R.M.COURT.

Wairarapa Daily Times, Volume VII, Issue 1935, 10 March 1885, Page 2

R.M.COURT.

MASTERTON-MONDAY. (Before H. S. Wardell, R.M., and B. '' P r - Boys, J.P.) 'Thopias s .Edward Price was charged witH perjurjv- Mr Bunny appeared for the ■ prosecutor.. and Mr Shaw for the defew?e. -

The-information set forth that on the 16th February tho defendant was summoned to answer a complaint mado on oath that he was the putative father of a bastard child of which one Mary Adams was delivered; that on the hearing of such summons the defendant paving been sworn and asked whether-iir truth or' in fact you the said- Thomas;; Edward Price had walked the stfe|ia;of-Maisterjtdn with the said Mary Adams on differcijitidccasions and at divorso times did soft fully, wickedly, falsoly, swear that you never walked your life; that she and her brother had both told lies; and that no one could say they had'seon you walk in Masterton with Mary Adams if they spoke the truth. •■ Mr Shaw took a technical objection to the form of the information, Ho wished the times and places on which his olient had walked with the girl to be stated. Mr Bunny contended that tills was unnecessary.

The Court thought it would be more convenient for Mr Bunny to supply the' information.

Mr Shaw said if he wanted to prove an alibi, he required'the date to be specified. The Court.said, the information must be put in such a'fonn that the case, could be conducted within reasonable limits,

Mr Bunny . said he would limit the information within jthe past two years, At the request of Mr Shaw all witnesses were ordered out of Court. Mr Bunny in opening the case gave a resume of the evidence taken in the affiliation case heard on the 16th of February, referring especially to the statement made by the. defendant that ho never walked with Mary Adams on which the information was founded. If he could prove that defendant had walked with Mary Adams, he would submit that a prima f,icU case for committal was established, He also submitted that if the ovidenco of the defendant only went so far as to discredit the evidence of the girl, the Court must convict.

John Healey, Constable, called, deposed that ho remembered tho 16th of Fobruary last, He was present in Court during the case of Adams v Price on that day. Defendant was duly sworn before giving his evidence. (To Ifr Shaw) Defendant'"was called by Mr Bunny as a witness.

Josepjt J. Freeth, Clerk of the Court, produced t)je complaint laid against the defendant on i))§ |oth February, and the other records of the case, He alsp sworefrom his notes that the acoWc'd on the 16th February said: "He was last in the Scotch Church about two years ago, and had not been there since. It was not true that he had walked times out of number with Mary Adams. He had never taken her home. He swore positively that he had nevor walked with her in the streets of Masterton in his life. She had never bee,n jn his s|udk> at night." Mr Shaw objected that this latter nmnt was not in the averment. Mr Bunny claimed that he. had the right to introduce it. The Court objected to going outside the information.' IJr Bunny asked for the information to be amended to include the point re studio. Mr Shaw protested against additional assignments being introduced into the information, The Court would adinit the assignment though it considered the defence was taken by surprise with ii Witness,continued, "She has never been in my studio by herself. I can swear that she has never been there alone with me," Later on he said, "I did not ever go up to the Waipoua bridge with Mary Adains, J. will swear this. She and her brother have been telling lies. I can swear no one, if they spoke the truth, oan say they saw me walking with Mary Adams," (To Mr Shaw) Witness took down the words of the evidence as near as possible, giving the results of the evidence, Defendant said in his evidence, "I was one evening walking with Thomas Hall, he spoke to them, and we went on for about a hundred yards together," Mr Shaw: " Have you Mr Freeth ever seen Mr Price walkinsr with Mary Adams. Witness: No.

Mr Shaw: Is it likely that in a public street like Queen-st Mr Price would be likely to walk with Mary Adams without everybody seeing hor. Mr Bunny objected to this question. Mr Shaw: I wish you would let me alone, (laughter). Mr Shaw repeated his question, (laughter.)

Mr Bunny again objected. Witness continued : The informant in the present case is the father of Mary Adams, (to Mr Bunny) Had seen Queen street pretty well lined with people on Sunday evenings. Mr Shaw : Can you see the Waipoua bridge from the Church gate. . . Witness: Not if it is dark,

Mr Shaw: Are you aware that Mr Price resided with his sister in the town within the last ten months. Witness! Yea, Are you aware that he was in the habit of taking his sister out for a walk on Sunday evenings. Witness: Ido not know. Werethey bothliving at the same house. Witness: Yes, At Mrs Rockel's,

Henry Dixon Adams called, deposed: I am brother to Mary Adams. I have known Mr Price for five or six years. I met Mr Price at the Scotch church. My sister and Miss Hall were, with him. After the service was over, he accompanied us to the Waipoua bridge. I walked with Miss Hall and Price with my sister. I continued my walk towards my father's house with Miss Hall and Mr Price returned to the place where my sister was staying. This was on Sunday evening about 8.30. One week night Mr Price accompanied my sister and Miss Hall and me to Cole street. Miss Hall and my sister gave each other a friendly squeeze and a kiss, Mr Price said to me " I wish they wouldserveusallalike, (laughter), (By Mr Shaw) This was about two years ago I would not be surprised to hear that Mr Price had not been within the Scotch church for two years. I think Price walked with us twelve consecutive nights. I said it was about two years ago but I think it was in tho autumn evenings. I thought he was keeping company with my sister. My mother knew my sister was walking with Mr Price. I cannot say whether at that time my sister was living at Mi Payton's or Mr Chinchin'a. About July 1883 Price knocked off going to Church because he said he was an infidel. I don't know that Mr Price walked with my sister after that. I know nothing about whether Miss Hall has been written to about this case, I will swear that I have not heard anything about it, I have never seen my sister and Mr Price together between July 1883 and tho day I left her at the shop, April 1884. Be-examined by Mr Bunny: My sister was out at service during the two years spoken of until about seven or eight months ago, and I was staying at my fathers house. 1 was under the impression Mr Prico was keeping company with my sister at the first going off. My oisterhad letters addressed to Mr Price's shop

from Miss Hall, of Dunedin, He did not know how long Miss Hall had been away. John Gilbert Campbell doposed he liyed the other aide of the Waipoua Bridge, He was a witness in the case Adams v Price. He had seen Mr Price and Mary Adanw together between the two Waipoua bridges, and in Chapel street. It might have been three or four times between nine and ten that ho met them walking together between the bridges. He saw them together in Cliapolstreet ono Sunday evening near the entrance to the back premises of Mr Price's shop. He had seen'Sliss Adams walking up andjdown as if waiting, on .6iie'-pccasion : /-":J By Mr Shaw :;It was at least a twelvomonth back that lie saw them together in Chapel-street. The other meetings would be about 18 months ago in the spriiig time. Be had met Mr Price walking of an evening with Miss jPrice, his sister. He could swea'r.he recognised Miss. Adams lifllQ had | blacHress on. Itwas-ialiays-between";Uhe .'two bridge#»fc'he%iet ''Bip&H'- : i - Jp-3IM ; -''> I saw Trice together on two occasions'between the Waipoua and Post Office- near. Mrs Ewington's stables. The first time I saw them together I was walking in the same direction they'were going and passed them. I had passed Henry Adams that same night with two young ladies, going towards the rise. On another occasion I saw them together in the paddock going in the direction of the back premises of Mi- Price's, on a Wednesday night about 7 o'clock.

Cross-examined by Mr Shaw.: It was on a Wednesday evening 12 or 10 monijis' ago that he saw them In the paddook, going towards the studio. He did not answer the question at the List examination because it was not put in a civil way, He had never seen them together since. By Mr Bunny: He had seen them together on another occasion, but he did not remember the particular time. It was in Chapel-street, and they were going towards the We3leyan Chapel. By Mr Shaw: That was 18 months ago, Thomas O'Connor deposed that. ho knew Maiy Adams and Thomas E. Price. Ho had seen them standing outside the shop speaking together, One Sunday evening ho met them walking between the bridge towards the rise, Honyy Adams and two girls were in front. Ho saluted Mr Price and Mary Adams Inpassing. He had met them after in Chapel-street on another Sunday night. They went through the fence down to Mr Price's back promises,. Cross-examined by Mi' Shaw: He came down from"Tihui a fortnight ago, and had earned six "bob" since he had been in Masterton. It was jn }BB3 lie saw ftem together, and he had not seen tliepi together since. He was sure to jtf'e'year but nqfc to the month. " •'

eution, •'

Mr Shaw expressed his surprise that tlie lady had not been put in the box. He would ask his Worship to put the questiqn to Mr Adams, sen., as to whether a telegram had been received, from Miss Hall to the effect that she knew nothing of Mr Price and the walks. The question was put and Mr Adaing replied in tho negative." '•''" Mr Shaw asked if he had toldMr lorns thai $6 hap) done so,. Mr Adams replfed thaj jje had, not and challenged them tq qrjijg hjin fape tq f£<s and repeat the qqcstiqn. He prqceeded tq say that if he ha(j'beeiiin the Court at (she last exaii)inatjon lie wpuld haye stopped the language Mr Shaw had used. Thjs concluded tlie evidence and the Court adjourned tjlj nine q'cjqck next morninp. .

Tffis Day, Mr Shaw: Ido not intend to, occupy the ifcjme of the Court lqng- We cannot blink the fac|> that this case arose out of a failure of a fpni)or case; Mary Adam* inajje a plaint that the. aoeii'sed was the father of her ch|ld, Sim swore to gates', and that in tho month gf April sheentered defendants studio for the first : time, The law Is that man shall not be saddled with a bastard on the evidence of the mother without outside evidence, The evidence contradicted itself in many particulars. There is a very notlceablefacfc, viz,, Price is not charged with dlreot.perjury as to denying; being the father of the child, but on a side issue, There is also this fact, the main witness, the mother, of the child, is kept away. I admire the astutenessof my learned friend, but ho is absolutely afraid to put her in the box; Her evidence was absolutely at issue with the evidence of the other witnesses, She swore that on two or three occasions in 1882 lie kept her company. Now compare that with any other evidonce, it was absolutely contrary. Hor brother swore he had never seen them together since July 1883. All three witnesses swore to beleivirtg it eighteen months ago. O'Connor said he saw Price and Mary Adams together in the back paddock in the Spring of 1883, and the girl swore she was for the first time in 1884 with Price, Now if the girl had been called she would have to have eaten her words or been absolutely contradicted on oath by the qther witnesses, We have the time fixed and I would ask the Bench to read the evidonce through, if it could find any trace of intimacy existing beiween tjiem in 1884, The brothor says as far as ho knows, the acquaintance ceased in July, 1883, and prior to the date the girl swore it begun on. The thing is monstrous! 11l my opjnjpri it is a deliberate attempt to foist on to my client a tale which wijl not boar truth and is contradioted by their own witnesses, There has been only an additional witness brought forward, My friend has rampaged tho district, and brings a loafer from Tenui who haß not done a days work in the place, and my friend asks tho Court to say that upon the additional evidence his case is proved. I will remind your Worship that by the J.P. Act 1882, they must have reasonable conviction of the guilt of the party before committing the caso for trial, Assuming for once that Mr Price swore what was not true, I would ask youv Worship to consider if there had been walks in 1883, whether that would prove the concubinage in 1884. But Mr Price's evidence was not given in impeachment of any one. My friend would not wait until he was called by me. He simply gave an account of what was within his knowledge in his own way. I regret the position of the Adams family and I take this opportunity of expressing my sorrow for the aged father and mother. My client was in a position that he would be ruined by such a commitment. He would be dragged through the mire, and I ask what advantage it will be to the girl. They had been beaten on a fair ground and were not men enough to lie down and own it. My client stood his trial like a man, which he could have avoided by a payment of ft 6d a week. I say it.is .disgraceful that an attemptshould be made by o side wind to ruin him. We have not called a witness for the defence and 1 ask the court in the face of the evidence before it if they could commit thereon. I ask that the case be dismissed.

Mr Bunny quoted several cases to show that it was not necessary for the evidence to bo of a material character a charge of jjorjury to be sustained. ;.' •'i His Worship took a note of the eases quoted by Mr Bunny, and said he would take time to consider them. He intimated hi; decision in the caso would be given in a fortnight, and the acctjaeif in the meantime would be bound oVor in hj§ own recognizance to appear then.