R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 3085, 20 December 1888, Page 2

R.M. COURT.

CMRTIiIRTON-TUESUAY.A

' (Before 8. Von; Slurraer, 8.M., W. Booth iinil: .T. Bnylias, J.P.'s]

: J Drumwund v.J.Dow-'-Unbbitnuis-'unco,' The Defendant pleaded guilty. The plaintiff-; asked for a -minimum ponnlty, fined £5 and costs 7s, j A, Armstrong v.-los Ingley, Mr 1 Middlelonfor plaintiff, Mr Board-for Defendant. Ulogally impounding cattle from Section 17, Carterton. After a considerable discussion be ; tween the Counsels, the case was adjourned till tho 15th January, 1889, A. L. Whyto vH Ohesbiio, debt £2 15a Od, no appearance of defendant, judgment by default, £1 IBs 9d with costs Us, ono pound having been paid sinco issuing of summons, - G.'ff. Deller v. H, Ackerman, no appearance of defendant, debt £2 lis -2d, judgment by default for amount with costa As, . A.Mackenziev James Sexton, adjourned from last sitting. Mr Mr Beard for defendant, Judgment for '£2s 16s, with costs 40s. . J. Kolleher vTaratalii-Oarterton Road Board. Mr Pownall for plaintiff, Mr Beard for defendant (Board.) .:'..-■ This is a case in which plaintiff' sues for extra payment for wDrk dono in N a contract for tho said Board, owing "to some misunderstanding in reference to the distance the plaintiff had to cart the gravel, the specfications stating that tho ! distance to tho pit was" only 80 chains whereas tho distance turned out to. be 61ohaihs, for ivioh theplaintiff claims £ls for'exlWca'rtago. P, Scaliy dopos'ed that lip was a contractcr residing in Masterlou, lind had considerable experience in road woik, and considered thatthe plaintiffs charges made for extras,were not bxcessive, The'defendants' Uounsel addressed the Jourt at some length, and tho 'Counsel for the plaintiff having replied, plaintiff was nonsuited without cost.

Win. 1 Ingley v A. Armstrong. Mr Beard for plaintiff, Mr Middletou and Mr' Skipper for defendant. (Mr Wm. Booth occupied the R.M.'b Chair.) This was a caso'in which' tho defendant.™ charged that lie did in giving evidence in the case himsolfv Peters and Ingley, commit wilful and corrupt perjury. Constablo R. Darby proved to admin- r istering the oath to the accused (Armstrong) in the case Armstrong -V Ingley on tho 4th Decomber, 1888, at the R.M.' Court, Carterton, and that the oath was administered in the usual form. ■:

S. Von Sturmer, 11.M,, deposed to the ovidence given at tho last sitting of tho R,M." Court, Carterton, in the case Armstrong yW. Ingley for perjury; papers relating to the ovidence produced to the Court, also papers relating to : the case; Blackwall v Beiinott'and Armstrong for malicious injury to, property were produced, (Huard in the R.M. Court, Carterton, on £sth September, 1888), and also that'the evidence given in support of the acoused Armstrong being on the ground in the case Illaokwell v Bennott and Armstrong had a great weight in tho decisions given in that case, and that the oath administered to tho accuaod was administered in tho : presence of witnoss.

William Ingley deposed :-I am a settler, residing in Carterton, and remomber tho case Blackwell v. Armstrong on the 25th September, in which I was a witness.; I then swore that I was present when accused coramiited tho damage of which he'was charged. I said that I was in front of Callister's' shop, and that Bennett and Armstrong were in Section 17; also that Armstrong had hold of the gate while Bennett was knocking it, James Callister was with mo.at the time. I heard the accused swear to tho words as stated in'.the deposition, and that the words'wero false.

To Mr Middleton:. I was iu front of Callister's shop on the 19th September last for about fifteen minutes, ,md was talking to Mr Callister about the ovent just taking place. I did not seo the gate taken off its hinges, but I think Bennett waaknncking the hinges off, It was about 8.30 ip the morning, . To tho Court: When 1 saw tho gato it was off its hinges, and on tho ground, partly hold up by the accused. 1 was on horseback tho wholo of the time.

James Callister sail; I am a storekeeper, residing 'iq Carterton. I remember the 19th September last, I was standing at my shop duor about 8.80 a.m My shop is situated about three and a-half chains from Section 17. The accused had hold of one end of tho gate, and Bennett was knocking off the other ond. Wni. Ingley waß with me at the time, flcwaa on horseback, and was quite able to see everything that was going on. I was also present at the last sitting of -the Court, when accused charged Wm. Ingley with perjury, and that the words contained in the information wei-cs

lo Mr Muldleton: I did not Jietir any noise till I came out to the door, and then I heard a sound of knocking, which proceeded from Section 17, where I saw the acoused and Bennett, The gate was off its hinges. 1 did not see it being taken off, but the accused was holding the gate, On tho.2oth September, I saw the accused in front of my shop in conversation with my brother ■. i did not talk with accused, I never said at any time that "if liigloy sajd ho was present 'at tho time, ho was a liar like jus father." Jf I said in my evidonce on the 4th December, that I held conversation with Moused on that occasion, it was a mistake. I will swoar that 1 did not tell' accuped that Ingloy was not thero. I will not swear that I have not spoken to anyone about the'case during the interim.. ' ,

To the Court: I am quite clear in my mind that I took no. part in tho conversation with: the accused when my brother wa3 talkm? to him. My former statomeiit wasincorroot, Be was talk' ing with my brother, and as I was present, I thought the convention was directed to me, as well as iny brother. At this stago the Court adjourned for lunch, and.on resuming, ... James Peters deposed : I am a shoemaker residing in Carterfop, I remember thp 10th September last. v I was standing at my shop door from about 8.15 to 8.80 nan. talking to Greathead. I saw Bennett and Armstrong. lii'Bectiun 17. Arnistrou? was holding the gate and Bennett was knocking tho gate; I saw 'William Ingley on horseback opposite CnUJßter's shop Und he appeared to be talking to James Callister aud he could so,e whfit was going on ml|)o section before mentioned; and tliat the statement made by.the acbusod oh the 4th Docombor, that Ingley.waa not prosont is false. _ To Mr Middleton: 1 ■ cannot fix the time nearer than I have stated asl-had •no time piece in my shop, Ingley was on horse back when I saw him at .Callister's.' 1 did not see him. rido up to Caljisfer's, Tho gate was taken off its hiriges.wliilo I was standing at my door, (.saw'lngley after the' gate 'was off its Muges. The gate was in a leaning paitioii while tho accused was holding it. ' To the Court: Isawthegateremoved but 1 did. not see Armstrong thero .till after the gate was removed off,if* hinges. My ihop js'sonig three or four chains from tliq place whero the ga'tq was. ;,J. Greathead ; dbposod: I am a blacksmith residing in Carterton. • I remember the 19th September last. I was standing at my.shop door it might be between 9, and 3.(1 a^tbptj-could pot Bay ejea/etjy the time. I sky Armstrong holding 'tin) gate'b'n section 17!' while Bennett was'. Knocking 7 -- U and appeared "to he. l-nooklng tho hinges off. I saw ; w; Ingloy at Callister's shop door talking to. James Callister and iu full view :of the place where' the gate was;being;taken j off,'and that the evidence given by.the present accused on-tho 4th December, ;888>aafal8e.;~ : .'; : ■--• : - : ;~;. o;To. )Ir;'Middleton; It : mi?bt ; have been'half a>hour that iwaa' standing at my shop Callister's .sVpp 'ii about ten ohalnsWnimme; j and-there are others. between. I'am. not aware that, Fnirbro'th'ar'fl store prqeoto so/as tn hide Callister's shop.; * Ingley '(!a)lisicn when rcftme'out'at my Hid; not;see l :!thoi?ate; ; taken' "off its •hingq'si':,l:did 'nbVisiyTotfi previous be'easion • .that;; fetmett -ArQßtnmg

I,'V ■■'•. ■■■■>■-: ■-, ... . ■■.-. . took thorite- off; its hinges, i'jDidiuut' # oti; n provit iu«-.'- '.occnsiuh, that livns standing (it. Peters'.dubruhdsaW" tho gate"taken off its• hinges,-^Am"• mi slit!itly/friendly; tonus • with'. Joseph' Jnglcy.;-. I weiuVto Wellington, beim; i summoned on behalf of JUhckwull.' I neversaid thao'lmust bear Juqlngley out or I'.will .not get paid for' my ovidencp, I'll sweat thht I never said' such a thing. \ ",_.'■ ,| T'> .Mr Board:;! could,not state accurately tho • timo when tsawtho gate removed, There was nothing to' proycnt my seeing Win, Ingley at CalluteVs 'shop'. ~ My shop is about four chains from where tho gate was taken off j its hinges, and it would be about three chains from whero Ingley was.. To the.Court! I've seon different transactions'on tho said sections while standing at. my door,, and also while standing at Peters' door. •Herbert Oroathead, son of the last witness, deposed was at Mr Peters' ■door on tho 19th September last betweeii 8 and 9a.m.. I saw Armstrong holding a gato'on section 17 and Bennett booking it at tho same time. I saw. Ingley on his horße at Oallister'e shop door, Ingloy could see the section as woll as I could; the sectiou is about midway between Peters' and Callister's shop, and tho evidenco given by the accused! ou'the 4th December was false.

To Mr Mitldletoh; I ivna standing jit Fetors' shop about fivo minutes, ■ I did not. see my father anywhere about-at the tinio, No: one has prompted me what to say m giving evidenco. lwont back to our house. It would-be about ten minutes afterwards before I.wr my father.' : :

To Mr Beard:—lt would be afyut 20 minutes from the timo I saw Bennett and Armstrong at, the gate till I went, home. I did not see my father, anywhere about '„'.■' . Mr Middlotpn addressed the Court- at considerable longth on the evidence and the cause leading to .the present charge against his olient. '.",'.■..

The depositions having been read by the Clerk of the Court to fie accused and the ohargo'liaving been read over to' him his reply was that he was not guilty. ■For the defence Thos.- Bennett deposed that he remembered the proceedings of the 19th 'September last and remembered going to section 17 on' that morning at about 7.80, whou ho took tho gate off its hinges, . 'The accused was nofepresent, is was Harmari -who .was present. The accused caine,afterwards. 1 did not see Ingley there at tho time. The gate was laying on the ground whom Armstrong came up to the place; If Ingley had been at Callister's shop door I think I should have seen him. It only, took a few minutes to take the gate oJ, and if anything the-whole job wasdono before 8 O'clock."' I saw' Ingley talking to Calluter at hJB (Callister's) shop door after the hinges wero &kon off... I am 'positive everything was done when I Baw Ingley, " ■ - ■'■ To Mr Beard-It would take about fifteen minutes walk from my place to section seventeen. I waited'about near the section about twenty-five 'minutes after I had taken the hinges off the gate. I will not swear that Ingley was'. not at Callister's shop door while I was taking the hinges off, butl|didin.t bpc him and I will not swear that Petor Callister or Groathead was in sight while I was taking the hinges off. To Mr Middleton: When I first, saw Ingley Armstrong had been there about fivo minutes. Richard Harman doposed to the transaction which took placo on 19th September on section 17. and corroborated the evidouce of tho' last witness. I did not see W. lugloy standing at the place when I was there or, afterwards', I have no recollection of meeting Ingley on the road. When I came up the road Armstrong by f« or not,. Hid'not see Ingleyand I should be surprised to hear that anyone hail sworn that Ingley was present after the hinges wore taken off the gate. Ingley might have bqeii' at Callistera shop while I went to get my tools, and when I returned I did uot see him, but I will not swear ho waß not there. To Mr Middleton: It would bo under a quarter of an hour that I was gone home to get my tools. ■ ■ .

Homy Bunuy deposed-I did uot remember the ocourrenco of the 19th September last, but Iromembor seeing Bennett sometime in September doing fomethingto the gate, but what ho was doing 1 did not notice. It was between 7and.9a.ni, I did not, seo Armstrong thero.'loi'nnotfjx any date;..' To Mr Board: I saw Harman .somewhere near tho gato but I did not seo W, Ingley there. ' v ;■'■',. •J. Aplin deposed ho remembered the 10th. Soptemborlast,' but "nptanything particular happening On'tliat day. I saw Bennett and Harman trying, to unhinge a gate on a section opposite Fairbrathera shop, Armstrong came out of Fairbrother's just as-1 was passing- and went towards the other two but I was in charge of my horses and I did not potice particularly what wos'-beinjr done. This closed the case, - Tho acoused was committed for trial at the next Bitting of the Supreme Court at Wellington, bail being allowed, himself in £SO and two sureties of £25 each, and the witnesses were duly bsund oyer to appear for the prosecution,

| MASTERTON.-THURBDAY. (Before S, Von Stunner, R.M., and A, W. Benall, Mayor.) DHUNK, ■ _ A first offender for imbibing too freely was fined 5s or eight hours, MtEAOII OF BY-LAWS. Inspector Ingram v. R. Aitken.— allowing iiis chimney to catch fire, Fined 2a"aud costs. UNATTENDED VEHICLE. Sorgeaut Price charged'-Edward Jones withleaving his horse-mid cab unattended at the Kailwoy Station, Defendant pleaded guilty, but stated that hia'jiorpe' ha'd:been frightened by'.two..or throe stray goats, Fined 6a and Court costs 7b. . Constable Salmon was' complimented by the Bench for his prompt action in stopping"the runaway's career, OIVIIi CASES. Tumor v. York-Judgment summon? for for meat supplied' to defendant, a 'contractor. Mr Pownall for plaintiff, _ Defendant was ordered to pay half within twenty-eight days, and the remainder in instalments of £5 per mouth, In default fourteen day's imprisonment ' Ewington & Son v. A. Spaekman. -Claim' £5, rent of grazing paddock,' Mr Slupper for plaintiffs. Ordermade for amount, aud 27s costs. i ' Bunny v, 11. G. Kells.—Claim ' £4 fis. Judgment for amount claimed' with costs. -■ ' ; " ! Muir & Dixon v. Herbert.-01ajin ' 16s, Judgment % amount with ] costs. . i Same v. W.W7 McOardle.- 1 Claim £2 2s. Judgment for amount ' withcosis. ■• -. . ■. 1 SiniNG.l