ALLEGED PERJURY.

Wairarapa Daily Times, Volume XVI, Issue 5091, 31 July 1895, Page 3

ALLEGED PERJURY.

CKOWN v. NESTOR, At the S.M. Court, Mastcrton, yesterday afternoon, before Mr T, Hutchison, S.M., Constable Nestor, of Eketahuna, was charged with perjury, in making affidavit of personal service of a summons issued against W. W. Bodmin, storekeeper, ot'Tutaekara, the same not having been served personally on Mr Bodmin, who was absent from Eketahuna at the date of service.

Mr W. G. Beard appeared for the Crown, and Mr Bunny for accused, Inspector Thompson watching the proceedings on behalf of the Police Department. In opening the case, Mr Beard said the informations were laid under Section 152 of the Criminal Code Act, Although having a business at, Tutuekara, Bodmin was living at the Hull, and it was during his absence that the accused served the summons on Mr ,1. P, Clark, who was in charge of the store, afterwards making the affidavit of personal service, 110 understood from the statement ot accused, the defence would be that the mistake was made in ignorance, but he would point out that Nestor was an old officer, and had held the position of bailiff for a considerable l time, and would reasonably be expected to know his duties. Consequently, although this pica might be taken in mitigation by a jury, he thought there was no other course left His Worship than to commit the accused for trial.

W, I'. Jnnics, Clerk to the Magistrate's Court, Wellington, produced the plaint book with the entry of an action G, W, Dutton v. W. W. Bodmin, and also produced the plaint summons and particulars dated March 25th, 1S!I5. Witness stated that the summons was forwarded to Ekotaliuna, ami returned on the 2!) th March, marked " not served," and was forwarded again to Eketahuna for service, and returned on the 27th April with an affidavit of service, Witness also produced plaint-book with an entry Hayman it Co. v. Catherine Ilodge. Mr Bunny objected to this evidence.

Mr Beard said it was a parallel case, in which personal service was not made, but the accused' had altered the affidavit in his own handwriting, showing that the case was not a mistake, and the accused was not in ignorance. Witness, continuing, said that in the case Dutton v. Bodmin judgment was given by default. By Mr Bunny : Mr Bodmin had complained of not receiving the summons, but had not—as far as witness knew—applied for a rehearing, nor had he disputed the debt. Henry Aulin, of Eketahuna, a Justice of the Peace for the Colony of New Zealand, said he knew Constable Nestor. In April last accused came to witness, and producing a paper asked for witness' signature. After asking Nestor if lie knew the contents of the paper to be correct, "so help you, God," Nestor said

"Yes, I know the contents of the paper to be correct." Nestor kissed the Bible, and witness signed the paper. Was not sure whether the paper was signed at his place, or at Constable Nestor's ollice. The signature on the document produced was bis, and the other was the signature of Constable Nestor, who made the affidavit.

Jsy Mr Bunny; 1 did not know the contents of the document. 1 simply know that the aflidavit was made in my presence. 1 have taken a good many affidavits from Constable Nestor, I always see that in every case the Bible is used in taking an affidavit.

By Mr Beard: Always used the same form of words in taking an oath.

By the Bench: 1 always say "You know the contents of this paper to be correct. So help me God."

J. P. Clark, residing atTutaekara, stated that in April last, he was in charge of Mr W, W. Bodmin's store at Tutaekara. Nestor came to witness and said he had a summons for Mr Bodmin and asked if he was about. Witness informed the Constable that Mr Bodmin was at the Hull. Witness believed he suggested that he should take the summons and send it to Mr Bodmin. Nestor said "You'll be sure and send.it." Witness said "Yes, he had some other papers to forward to Mr Bodmin, and would send it," Nestor than handed the summons to witness. The summons produced lie believed to be the one. lie did not send it to Mr Bodmin. Found it someweeksafterwardsandforwarded it to the Clerk of the Magistrate's Court, Wellington, with the endorsement on it. «

By Mr Bunny : Nestor had been enquiring for Bodmin on several previous occasions. When enquiries had been made witness said Mr Bodmin might be back in a day or two.

By the Bench: Was not attorney for Mr Bodmin. Had 110 power to receive summonses,

Mr Bunny here argued at length for permission to ask witness questions to show that previous transactions with Clark and Bodmin's son were sufficient to cause an impression ou Nestor's mind that Clark was empowered to act on ' Bodmin's behalf. The Courtruled against this conrse.

Witness continuing, said he might have said, " Why does not Mr Bodmin pay the debt if he knows it is owing," Knew Mr Bodmin did owe the debt. Wrote to Mr Bodmin and was under the the impression he. had forwarded the summons, but overlooked it. Ejid not say to Nestor that ho would see the matter was settled. *

At this stago tlio case was adjourned until noon on Friday, owing to two witnesses not being present.

A second information of tho same nature was then taken. Mr Beard for the prosecution, called P. 11. Ibbetson, Clerk of Court, who produced the plaint hook and papers in the case G, Heron v W, W. Bodmin, The papers were forwarded to Eketahuna 01125 th March, 1895, and returned ou April 10th

" not served," Tlio papers wore again forwarded on April 10th and returned, as served, on April 19th, by the Clerk of tho Court at Eketahumi, who is defendant in the present case. Accused was also c'onstablo and bailiff. Tho summons was returned with theaQidavit produced. A confession of judgment was forwarded by Bodmin himself, Henry Aulingavosimilarevidence as in the previous case, regarding the swearing of the affidavit. Some argument here occurred between counsel as to whether witness said " Sso help you, etc.," "So help m," or" So help my," witness finally slating tlmt ho used tho words " So help you God," in taking affidavits.

By Mr Bunny: Always saw that the book was held in the right hand, I and that the person swearing kissed it. He used the words before this act. At this stage tho case was adjourned until noon on Friday next.