R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3160, 22 March 1889, Page 2

R.M. COURT.

MASTEBTON—FBIDAY,

(Before Mr H. S. Wardell, R.M.) LAROENI AS A BAIUEE, Oswald S. Brodie v Josoph Lyons. Mr Pownall for plaintiff, and Mr Beard for defendant. .

Plaintiff deposed he was a sheepfarmer residing at To .Ore Ore. He had in his possession at a certain date two cheques, one drawn by Mr Hodgins for £2O, and one'by. Mr McKenzie for £l7 BsV He gave the cheque,drawn by Hodgins for £2O to defendant to hold. He had some conversation with Lyons on Friday, 15th Murch, and told him he was going away, Lyons said" if you are found with money c valuables on you, you will get into trouble." Witness Baid he was not. going., to clear out. Ultimately witness gave him the cheque in question for Js2o to hold for him. The same day he wished to get it back and asked Lyons for it. Later in the day he applied to Lyons for it and he refused to give it, and Lyons said I mil make it hot for you and swear you set your stacks on fire. Witness'then went to his solicitor.- Witness gave Lyons altogether a £2O cheque from Hodgins, one for 1,17 8s from McKenzie and notes for £2O. Witness applied to get the money back, but Lyons refused to give it up, Mr Pownall said he was only dealing with the one cheque, as that was all so far that had been traced.

Witness on the 16th inst got a letter from Lyons in "answer to his demand' in which he said "if you do not pay me the amount of £2B you owe me, or acknowledge tho same, I will stop your wife from going Home, and put the matter in the hands of my solicitor."

Cross-examiued by Mr Board: On tbe 14th inst. there had been a Bale of sheep by Mr Wood. They were his property but mortgaged to the Bank of Australasia, He understood he had the managers consent to sell. The Bale realised£Bl and lie gave £2l to the manager of tbe Bank. Sixteen hundred sheep were mortgaged to the Bank. He had not been pressed for the proceeds of the sale. Ho was asked for it, and he gave up £2l, and did not give any account of the balance. He gave the balance £57 odd to Lyons, Ho had laid the information for £2O only, aotmg' on his solicitor's advice. He handed the money to Lyons to keep for him because he was ( threatened-.by a creditor who threatened to have him arrested. Mr . Boss was the creditor who . pressed him. He told the Mr Ross ho had no money on him when he pressed him. He might have told Mr Boss he owed accused money. Did not think lie told Mr Boss- he owed accused £6O, would not swear he did not. In the course of other excuses he (witness) said, " Mi's Brodie is going away and I had to Bend her some money." Mr Hoss said " then we can get the money from her," thon Lyons said to Mr Boss, "It was I sent the' money to Mrs Brodie." To the best of his ability to remember lie did not tell Boss that Lyons had advanced £6O to his wife, It was not true that he did so. He told Boss an untruth as the lesser of two wrongs. Ho owed Mr Boss about £7O. He only owed Lyons £2, would swear that. Did not remember having sworn a day or two previously that he owed more than the amount of money due to Mrs Corbett, If he did it was a mistake, He went immediately afterwards and told the parties that he had been mistaken. Accused- advanced money to Mrs Brodio. He advanced her £BO, so she told witness, and about £BO afterwards. It was not advanced at the request of witness but it was against his instructions. Ho did at one time agree to it but owing to some words he told Mr Brodie not to take it. His wife told him on Wednesday 20th that Lyons had advanced her £6O, He also heard from Lyons on the 15th, that he had advanced i6O to Mrs Brodie, He waß satisfied that Lyons, had advanced the money but it was without his consent. Mrs Brodie loft witness' house without his consent to go to Welliugton on the 18th. On the l'sth he saw a telegram from Mrs Brodie to Lyons, stating " £6O received, letter to follow." After he had handed tho money over to Lyons he applied to Lyons to lend him some money. 'He cjid it to bluff tho creditor (Boss) who, was present to make it appear lie had none on him. He asked , that a couple of times. Eoss, ho believed, was within hearing on both occasions, Lyons said " No, you can settle it without that. .It

was very foolish to pay him." He said ho could get out of it without that, On the second occasion, Lyons said no, he wouldn't. Lyons said lie certainly was not going to giye him the money, as he owed him £6O! Witness said" I don't owe yon £6O. If you like to advance money to MrsBrodie it's your own look out." Did not remember Lyons telling him tho £57 was paid him on account of the i money : advanced by him, . Witness i did not lay the; information for four days after he knew acoused was not going to return the money to him, because lie wanted to get, the money peaceably. Had since spoken to Mr Ross, but did not say he had taken these - proceedings to prevent the Bank taking, action against bim (informant). Stated since to Boss that lie would withdraw .the present proceedings against Lyons .if tho lattor would pay all expenses already incurred, lie withdrew his sanction to being held responsible for money advanced by pyons to his wife on the lStli." 'Accused 'never told him he had : money .belonging to 6'ther people to invest. Gave acoused £2O at Ross' which came ouf of the proceeds of sale of sheep.' This money: for the sheep was paid.to Witness';" By. Mr E; H. \Yood:Who:gaye'a cheque for £81; Ho alsbrecoived'another'fipO." Bo.tli

cashed by; Messrs Wood<and Hod-; ; gins. To Mr Pownall: His wife leftbome ■ v without his consent, and. also tooki. . tho money from Lyons without b™' approval. .Hadheard . eiriqe his.wife'jhit Lyons had advanced . MO, i£Bo prior to ber going to Wellington, and. the other £BO subse-; quently. Besides the £2 .witness '• owed accused, there was' -another.' - little current liability. "Mr Caselberg. had always paid accused his wages . on orders issued-bywitness. Prior to laying the present information, he did say be owed Lyons £SO, but this was not true. He made this statement merely whom he was indebted.'. (His ship here reraarSed if. 1 chose to tell lies he. must not be surprised at the consequences, as falsehoods were like snakes, . sure to ; turn round). Did not ask the Bank's I permission to sell the sheep, as they would be aware of .the transaction through his paying the proceeds the sale into their funds. 'lo Mr Beard; I admit that I say in your office that Lyons had advanced £6O to enable my wife to leave for England. This statement I was bounced into making, and also stated that any money Lyons paid on my own account would be repaid. He denied he said that ho had paid' . any money on account of the advance. Did not remember stating he would have to pay any of the money out of. the proceeds of the sale of sheep. He intended' leaving the district and gave Lyons power of attornoy. In reply to Mr Pownall, witness was sure, when he gave the power of ■ attorney, all his creditors were aware ' - he was leaving the colony. Ido not intend to leave the colony now, as I Have not sufficient money, to; get away with, - Itwas Ljons who told me I was going to be arrested, and both he and Boss shepherded me. jjk ■To His Worship: There may • , other moneys I-owe Lyons besides • the £2. , . :

Hero the witness .was so confusing in bis evidence trying to explain' how matters stood between himself and „• accused that it was impossible to follow him, W •At this stage Mr Pownall, on ' behalf of Brodie, asked for a remand to enablo him to produce evidence with reference to matters connected with the cheque drawn l}y Mr Hodgins. His Worship failed to.see that any good would result by granting a remand. The case was one which be could not send for trial, as tho evidence from beginning to end was absolutely untrustworthy. As. the-, prosecutor - admitted,- "under the pressure of bis creditors, he had told , deliberate falsehoods to put.them off. After such &n admission as this he could not accept the, prosecutor's evidence and put the country to "the expense of sending the oase for trial. After heaving the a ■ evidence adduced by Lyons in. thaw oase recently brought against liirn by Mrs Corbett, and then the evidence of the prosecutor in this case, be looked upon the'jtwo men as deliberate and wilful perjurers. Ooou'pyiug his | present position, he (His Worship) knew he had to be very careful, but that was his impression. If Brodie ! had acted as an honest man would - . hare done, and merely stated what '/ \ he thought' was true, instead of ! shielding himself so much under his •')* solicitor, it would have been much bettor for him. As it was, he could not believe a word, and would dismiss the ohargo. The Court then rofi'e.''