MAGISTRATES’ COURTS.

Globe, Volume IV, Issue 470, 17 December 1875, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH.

Friday, December 17. (Before G. L. Hellish, Esq, R.M.)

Drunk and Disorderly. —John Meehan was fined ss; John Corboy, 10s; Joseph Sherlock 5s and 2s cab hire. Lunacy from Drink.— Ellen Cato was remanded to Addington for eight days for medical treatment.

Perjury. —Charles McNicol was brought up, charged with this offence. The charge had arisen out of a civil case, Raphael against McNicol, tried before the Resident Magistrate on the Ist instant, in which defendant gave evidence. Dr Foster appeared for the accused. The following evidence was taken. Detective Bettiugton—l arrested the prisoner on the 15th instant. I explained the charge to him contained in the warrant produced. He said that some little time ago he borrowed some money from Mr Raphael, and that he had to pay interest for it; that on one occasion he came to an arrangement with Mr Raphael, and he gave a bill for £sl, in which he was to pay £1 per week interest. That circumstances had taken place which had prevented him clearing it off. That he kept paying money to Mr Raphael. That he never get any receipts, and that he afterwards feund he had overpaid Mr Raphael. Robert McKnight— I am a bailiff of the Resident Magistrate’s Court at Christchurch. I administer the oaths to witnesses in civil cases. I recollect a case being heard, Raphael versus McNicol, on the Ist of December, The accused was the defendant in that case. I administered the oath to the accused. The case came on for hearing again on the 15th instant. I administered the oath to accused on that occasion. Walter George Walker—l am a clerk in the Resident Magistrate’s office at Christchurch. I was present when the case of Raphael v M‘Nicol was heard on the Ist instant. The accused gave evidence on that occasion. I took down defendant’s evidence. I produce the evidence marked A. I took the evidence down at the time. [Evidence read.l The book produced marked B was handed to prisoner while he was giving his evidence. He referred to the book whilst giving his evidence. Since the hearing of the case on the 15th inst, the book has been in the custody of the officials of the Court. Frederick de Carteret Malet—l am clerk to the Bench Christchurch, I was present in the Resident Magistrate’s Court when the case Raphael v M ‘Nicol was heard on the 15th December inst. The accused was the defendant in the case. He gave evidence. I took it down and produce it. [Evidence read] Henry J. Raphael—l am clerk to Mr Slater solicitor and a son of the late Alfred Isaac Raphael. In 1874 the accused was indebted to my late father. On the 4th of January, 1875, I received £1 from the accused ; in June of 1875 I received £2 from accused ; in July, 1875, I received £1 10s from accused. The dates are 9th June, 1875, £2, and 6th July £1 10s. 1 gave the accused receipts for those moneys. I did not receive any other moneys from accused. Alexander William Bickerton —I am professor of chemistry to the Canterbury College, and local analyst to the Provincial Government. I have made an examination of certain entries in the book produced marked B. The report produced marked D bears my signature, and it embodies the result of my examination, with Dr Powell, of certain entries in the book marked B. The entries to which I refer are as follows :—l9th October, 1874, Mr A. J. Raphael, £1 ; 22nd October, 1874, Mr A. J, Raphael, £7 10s ; 31st October, 1874, Mr A. J R., £2 ; 24th December, 1874. A. J ’ aphael, £’o; 4 h January, 1875, Mr A. J. Raphael, £6 ; 11th January, 1875, Mr A. J. Raphael, £1 ; 25th January, 1875, Mr A, J. Raphael, £lO ; Ist February, 1875, Mr A. J. Raphael, £ t 10s ; 17th February, 1875, Mr A, J. R.. £1 ; 25th February, 1875, Mr A. J. Raphael. £lO ; 4th March, Mr A J R., £1 ; !6th or 17th March, Mr A. J Raphael, £2 15s; 17th or 18th March, Mr A. J. Raphael, £1 5s ; 23rd March, Mr A. J. Raphael, £10; 10th April, Mr A. J. R, £2 ; 26th April, Mr A. J. Raphael, £l2 1 0s ; 26th April, Mr A. J. Raphael, £lO ; 10th May, do, £2 ; 28th May, do, £2 ; 7th June, do, £2 ; sth July, do, £lO 10s ; 17th August, do, £4, I have made a microscopical examination of all those entries with Dr Powell. The result of our examination is contained in the report marked D. We also made a chemical examination of two entries as far as the figures wore concerned. Theresult of our examination is contained in the report marked D. Llewellyn Powell—l am doctor of medicine. I am in the habit of making micoroscopicnl examinations. In conjunction with Professor Bickerton 1 made a microscopical examination of certain entries in the book produced marked B. The result of our examinations is contained in,the repi rt marked D. | I’he reports of the chemical analyses alluded to went to show that in two instances the figures had been altered with different ink, and in several instances the initials A. J. R. had been extended, with different inks, to “A. J. Raphael.”] In reply to Dr Foster, Dr Powell would not undertake to say the length of time that had elapsed from the date the initials were written and extended. After the evidence had been given, Dr Foster held that as the amount of the demand in the civil case was over £IOO, the Court had no jurisdiction, _ and thus no perjury could have been committed. Inspector Feas’t asked that the case might be adjouinel for an hour, so as to allow of his communicating with Mr Joynt, who had conducted the first civil case. The Court adjourned 5 r an hour, and on resuming, his Worship said that he felt there was a pnma facie case to send to a jury. He would leave it to a higher Court to decide the question of jurisdiction. The accused reserved his defence, and was committed to take his tria l at the next criminal session of the Supreme Court, bail being allowed in two sureties of £SO and accused in £IOO.