DISTRICT COURT.

Wairarapa Daily Times, Volume XIII, Issue 4231, 30 September 1892, Page 2

DISTRICT COURT.

THE SUNDER CM. THURSDAY.

Clabkv. Naylor,

On the Court resuming His Honor said he had considered the grounds upon which the nonsuit was sought and he did not thick it would be right to withdraw the proceedings from the jury at the present stage. Mr Tosswill addresaed the jury, and then called evidence for tbo defence.

Pierce Lundon, blacksmith, in the employ of defendant and also in his employ in December Inst, said, 1 was one of those who suffered from the poisoning at Mr Naylor's house, I know Matilda Culmernnd recollect a conversation with her in January. She told me that her mother had told her that she (the mother) had heard that Clark had done.the poisoning. By Mr Beard: It was after the 22nd of January. We were alone together in the street. I am not related to Mr Naylor, I never heard anybody say or suggest that Clark had done the • poisoning except Miss Onlmer. Often heard people say that they wondered if Clark had done it, I never heard the Naylor family say that Clark did it. Often heard them say—from Mr Naylor down-that they had heard Clark's name mixed up with it, and they wondered if what they heard was true. Ido not remember hearing Mr Naylor say he wondered if Clark did it.

Edward Naylor, difendant in present caso was next called and eaid: I remember tho poisoning at my house, I think twenty-six people were affected by the poison-all of us except two of my children. I heard Jessops evidence yesterday. I never mode the statement he attributes to me. 1 told him that Clark was the man who had poisoned my family or connived at it. I deny Jessop's statements. I never have not been on speaking terms with Groves for two years. He has kept carefully out ol my way because he owes me twelve and sixpence, Never in my life, to Groves or anybody else, have 1 made the statements about Clark which he says I did. The statement Groves made this morning is false. We are not friends. I did not say the words to Mr Naylor which Matilda Culmer says I used. When I met Archibald Stewart he remarked to me "By G- old man you'll drop in for it." I said why. He replied" you have been accusing Clark of poisoning Dickson." I denied it and said "Yon secret' society men would " wrap" a man up whatever he did." I did not say to Benzie that" if it had not beoti for Dickson it never would have had happened." I deny all the statements made in statement of claim. I have not done much work since.

By Mr Beard: I do not know whether the poison has affected rue mentally. I never was very sharp, I was eleven days in bod. I was puzzleda good deal as to how the poisoning happened.' Mr Dickson told mo that Clark had a difference with him. I also saw it in the paper, Mr Clark himself had spoken to me and said they were not altogether friendly, Took a good deal of trouble lo find out how tho poison got in the food, I have heard Clark's name mentioned in connection with the poisoning, but in no way have I ever suggested or hinted that Clark was mixed up in it. T say distinctly that the five'witnesses came down to perjure themselves. Ido not mean Mr Stewart, He is a respectable- man, and so is Mr Benzie. I nttver heard them tell any lies about it so far as I know, No reason to think that either of them would tell lies, My wife ans myself talked about many thingwhioh we did not want to tell to any body else, Ido not carry an almanac in my bead, and oannot Bay that I have never mentioned Clark's name. I never gave Mr Haggen the information which appeared in the Examiner. I remember speaking to Jessop on the Bth of Juno, Joßsop said," Well, old man, you are in for it; Clark wants me to go as a witness against you," I said, "If you know anything go and tell i«," Jessop replied, "I would sooner have my right arm out off. His diabolical head would convict him." I spoke to Groves the day before the case. He said he was pretty well hard up, 801 offered to give him a bed, I did not make the offer he alleges, I would give anybody a bed who was hard up. When I was talking to Stewart and said, secret societies were ready to wrap things up, I was referring to a man in Woodville, I did not refer to anything further, Statements such as had been made would do a man a great deal of harm, Remember the inquest, but do not know that I could repeat any of the evidence I then gave; I have said nothing about Clark, Mrs Clark has been in my house since the poisoning.

By Mr Tosswill; The reason I remembor that my conservation with Jessop took place on the Bth June is that it was licensing day. When I asked Jessop what he knew about the case he said he knew nothing, Mary Jane Naylor, wife of the defendant, said I know Matilda Culmer. My husband never said to me "Clark must have done the poisoning," On one occasion Matilda Culntor told me that she had been up the town, and her mother had told her that Clark had done the poisoning. I hoard a conversation between Mr Naylor and Mr Stewart. Mr Stewart said "You'll get in for this, old man," Mr Naylor never mentioned Clark's name at all, He did not toentipu the Masons either.

By Mr Beard; Mr Naylor said "that come socvet sooieties would wrap a man up, whatever be did." I am quite positive be did not mention (be Masons, The conversation took place outside tbo shop. I stood against them, I did not takp notice of the month or day. It waß four or five months after the poisoning. I cannot say who started the conversation. Mr gtewart said you Jiave been aocusing the Masons of doing tbe poisoning. .Stewart mentioned Clark's name but Naylor did not, To my knowledge Mr Naylor never ieferred to Clark as the poisoner. Tilly Culmer was the first person to bring the story about Clark into my house. The matter was pretty common talk in Pahiatua and everywhere else. Thomas Teesdale, settler, remombereif licensing day, and repolleoted a conversation between Jeaeopari(JNaylor, at which he was present. Jessop said " I see old man they are going for you." Naylor said "I can't help that." Jessop then said that Clark was trying to fish something out of him, as he wanted him as a witness to go a'gajn'st gfty|pr; Naylor said " If you know anything you better go and tel}him," Jeps'op said-'! Well, I know nothing about it at'all," Beard: I was subpoenaed yesterday morning, A wire came to Pahiatua asking tne to come down, Ivaet Wednesday I had a conversation

with Mr Naylor. I did not see'Mr Naylor make a note at the time or yet on tile Bth June. Jessop, Naylor arid myself ivere the only ones present, Jessop also said that he would l not appear for Clark even if he knew anything. Am not aware that I overheard Clark's name mentioned in connection with the murder. All I know is what I have Been in the papers. The matter was not to my knowledge common talk in Pabiatua. This closed the case for the defence, M* Tosswill at once addressing the jvfll Mr Beard replied and His Honor summed up, the jury retiring at five minutes to six.

After twenty minutes retirement, a verdict for the plaintiff with damages £5. was returned. Costs amounting to L2014s were, allowed.