SUPREME COURT.

Wairarapa Daily Times, Volume VII, Issue 1881, 6 January 1885, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Monday, January 5. (Before His-Honor the Chief Justice.) (From the N.Z. Times.) : The January sittings of the criminal sessions for the Wellington District commenced yesterday at 10 o'clock., Mr Izard appeared as Crown Prosecutor. :

Perry and McKenna's. case. . Edward Perry and Leslie "McKenna were charged with obtaining the sum of--£l6 under pretence of- selling Edward Hornblow a one-sixth.share in: a gold-tearing-ieof,.said .Wairarapa North; - and" which' reef laving : no existence.the one-sixth' jfliare'rwas of no value. Perry' did not answer to his name and McKenna;who.pleaded;not guilty, - was defended "by Mr E.' Shaw. Mr Izard Crown Prosecutor, appeared for the proseEdward Shaw who appeared for Messrs-W. Neill and T. Thompson, of Masterton bondsmen for Edward Perry, applied-that the" bail should-not be estreated, at any; rate, atpresenlQ Hty explained that, the'. accused wjMjpS known to bo in Sydney, and; a "warrant had that .morning ..been, issued.-for; lis... apprehension. „ Therefore he appHed'.that the - • bail should; flot. be ? estreated,;.? 'Mr I 'lzard for the.prtcsecution;objec£editq:tliisr course, and His..Honor;' afterV/short':. refused to grant the applies-tfoh-'-and signed ;the,certifitjate/for. the: •_ estreating of the bail. - .., On the jury being empanelled,-;*---■' . Mr Shaw asked.whetfier His' HoiwiSconsid'efed it in the'interest of this conspirator should be ■tried-ra' the absence of the co-conspirator. ' .'.- His Honor replied that it was mah|f,eatly unfair to allow onemati : to go freefrbiri'' punishment heoause -hispartner ,m- crime * had' leflrthe Country, f ';■;'' ',■»'■"■■'■■■ .. -The case was then proceeded withytMr ■ Izard, having opened the case'for the' prosecution,calledthefollowingevidoiice; ' .-.' ,Roberi Edward Hornblow,;.residing at ' Masterton,"deposed-'that early in-June' - ~Perry .and McKenna- were talking to ; hjnif aboiitthe gold bearing reef they n'a.d;^- J ' covered. Witnesß, ; Wi^, : ''-.WoU, if-any-thing turns out'-pf'it, : share." Perry leit'£piW' of quartz said to Dataken' i fr(mj' ihifcvroei" at the house where ■FitneK?lc4gei -McKenna, a day -or that Perry had taieu'-^n9-&'ponnW-m'to'■ the'concern on payment •of :£SGO down, and^he.remaijidey;to:'comeout of the first aiidi he. would take'witness': in" 1 .a ;sjmilar' consideration, Witness'could nqt;pay £25 down, but agreed;tb pay.£l6.; -Afday or two afterwards witness met the twomen, who showed him several pieces 'ot' quartz said to be taken from thereof, making him a present- of'a-small piepe,; (The piece of quartz being produced;' wife' ness identified it, remarking that the nugget of gold had been knocked off it.) McKenna'also told' witness a day or two later that Perry did not care to take him (Hornblow) in, because O'Connor objected. Eventually, however, they agreed ' to his becoming a partner, and an agreement was drawn "up by Mr Beard, a solicitor at Masterton, embodying the terms mentioned previously by witness. Subsequently;witheas paid..'the..'deposit. agreed upori to' McKenna. " Asked' them many times where the reef was, but ; could get ho farther information than that it was on Maori land, and" finding he could get no'satisfaction, witness even- ' tually threatened to send them a lawyer's letter demanding that the locality be made known to him'or he would prosecute the. accused for false pretences. ' That' threat -was fulfilled;, and .Perry,- after receiving "■ the letter, came to witness and asked him to let the matter stand over for a few days, Witness agreed to this, and a.day or two later Perry told him that MoKehna did . not wish, to make the locality known to witness, However, towards the end of September an arrangement war'made on terms, of which. Perry; and McKenntcame and woke, fitness up;at"ll o'clock one night, and they started for'the reef, arriving on the scene, after a -most ad- ; venturous journey through wild country,- . at about 3 a.m. When-.tltey came neat one of the accused asked witness whether ha heard the water. . Replied thathe did \ and. a little further on they came to a, gully, which MpKennar-aajd was "the place." McKenna got a spade and com', nienced to. dig,... witness having first oautloned him against exposing the seoret by digging too deep. Presently the spade- struck some hard "substance,, which was found to be a boulder glittering (presumably with gold).- Witness remarm. that it looked " rich." ,-" Yes," ■ one 'of the accused replied, "it is the reef itself." - -.Witness 'asked for and received'a pieco of stone, glittering ' with' ■ gold. Asked at the'time whethor ho .Watt' satis-, fied,-. -Witness ropliod that, .he would be. •.more-'satisfied if he could. Bee the reof .'.hi", the-daytimo.. A-party of ...Masterton prospectore told-witness it was a swjndlbf. and went with'him and O'Connor .to t.hj > scene;' Witness then issued-iwarrantfor thr arrest of Perry, and McKenna told him a day afterwards that the„.piece.,of quartz given to witness at the '-'reef "was not knocked off the stone. McKennj subsequently told witnesrthat th.B whoja ■ thing was a fraud-there was'notWng jn , it ; - By Mr Shaw: Knew, gold when he saw it. Was aware that accused had been : ■ prospecting for some-tim'e v previous. Witness with McKenna and Perry,"waited oil i Mr G. Beetham, M.H.R. for the district; , urging him to get a Bill passed through i Parliament facilitating mining "upon Maori land. Mr Beetham replied by [ letter that ho did not think it would be possible that session, O'Connor, Who was i swindled to the same extent,as-witness, L was not prosecuting the accused; ; Cp'ula not say whether. he. (wi.tness), t swore,,at . Masterton that'it had'been igree|'|a should get his money back if ha wa| djflj; i satisfied. Did not a&k for a return : qf tjje t money after he had seen the reefifanA . wlion he found out what the affair was . he would not have taken it b'a'ok,' : When i the warrants were issued' forth'e arreßt p|. i .accused, Mrs McKenna, on'behalf' of hefc " husband, offered '.aii ■ 1.0.U;;' for. ;,'tfce] i amount paid. A man named Kibbleivhits' ! offered-to buy witness out, but thinking' i .he had got a "good'thing,".refused"the' i bargain, ■'' •' .'.',.; 'By the Court; When.witness had paid; ! a part of hismmonet". Perryy t ".Perry told him jiisi; • could Bell his (witnesy) Bhare for £looy i This offer witness declined... :■'■ :....'.i.'7." - The Court at this juncture adjourned* <■ -till 10 a,m, the following "mbrnihg.'" ' i| ' •