CHARGE OF PERJURY.

Wairarapa Daily Times, Volume XII, Issue 397, 26 November 1891, Page 2

CHARGE OF PERJURY.

Slftftll tO ft PiOtWMVM AtlM OftM.

In the Masterton R. M. Court this morning, before Messrs W. H. Beetham, A. W. Renall, and J. Butement, J.P.'s, Eli Strawbridge, of Carterton, was charged on the information of Philip Judab Bowerman, with having committed perjury in denying, in a civil case recently heard at Carterton, his signature to a contract for the Picturesque Atlas. Messrs Skerrelt and Pownall appeared for the prosecution, and Mr Beard for the defeudant.

Mr Skerrett opened the - case at considerable length, urging that if a prima facie oase was made out the accused be committed for trial.

Robert Darby, sworn, deposed : I am Clerk to the Resident Magistrate's Court at Carterton, which is situated in the Resident Magistrate's disuict of Wairarapa. Asi tting of the Court was appointed to be held on November 17th at Carterton. A plaint was entered before me in which Messrs Bowerman Bros were plaintiffs and Eli Straw* bridge defendant, to recover -the*"iwm of £9 for books supplied. A true copy of the Simmons was served the defendant on Qoiober 30fh, for hearing on November 17th. At the sitting held on November 17th Colonel Roberts presided. The plaint' referred to was called on before %lonel Roberts on the day named. Both parties appeared and were represented by counsel. At the conclusion of the plaintiff's case Eli Strawbridge was called on his own behalf, ladrainistered the usual oath to him. The contract form was produced, and the attention of the defendant was called to the' signature "Eli Strawbridge" appear, ing upon the contract. He was asked if he signed that contraot, and he expressed himself doubtful about it. J. took notes of the evidence There were several documents produced, the contract amongst others. When the contract was exhibited open to him he said he was positive that he had not sighed it, and said the signature was not his. The signature to the contract was produced to the defendant with the printing conceal ad. He was then asked to express an opinion as to was his, and he said he was not sure. Whet) produced openly he admitted the signature to be his. The defendant said he . signed one of tbe documents at the sheep pen. He also said when can* vassed he only signed one document and that was the patron's.list. The receipt was produced to him, and he admitted it to be his signature. By Mr Beard; On the hearing of the pl»int the plaintiffs were nonsuited. They had previously been nonsuited in the same Court, and on the same matter. In the first case Mr Rundle, Mr Mclntyrn and Mr Boatman gave evidence, On the secand occasion the evide c of Metcalf, taken' in Christcburch, was added, togeiAeJfl| with the expert evidence of Mr BpPI diogton, a bank accountant, I heard the defendant's evidence with reference to the representations made bj Metcalf. Mr Beard here requested permission to put in the notes taken by Colonel Roberts to guide the Bench. Mr Skerrett objeoted to such*a course being taken. The Bench reserved decision on the point. Thomas Henry Metcalf, sworn! deposed: I have been residing in Duuediri until qujte recently. J was employed at one time as canvasser for the work known as the Picturesque Atlas of Australasia. | saw ftfr Strawbridge, the defendant, in 11th March, 1800, at his own house.' I knooked at the front door, and a lady came and opened it. I aakod if Mr"' Strawbridge resided there and she told me he did. I requested to see him. In consequence of what I was told I went out the back towards some stacks. 1 met a person and asked him if he was Mr Strawbridge. He replied that he was, 1 said I wanted to sec him on a matter of business aud we went into tbe house. After we had satdownjin one of the rodnts, which was' plainly furnished, I think at tho front part of the house; I introduced my business to him and told him what I was dding. f described the worjc to him, opened up some samples, i»nd asked him to beeonin a subscriber. After crjujjlerable discussion he decided to I ©JO, uo a subscriber and gave me his name. Ha signed tbe ordinary form of contrast a nd also the patron's list, Iha

signature on the contract was written by a parson who represented himself as Eli Strawbridge in my presence in bis house. I swear this positively. He also wrote the words " Carterton, 11th March, 1890," and "farmer" the same time in my presence. The name "Eli Str»wbridge, Stockland," was writteri by the same person on the patron's list in my presence at the same time. The word "farmer" on the patron's list was written by mo. The figures " 1092 " on the corner of the contract are mine, also the words " Eli Strawbridge, StockJand, Carterton, N!Z." on the margin. I will not swear that the man who signed the contract is in Court, but to the bes - of my belief the defendant is the gentleman. I swear absolutely and positively that the same person who signed the pitron's list as Eli Strawbridge signed the contract. About that there is the slightest doubt. I only saw en* man of the name of Strawbridge I returned contracts to the head offic ► once a weebt and this contract rutis hare left my possession within tei days at the Tery latest of the time i was signed. I identify the contrac by. the initials and the writing. Straw bridge sigued the contract in his bou.< to the best of my belief with his ow pen. By Mr Beard : I havo been cor tinuonsly in,-the employ ot Measi Bowerman for four years. I hare bee in receipt of payment from them durin the whole of that time. Some tim ago proceedings were taken against m for perjury. An information was lai •gainst me, and I was committed fp trial. This charge arose on busines connected with the Picturesque Atlas There was an information brougb against me on a previous case but i was dismissed. I was never before charged with a criminal offence. In he case in which I was sent for trial ' was found " not guilty." 1 kept no memorandum of the date I interviewed .. Strawbridge, and the date was not always filled in when the contract was kept. I have in my memorandum book, which is at Christchurch, an ■, entry of all the orders I took. I did not consider it necessary to bring this book. I entered in it the names and

addresses of subscribers, but it has never been shown to subscribers. At the time I took Strawbridge's order I was getting no fixed salary. The commission was fixed on the "sliding scale " from fifteen per cent down to nothing. The commission was regulated by the cost of delivering the work Hgmt itwas not to exceed 15 per cant I do net remember hew many o: dere I took on the 15th March, I think I took two or three. I believe Mrs Cadwallader was one of them. In swearing as to the date, I am speaking from reference to the contract. I have no other dates to go by. I know it was in March. The man I accosted at the rear of Strawbridge's house told me he was Mr Strawbridge. He was apparently coming from the paddock to the house when I met him. The house is back from the road, o an elevated plateau, and a wooden building. I cannot describe the ou n buildings, and I cannot remembtseeing any yards. Strawbridge we not in a yard when I saw him. Be was a middle aged roan, about fifty, a little grey. I should fancy he would be about sft Bin or sft lOin. My impression was that he was neither fair or dark. I think he had whiskers and a beard. To the best of my belief

thehonse was three or four miles from

Carterton. I do not think I told * Strawbridge my badness until 1 went into the house. I think we went in the back door. I do not remembej whether there was a passage in the house. All I can remember is that -■there were a table and some chairs in the room. The table was an ordinary square one, having, to the best of my recollect'on, an oilcloth covering. I only remember there being two chairs. I think it was Mr Strawbridge's pen and ink which was used. I carried toth pen and ink, bnt I did not always Try and get .subscribers to use it. Strawbridge did not, to my recollection, leave the room from the time he entered till I left. After I entered the room I went into the usual canvas for the work saying it would embrace all the colonies, and would be a verj.jvalnable work. T prevailed upon him to become a subscriber with the usual arguments. Told him it Would be a pleasant and nseful work to bave in the house. I told him it would be five shillings a number and would be delivered periodically. 1 will not swear that.l did not say it would be delivered monthly, but have no recollection of it. I told him that he could take as many parts as he liked on the first delivery. I don't remember telling the number of parts in which the work would come. I do not remember reading the contract to him. Ido not think that I did. Do not remember reading the heading of patron's lift or explaining what it was. 1 presume I explained it to him, but ldo not remember. I told him that the paper produced was the order. The reason I do not remember about the patron's list is because it did not matter whether it was signed or not, Ido not remember saying anything but " This is the order." I will not positively swear that Stiawbridgeused his own pen. In my evidence given in Chrislcbiirch «to the best of my belief ' should have been put in beforo the words • he psed bis own pen and ink.' I recollect more to-day because my memory has been refreshed by you. I was not asked in Cfaristchurch what

took • place when I took the order, Stravrbridge signed both patron's list otger with the same pen. fie was Bitting down with the paper placed on tbe table, and there was nothing to prevent him writing in his ordinary handwriting. The word "Eli" is written smaller in one of the documents. I cannot distinguish any '.-0, difference except that the "E" is rather above the line and is large r. Mr Strawbridge's and my own manner of forming the letter "E" is very different. The word "fanner" on the patron's list was written bv me. Be'-examined by JVJ r Skerrett the witness stated' that the two cases of perjury which had been brought against him had not been sustained, JJ.M. decisions and appeals both resulting }n his favour. He defied any man to say anything against him, and did not forge Eli Strawbridge's name. At this stage the Court adjourned until 2 p.m.