SUPREME COURT.

Wairarapa Daily Times, Volume VII, Issue 1961, 10 April 1885, Page 2

SUPREME COURT.

Thursday, April 9th. .. ALLEGED PERJURY. .' (From the Evening Press), -■ T. E. Price was arrainged for committing pel-jury at Mastertqn on the 16th February last. " t Prisoner pleaded not guilty, and was defended by Mr! E, Shaw. The Crown Prosecutor explained, the circumstances surrpunding the case, stating that tlie prjsqner had been chargep, at the R.M. CoUrt at Mastertpn. with being the father of an illegitimate child, and during the hearing of tl)e swpre that he hat} never walked about the streets of Mastertqn with the mother of the child. It would be proved beyond (|oubt tha| what the prisonerswore beforo the'R.M. Court wi\b false. On the app]igatjpn (}f Mr-.fjjjjajr a}} witnesses were pndore'd out qf Court. The JfollQWina evidence was adduced, iJoseph John Freeth,, Clerk of the Resident ZVJagiatrftto's Court, Wajvavapa, stated tofcj Wtt» apnuaW, WltH, the priflonor, hiul iwnotyM a Qfiipw Doing Hgcd at the %% 091$, Siww« ton, fionoerntDjj lijin, |>y Emma. Adams, motiiou tif %w$ AdNV I'rfap an«wei'od tlio sujpiqnii, A"4 W W\\m\\k ed by oppaoj. T!)g gayo was, trjed. by Mv 'WiffM. a«d notes of a portion qf the §Yid en (? e ! Witness did not administer the oath-tp prisoner, but heard it administered to him. There was something stated during the eyldenoe concerning the prisonerwa]kjng'a|p.ut the sirens. 9E l\fa§t§fton' with a Miss Adams, Mary Adams'if asthe first-witness'examined, and-on referring to somtf notes taken bV him at the trial, witness read that Mary. Adams had said: "Prisoner had walked up the street with me as. far as' Perry's butcher's shop. -He di'd-Ti'ot the'Bame p/ace,""'Further clri" ; wliine'ss,' read.'f.'frisjpner walked' i hom'e ! witli rfie kboi;jt|r,oe'!;wjefi 'Spc-a) evenings.On'one Sunday evening he )ook njedfip a back stveet and' me" about'and Witness'then referred to other parts q'f'fjje'd^pp^tip^i : shqwei"tha^t' pyisongr' jjad'|eei| jn 'the habit qf Valkiii'g qjjli) with Adams' and another gjrl, 1 ' Witness sjei} 'to the prisoner's statement fin/fiat]),' yiz.-: " It is not true that I walked' out with Mary Adams timos without number, I swear that I never went to the Waipoua bridge with her. I swear that she and her bfttjier have been telling lie's. I will swear'f|at"np pjiejn this tpwn can say they' ever 'siiw'"ii)e" tfajking 'gjtff Mjfry Adams if they 'speak the' tifjitji." Rrjsqrier, in anqtljer !qf lijs 'statement, said that lie MM fo'mWm $W- 6»# gate and apciisted by M: §\\Q B R id to him ''You m itisHing Hp'to my dauglM and I replied 'not at all madam, 1 The complaint was dismissed by the Resident Magistrate. .§■ By Mr Shaw—Do not prisoner statjng -voluntarily that',. the familf,' l 'se'ehig- ; Mary Adains, \yas'uri(}ei; the "thajt he; was peeping cpnjpany with Ifer. ' prisoner's ejiifj.eijce'at'tlje Cqiirt 'did not lead me to believe t|iat he" ii'lteijqeij fjhe ' Court to believe that he never walked with Mary Adams, Ido not think any specific time was mentioned aB to when the walks took place. I remember one witness saying that he had been seen wjtli Jlfary Adams behind his studio abmifc iwq f eai'j agcjl. Constable H/ealy,' ftafiqned at Masterton, gaye evidence as to administering theiqath, whicli was as fqllqiysl:—" The eyjdenge, ypq'shajl giye befqre f|e Court, Bhall be the truth, the T?hqle truthj and nothing but the truth, ao help you Gpd.' l |n answer to His Honor the- witness" said he never mentioned "in tlje present oase," It was the usual. foj>m qf oaft administered,

The Orown-froneoMtgr thought that the sooner the Constable changed the'form of administering the oath the better, : ■ John Gilbert Campbell, a laborer, residing at Masterton, stated that he knew both the prisoner and Mary ,1 Adams. Had frequently seen the prisoner and the girl Adams together between the two \Vaipoiia bridges, p} atop, in, Qhape} stKiot. This was about ejgh/teefri niqnths ago,') Had seen them between the bridges several fines' after dark "on Sipjay nights, i.Thomas O'Connor, a laborer, gaid that he;kneyr the prisoner and Mary Adams. Miembered meeting them together between Bacon's mill and tho Waipoua bridge, flfld seeing them together outside prisoners shqp ; . By Mr Sljaw-Bacon's mill is. pubj|p enough, and nqt tl}c-Sort of p)ace .whore I should take my sweetheart if | wanted to be quiet,

1 Morgan M, O'Meara said that he also had aeon the prisoner and Miss Adams .together between the Poßt Office and the Waipoua bridge about February, and March, 1884, On one occasion had seen them going from Chapel street into a paddock. Witness was in the Court at Mafet'An when the paso wa§ l}ear<j, and. was sitting next to Mias Adams' brother; Witness heard' the prisoner state that he had never walked with Misß Adams, and witness said ''sotto vooe" that the statement was not true, Tho next thing, he. heard was his name called out as a witness, Could not swear who called out his ni.me. '-

Mary Adams, sworn, said she resided close to the Waipoua Bridge. She was born in Masterton, and lived there all her life. She knew tho prisoner; His acquajntanpe jjhree •years. ■ ago last Easter Sunday.'" Had known''him petter latterly than formerly, Had frequently walked in his company. On a Sunday evening after Easter, about three years ago was the first time she walked with him. Witness's brother and his young lady were walking ahead of them. The time would be between 8 and 9 o'clock at night. Had walked with him since then alone. They walked three times to the Waipqua bjjtjge, kit M not recollect walking on ifiqre occasions. •'■ ""' . In answer to his Honor, witness said she might have walked: with him more than three times, but could not swear it.

The following additional report appears .in the New Zealand Times:—This was the case for the.crown.- Mr Shaw: intimated that he did not propose to call any 'wit-' ;nessesj and counsel for the prosecution' addressed tho court, '..

Mr Shaw, for the defence, detailed the' circumstances in connection with (She

former case against Price,, In the heat . '>■}. of that trial the defendant had said that ,' , '' he had never walked with the girl in his life, and that had been seized upcjtfy the %. prosecutors and subsequently nHfe-thej 'f cause of this prosecution, which Vfwr! really got up to appease the 1 .ohagrin iU '■■■"':■'. discomfiture of a defeated party. Hd-.ti-' ," minded the jury that before conviotifigSk-' the accused, thejhnust be t : only that the perjury had been comhHiip&.V but that it had been- .'committed "faiiijly >' and;wilfully. • H^E' His' Honor, iii summing np, pointea|fit . '•'■••-• that if the prosecution was, as Cp'Mel, . for the defence had said, a spit§fui:b|ii-' : that was no reason why. the. ends of jli&V ■: . ice should not be met. '.'7'% '" Mr Shaw asked his Honor to jury aB to the ambifdiity of tho.'jw '•;••' "walked with the girl," usedihy prisoner. *•■" His Honor did not comply;with the %■•■ ' quest, but he fully explained the tion of Mr Shaw. v Ut

The Jury retired, and after.being absent for half an hour, brought in. a verdict of not guilty. The prisoner was therefoye: discharged.