R.M. COURT.

Wairarapa Daily Times, Volume 6, Issue 1806, 6 October 1884, Page 2

R.M. COURT.

MASTERTON.-MONDAY,

(Before H. S. Wardell, R.M., and " W. H. Beethaji, and A. W. Renall, J.P.V ' .-.

THE PERRY AND McKENNA CASE,

Edward Perry and Leslie McKenna were charged with obtaining money and goods to the value of £25 under false pretences from Robert B. Hornblow.

Mr Beard appeared for the prosecutor and Messrs Sandilands and Skipper for the defendants.

Mr Beard, in opening the case, stated that the defendants announced to the Masterton public that they had discovered a gold mine and set to work to obtain money from residents, Amongst others they submitted specimens from Hbrnblow, from whom they received £25 under a memorandum of. agreement, Subsequently the defendants agreed to show Hornblow the locality of the mine in order to establish the bona fide character of their undertaking, After piessare they took him up one night about eleven o'clock to a spot about nine' miles from Masterton. There they uncovered the commencement of a reef, and with the assistance of solitary wax matches they disclosed a portion of a reef, but afterwards it waa discovered instead of the stones being covered with gold the metal on them bad been rubbed in. Two persons, Messrs Parsons and Heaton afterwards discovered the spot and found that instead of the stone being gold-bearing quartz, it was nonauriferous stone, ThoCourt: What is the particular false pretence? Mr Beard: There is a nodes of false pretences, Tho particular one is the production of specimens which were alleged to be obtained in this neighborhood, and obtaining money on this representation

Eobert E. Hornblow, called, doposed : lam employed in the office of the Wairarapa Star. I saw McKenna and Perry in May last. I had heard that they had found a gold field. In the course of conversation I said "If it turns out all right you might give us a show." They • replied, "Yes, when we have secured ourselves." They showed me a specimen, which I returned to them. A few days later McKenna said Perry had taken O'Connor in as a partner, and he would give me a share. He said he would let me in on the same terms as O'Connor, £25 clown and £475 to come out of the first and second crushings, The understanding was that if the £475 did not come out of the crushings I was not to pay it. I pointed out that I could not afford to throw £25 away. Ho said he believed the reef would turn out very rich and that he was doing more for mo than he would do tor his own brother. Perry did not seem to care about taking me in. Perry told me he had sold a share to O'Connor and that McKenna could do what he liked with his own share. The specimens produced I received from McKenua after the arrangement was concluded, except one small piece, which had a heavy piece of gold in it, which has tumbled off since, When he gave me the small piece he produced other rich specimens, which he declared came from the reef they want me to buy into, At the time they told me that the reef was in Wairarapa North on Maori land. 1 then arranged to meet them at the Council Chambers to get an agreement drawn out. McKenna objected to the agreement being drawn out by a solicitor but I insisted upon thispoint and the agreement was drawn up and signed in your (Mr Beard) office, By an agreement with McKenna I only paid £ls in cash. The namo of the locality was left blank. Perry said till he had soen the maps in Wellington he could not givo the locality, but ho promised to furnish it and have it inserted in the agreement, McKenna told me quite recently that he gave Perry £7 10s out of the £ls. They put me off from time to time respecting the locality. Since the £ls was paid I have paid over £lO in money and goods to McKenna, Perry said he was willing to show the place but McKenna was not, He advised me not to give McKenna any more money if he did not show it,

The Court said the history was no doubt, as a romance of a young mans folly, an interesting one, bub a good deal of it was not relative to the charge. The agreement stated that the informant had purchased a sixth interest in a "blank" goldfield. It understood that a "goldfield" was created by Act of Parliament,

Mr Sandilands said the informant had merely bought a myth. He had some ground for recovering his money back but not for the charge preferred. Mr Beard argued that if an interest was sold which had no existence there was fraud. Witness, continued: I was taken out one night by a round-about way to see the reef by Messrs Perry and McKenna, We reached the place about three in the morning (laughter,) When I arrived at the spot they said " this is the place." One of them got a spade and commenced to uncover the reef. Mr Sandilands: Is this evidence 1 This all takes place after the man has parted with the money ! The Court: Supposing this man was shown a particular grotto. That was not the cause of his parting with his money \ Mr Beard replied that this disclosure revealed the fraud,

The Court : Are you going to identify the spot visited 1

Mr Beard: Yes. The Courtf If that is so I will take the evidence.

Witness, continued: They said "This is the face of the reef." I said, "It looks very rich." They said, " Yes, it is the leef itself." Perry struck and held matches while McKenna uncovered the reef. I asked one of thera to knock me a piece off, and Perry told McKenna to knock mo off a piece with the spade. ; The piece produced is the brio knocked off. There was gold in it. McKenna told me after I took out the warrant that he had that piece in his hand all the time. He pioked it up on the river-bed

and;- slipped it into my hand. I said I should be more satisfied to see the. reef in the day time, but they objected to this. Recently I went to .the >spot again with a person named Heaton. I recognised the place and pointed out where a broken spade lay which McKenna had put away on the occasion of my first visit. McKenna sent for me on Wednesday or Thursday last after his arrest. He commenced .blustetins;, and said, "Do you think ■we were such fools as to show you the reef." Afterwards he said he was sorry, they must have been drunk when they started it. I asked, "have you got a reef at all?" He replied "No." "It's a fraud then?" said I, and he answered " Yes." ..:■ f

The Court: Was Perry, present during the conversation \ . ■ Witness: No! Since then McKenna, after seeing Perry, denied his first statement.

; Cross-examined by Mr Sandilands: The tiist time witness saw accused on this matter was outside the Star office, they did not then show him specimens, He had elsewhero heard something of the find; and he asked them if it was true if they had found a gold field and they said " yes." Witness 'said " you might give us—well give me a show,", and they promised to send in i piece of the quartz to where he stayed, and did so. He meant by a show, after they had pegged off what they wanted they could give him a first .oLance to peg off, This was not what he bought, McKenna asked him to take a direct interest iu • it afterwards. He would swear that ho was not the first to make application to be taken in partners with them. McKenna told him that Perry had taken in O'Connor, and he was willing to tuko witness in the same way, The words used were " I will sell you :t fourth share, tho same share as O'Connor, in this goldfield we have discovered on the same terms as O'Connor." 'Ho further said the £25 was to he paid down and the balance at the first crushing, Ho indicated the direction of the locality, but did not say where it was, . This was alter he had seen a specimon and returned it. Ho tho.ight ■it was returned to Mrs Perry, who lived next door to where the prosecutor resided with O'Connor. At the time McKenna offered to take prosecutor in as a shareholder he showed him some ■specimens which he had in a handkerchief. A specimen was handed into Court by the prosecutor which had (been given him by defendants, This was given him before the arguement was signed, He told McKenna that he had not all the money, only £ls, and McKenna said he would lend it to make it allrighfc with Perry. Perry demurred at him being taken in as a partner, he objected, but did not at the limo state his reason although since he had told him, that he was told by O'Connor'that he would probably blow it, by that he meant that he would divulge the secret of the position of the reef, McKenna on several occasions urged him to go in, but Perry was not in favor of it at first. Half an hour before signing the agreement, Perry told him he was not entitled to a fourth and he had agreed to take a sixth at the same price as the fourth. ■ Perry told him it was on native land, but could give no further knowledge until he returned from Wjelliuglon. Perry said he did not wish to say more until an Act was passed by the House to enable them to deal with mining on Native lands. The defendants had an hours interview with Mr Beetham at Masterton, and he showed them a draft of the Act he was intending to bring before the House, This was after he had been taken up to the bogus reel'. He was asked to be present and got thereat half past eight. In answer to tho Court, prosecutor said he had not much previous knowledge of mining, (Laughter,) When prosecutor had signed the agreement he commenced to urge upon defendants his claim to see tho locality according to promise, the first instalment having been paid. They had told him the place was on Maori land they thought belonging to a native named " Sarah." He would swear they did not say they would not show him the reef until' the title was made good to them* 'Prosecutor had instructed his solicitors to write and demand of them to show kirn the locality. After this they appointed a time to take me to take me to the claim at 11 o'clock at night. They said they were likely to be watched wheii be asked them to explain their reason for taking him at midnight. He thought defendants were afraid of witness being too smart for them. (Laughter.) When he returned fi om 'the visit he told people he thought very highly oi the claim, and had faith in it, He had since found that the reef only consisted of-a boulder let into the clay bank, He was offered his uioney back by Perry if he was not satisfied with his prospects, and Mrs McKonna had asked him to take an 1.0. U. for tlie amount and quash the proceedings against McKenna. Several people had asked him to sell his chance but he would not. Kibblewhite had frequently interviewed him, but wanted to see the reef first before he invested (laughter,) McKenna sent for him at the Police Court, and prosecutor said to him it was not likely they were going to tell those foro where the real reef was, He said the whole thing waa a swindle, and he was sorry for his wife. Shortly after his return from the visit at midnight to the supposed reef, an agreement was drawn up, the purport of, which was that no one should go out to the reef without the knowledge of the others, There wos a verse of poetry heading it, " Let not your angry passions rise, &c, (laughter). The object was to prevent discovery from outside. He did not know whether any locality was mentioned, Ho did not give any such information to Mr Parsons, to his knowledge, that would have led to the discovery of the supposed reef. By Mr Beard: They had always given him to understand this was the reef.

Fergus O'Connor, printer, deposed that he knew the defendants, Perry asked him if he had any objection to McKenna taking Hornblow in. He replied that he would have nothing to do with the arrangement. Perry told

him McKenna had sold out half his share: in the gold find to Hornblow. They did ; not inform him as to the amount of the purchase money. They spoke to witness about a letter received through Mr Beard from Mr Hornblow, demanding to see the spot. They said they would not show the spot to Horn blow, but they would to witness, Thoy showed a spot to witness in the bush. They represented this spot as the place where they discovered gold. He had subsequently visited the spot with Messrs Parsons and Heaton, and found there a lot of specimens lying about, and the hill from which the stone came. When he first saw the stone it was just getting dusk, and he had to Btrike a match to see it. He enquired whether the place where the waterfall was was rock, and they Baid it was. He subsequently discovered that it was not rock. A specimen was given to him which was supposed to be broken off during his first visit to the reef,

The Court: Was your visit prior to Hornblow's 1 !

.Witness, replied that it was. An agreement was signed between Perry, ■McKenna, Hornblow and witness, to the effect that either of the four who divulged the place should forfeit bis interest in the partnership.

To Mr Sandilands: Witness held a fourth share for which he paid. - Perry was more williug to show the spot to witness than McKenna, Witness-paid £25 to both Perry and McKenna for his share. This sum represented the entire purchase money. The agreement produced was drawn up by Mr Parker. Under it the party agreed to work ; for gold in the Tararua Fianges, They hesitated to show witness the locality until they secured the land, Wit ness knew nothing about mining, but had an imagination for mining appearances. The place shown him did not impress him favorably. Witness had asked for his money back. He was thoroughly satisfiod to rest as he was in the matter,

Mr Sandilands: Are you satisfied there is something behind the boulder \ Witness.: I think there is a probability of another place behind the boulder. The Court: Is there a probability of your getting your money back? Witness: Yes. The Court: How? Witness: By cash from the parties. The Court; You and Homblow were living together 1 Witness: Yes! . The Court: And you' kept little secrets from each other! Witness: Yes 1 (A laugh.) - Mr Sandilands: You are not taking any proceedings ? ■. Witness: No. Mr Sandilands; Have you been requested to take proceedings by any parly. vVilness: Ihavo by more than one. Mr Sandilands: Have you been threatened. Witness: I was told that influence would.be brought to bear by advertisers on Mr Pay ton if he retained me in his employ, it I did not take proceedings, ■Mr Sandilands: Do you know anything about the efforts made to obtain the Maori land.. Witness: I know that Messrs Perry and McKenna interviewed Mr Beetham on the subject. Mr Beard: Have you been promised your money back ? Witness: I have! Mr Baai'd: By any particilar day 1 Witness: I was promised the money on. Saturday if certain arrangements which are still pending were completed, [Left sitting.]