RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 687, 21 July 1870, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, July 19. (Before E, C. Keid, Esq., J P., and S. Thorpe, Esq., J. P.) PERJURY. John White appeared charged with the above offence. The prisoner pleaded not guilty, and was defended by Mr Pitt Joseph Giles, Resident Magistrate and Warden, sworn, stated that he remembered the sth instant, on which day he heard a case for debt, John Harris being plaintiff and the prisoner defendant. The summons was a shortservice summons, granted upon probable cause being shown that the defendant was about to leave the jurisdiction of the Court. Judgment was given for a portion of the amount claimed by Harris and costs. At the hearing, also, the Court proceeded to enquire into the circumstances and means of the defendant, in order to ascertain if the case was a proper one for the Court to commit in default of immediate payment. The defendant was examined by the plaintiff and the Court; his principle answers being :

That he had not sold out his interest in his claim situtate at Fairdown ; that received no money for it. Being pressed by the plaintiff he replied that he had not received any money for his claim or for a claim, with the exception of £5, received the day previous for a water-race. In answer to the Court, he replied that £5 was the only payment he had received for the last 14 months. After giving these answers he was specially cautioned by witness prior to putting a question. He was told that his answers were being taken down in writing, and that if he was speaking the truth he had nothing to fear, but if otherwise he ran the risk of being proj secuted for perjury. He was then asked whether he had had any negotiations or dealings with any persons for the tale of any share or claim belonging to him except the water-race mentioned. He replied that he had not, that he had enquired some five or six weeks ago if he conld find a purchaser, but nothing came of it, and, with that exception, he bad had no dealing of any kind whatever with respect to the sale of any share belonging to him. Cross-examined by Mr Pitt; The amount sued for was some £4 or £5, and judgment was given for £2 2s. By the Bench : The notes just read by me were taken by me at the time. By the prosecutor : Before defendant gave his evidence he was duly sworn in the witness box.

John Rome, sworn, said that his partner, M'lntyre and himself purchased a claim, situated at the Fairdown, from the accused, on July 2nd, for £4O, also a water-race for £5 ; paying a deposit of £l. On July 4th the purchase was completed by payment to the accused of £44, in Lavett's store in the presence of Lavett. The sale note produced was signed by the accused in witness's presence and Lavett witnessed the signature. By the Bench : The water-race ard claim are situated in different places. Walter Lavett corroborated the evidence of the previous witness. William Aventon Kiely, Sergeant of police, sworn, stated that he reinemhercd the sth inst., and was present at the hearing of a case on that day in which Harris was the plaintiff and accused was the defendant. The defendant prior to giving evidence, was duly sworn by witness. In reply to the Court, accused stated that £5 was the only money he had received for the past fourteen months, and that was for a water-race. His claim, he said, was situated at the Fairdown, and was known as White and partv's, and that he had not sold a share in that claim to any party, He replied to another question that he was not leaving Westport by the steamer on that date. After being cautioned by the Court, the question was put to him, whether he had sold or entered into any negotiation for the sale of any share in any claim recently. He replied not. About five weeks ago he had wanted to get a buyer as he was bad and wanted to get round to the Nelson Hospital. The document produced, with reference to the sale of the share, witness had received from Walter M'lntyre. The prisoner having been duly cautioned, reserved his defence, and the Bench committed him for trial at the ensuing session of the Supreme Court, holden at Nelson. Bail was allowed, the prisoner to enter into his own recognizance of £IOO aud to find two sureties of £SO each.