The Charges of Perjury.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 576, 28 February 1891, Page 3

The Charges of Perjury.

Ar the Police Court yesterday morning (before Mr Booth), William Capper was Charged Upon two informations of perjury, alleged to have been committed at his trial on a charge of horse stealing, at the Supreme Court. Sergeant Carlyon prosecuted, and Mr Jones appeared for the accused. Mr Jones said there were many faults in the information, but as he considered he had a good case on the merits he would not trouble With them. Sergeant Carlyon s»id he would bring evidence to prove that the accused had sworn falsely when lie said he had received £i trona Mr Finlay. Mr Greenwood was giving formal evidence, when Mr Jones stated that the record ot W the Court or a certified copy must be put in. ' The Sergeant thought it was sufficient to prove that the record was there and could be produced. Mr Greenwood then went to get the record, which was produced. Mr Nolan, Crown Prosecutor, also gave formal evidence. He understood the Judge, in summing up, to have remarked that (he prisoner had given his evidence in a Straightforward manner, but Dick Brown’s evidence had broken down on account of the contradiction as to the writing. Then witness produced notes of the prisoner’s examination in' chief. In cross-examination prisoner said he had overtaken Brown about 5 miles up, between Pouawa and Turehau. Prisoner said £8 or £9 was coming to him, and he had settled up with Mr J. Finlay, fir near as he could give it prisoner said, “ I received £4 from Finlay; I settled up with him an the Sunday after New Year’s Day." He said he had also received £3 for a pony hfe had sold, and there was something said about breaking in ahorse.—To Mr Jones ; The Judge did say that the counsel for the prosecution had not rightly taken advantage Cf every point against the accused—he did not know the exaet words—because it was the jnty gj the Crown to see only. that, justice was done. He believed the Judge laid the man had accounted for the moneys received—possibly he may not have said so ; he was pot positive. [Sergeant Carlyon Objected to the question being put to the witness: Mr Jones said Mr Nolan said one thing and his (counsel’s) recollection gave another new. Mr Nolan said he could not be sure of what bad been said;. He did not take notes of the cross-examination; prisoner may have laid that he settled up with Mr Finlay; he ooiild only speak from bis impression and recollection were. [Mr Jones said the questions were Very important, as nearly everything hinged upon the one point.] He could give prisoner’s exact words as to the receipt of the £4 and £3 because he had an object in asking the questions - he wanted to find out how Capper got the money to buy the m*re. Whether - prisoner said before or after the settling up he did not know. —To Sergeant Carly on : The £7 was the only money prisoner accounted for, George Phelps deposed that on the 4th of January accused had come to the Hospital ; he arranged as to the time Capper was entitled to be paid for, and referred him to Mr James Finlay for a settlement of the amount. He believed then he was owing accused money, but had since found out that this was not so. He did not know whether any one bad since the 4th paid Clapper money ph witness’ behalf. He had had no other Settlement with the accused. —To Mr Jones : Finlay acted as his agent while witness was in the HospitalJw had previously given Capper lOs and 2s cash himself,—To Sergeant Carlyon : Mr Finlay had not debited him with £4 as paid to Capper on any date. The account pnt in had been given him by Mr Finlay, and was a final settlement between him and Capper.— Mr Jones : Would Capper be swearing truthfully when he said he got between £8 and £9 from him altogether 7—Witness’: Yes.—Mr Jones: Would he lie swearing the truth when he said in the Supreme Court he got that amount in lash ?-Witness * Yes, ’

jatqes Finlay, hotelkeeper, deposed that the aooount produced was a settlement with Phelps on account of Capper. The last Bum he paid was 10s. on the first of January. On the fourth accused went to the hotel and asked for a settlement, but he did not settle 6u that day, or giye him £4 on behalf of Phelps that day; Mr Martin was present fcbfd he refpsed ip epttle with tapper—he fold Capper he could give him nothing more until he had seen Mr Phelps and Mr Gibson, of the Pakarae, as to how mnch be owed (here, AouMd did not like it, thinking Cere was more money coming to him, and they had a few words ot difference, Ho sub* I'qninlly found tflat InUeSd of Phelps owing him money, the account was the other way,— To Mr Jpnes: between December ' and January 1, Capper received £B ; on the 24th Aiff 25 hhe haa £S. Mr Wilson baa receive! £3 from him on the 24th of December. On the Sunday told Capper he thought there was no money coming to him; accused asked wit. nets to 30 up to the Hospital and see Phelps about tife matter, but ho declined to go, as he could not gat away. Capper never came back to him again for the money ; Capper appeared to leave with lhe idea that they were not BOttfed up. On second consideration Capper may’havs thought there had been a settleinsnt,—Tp the Sargeant; Capper Mid be

wanted the ten shillings because he wished to go to Ormond.

Frederick Martin, larmanat Mr Finlay’s hotel, deposed that so far as he fcnjw Mr Finlay made no settlement with accused on January 4th, nor did he receive £4 in the presence of witness. The account produced was made out by him as bookkeeper, and he believed it to be correct.—To Mr Jones: He could form no impression as to what Capper thought when he left; witness left for home in the afternoon, and accused might have had a settlement while witness was away.— To the Bench : He could not tell when the bill was rendered to Phelps. {Sergeant Carlyon deposed that he heard accused when being cross examined by Mr Nolan, saying “ I settled with Mr Finlay on the Sunday after the New Year’s Day, and I i eceived £4 from him. ” He made the note in Court just afterwards—in consequence of that he made enquiries from Mr Finlay.—To Mr Jones: He made the note as soon as accused

stood down from the witness box; he then went into the jury room and wrote it down. He understood accused was not cautioned. The statement was accepted by the whole Court as correct. Witness spoke in a deliberate tone of voice; he did not attempt to explain away the sentence. When witness made the statement he said it all in one sentence. Witness was then standing at the extreme end of the hall.

Sergeant Carlyon applied for an adjournment so as to secure the attendance of Mr Whinray, who was serving as a juryman in the Supreme Court. An adjournment was then made until 10 this morning. The second information was read and a remand made, Mr Jones aho appearing in that case.