RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume V, Issue 38, 12 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Thurspat, 12th April, 1878* ! (.Bofcro. Edward Shaw,, Esq., Jfc.M.) I'.KK,XUnY. TJhomns Gorrard, appcnrod.upnn the, . information of constable Willihms, ohargod \ with, committing- oormpt perjury. „ it ", Mr Pitt nppoarod to prosoou. o iupoft ( ' behalf of the Grov.n,,nnd.M)r Bjeid defend , ,od tho. prisoner. ' " H Mr Pitt having opened tho. caso, tlio foi* lowing ovidonco, was onllod :— Henry Luoas— l am Clork t6' i|o Bonoh, Rcofton, I produco tho. origjfyi) summons and plaint in tho case of 13. Jones v. Q-orard*, in tho Resident 'MagtV trate's Court. Tho dofcadant in _i*fc proCP<sding is tho prisonor. Tho oaso ..Wns .beard in tho Magistrate's Court -otfMio. •hH_H.I-.Vi OiTOW'M/ V'A Edward* Ta^r -KAfy-^'W AanUikt i ■BfiiHfS'oftholßc'itdopt Mngistralo's Ooutt, Reeftdtt,' Ht(d ; waf. Resent on tho f> th ApHl during tqehoaring of tho oaso of Jones V. ; Gerard.* dieting as ofllcor of tho Oourt t 1 adminUl_ii>d> tlid onth to the dofondanfin tho usuVl'w, .nor, and he kissed thol^pfr. JWJr Sliawj'EviM. waa presiding. I heard fh!o. evidence givon by defendant now prosent. _ remember Gornrd distinctly staling thnt ho had no ver. seen the. plaintiff .Tones { tliftfc he did not know tho man, lljo repented: twioo, that ho did' not know Jones. Ho further aoid that ho had ao v . r been in Jones' shop, and also that ho had novor giv^' Jonea ordota to ropair bur* 'ntiss. Ho afterwards stntod that ho had f een Jones about a pnok-saddlo and holly bniid. ■Gerard, distinctly slntod, that, h.o

had not givon any orders for tho work sued for. Cross-examined — T undorstood from Gerard's ovidoneo that ho did not know .Tones, By tho Bonoh-s-I undorstood tho dofon* dant to moan that ho had novor previously soon Jones. Evan ipVedorio .: Jonos— l am a saddlor residing in Kooftop. I knqw William Gerard now present, I wns plaintiff in tho Rosidont Magistrate's Court in a case i against Gerard, whioh was honrd on tho Uth April. I wns examined upon oni.h as I a witness. I honrd tho ovidonco givon by him. My aotion was to recover £2 5s to work and labor dono. by mo in repairing gig hnrnoss. Dcfondant stated distinctly upon oath thut ho did not know mo—that ho hnd nevot*. given nny orders to mo for tho repair of the hnrnoss, and that ho had novor been in my shop, Ho stated on oai h, thnt ho had novor given mo orders, either personally ar otherwise, for the work oharged fa", Ho subsequently ad- i milted on onth being in my shopj about a Tho evidonooTvf6ri_^l^pp_l riti_Jcrinl to tho c#B» being tried lis lie repudiated my claim apd denied tho liability altogether, Tho harness in question, wnti brought to my shop in tho first wock in March by Robert Thompson. 1 gnvo Thompson a message to Gerard, and either tho next dny or the I day after Gerard oame to my shop. Up to this timo I had not . commenced to ropni,r the harness. Gerard looked over the Ipirness ip my pronen.ee,, and- told mo to repair tho parts ho snid ho liud broken, nnd to roplnco what ho snid ho hud lost. JIo told mo ho had had a onpiii-jo into Iho i rivor, I ofl_ctod th,o repuirs as dirootod, and tho. hnrnoss is now in my "hop. } kepp books. I produuo my book showing the entry to Gerard of the work dono. I rendered my bill about a week after Iho work was dono. I delivered tho. bill personally, at defend .»•'« renidonco, about a milo down the river. Ho lookod nt tho bill for several in.imjto.-i i^d said it was vpry rensonnbfo\ and that hp wonld pall and pny mo next morning. Somo duys lap/tod, atul I met dofopdnnt in the street near Ibo Bln,ok'H Point rond, a^d I told him ho had forgotten to call nnd pay fpr that harness. To my surprise lio seid that ho didinotmonn to pny me. I subsequently issuod a summons, against him. The evidenco givon by defendant on tho 9. h ii a'nnt was false, and of course mu.'t have been false to hia knowledge. Cross-examined by Mr Reid.— -It was on a Wedpiosdny ovenin,' that I rendered my bill to. dofondn,n,t, % There wns n boy prisi'tttafi the time.. Ho saw! hp. would give mo a, ch< qn,e for tho ntpoiiut on the following dny, 1 can't *ny whether ho bus a bunk account. Pefendawt's ootiduot ; surpvl.-,edt foo :.<*£' wwf-^BjS en n»m hoY ' i whethor a man in his senscawouhl not in i such a. way. Robert. Thompson.— l'n M'nro.i ln.st T wits in Gftpiifd's employ, and. by his diiicc-. itlon I/**spnfc to Ftnlnvs nnd took tlic-Wmis* ip Johes 1 the snddlor to, bo .'putted. Jones Jnll ipp to. tell GiM-ard' fo cnni'* Jemself. I told Gerard thnt Jones wai.to.l . m see, him, md Gorard said, he would go Amd poo him. | Thomas Plaseott — I waa examined- as a •|'i toess iin, tho onso of Jiones v. Gornrd on the ftth., Tho harness which formed' the fubjj'ot of tl at action belonged to me. }lo hadi kired it from nic, nnd ho told mo ; ttiat ho. ha/1 mot wit i nn necidepf, and fid ho had to cut tho, hnrnoss all to ooes 10, got the mnro out snfo. I snid wou,ld want tho hnrness, nnd ho promised to, get it, repaired. I wna at him several times, nnd nt hmt ho sont it up to Coekbpwi's place. I told him thnt n ■no** snddlor had come, and thnt ns Cock' ] bufn was not going to do jt ].«. had bef ter [setidilho hnrnoss to Mr Jones. I sub. ,q,uplly took tho lvirneas from Cookbnrn's land toft it nt Finlay's. I know tho bar!nejs was repaired, I saw it at Jo no's. \n eonscqponcoof whut Jonoa told mo I sa,w Gerard nnd the lattor told mo ho hnd tnken, tho harnoas to. .Jonos to got it re pnjrodi, Gerard said if I would, piv for cortnin now werk it would mnko, n better j*)!| of tho harness. Ingreod to. this and ,aft|erwardß paid £1 17s Od as mv portion. il aubscq;i/)ptly asked Gorard if' ho was 'going to. pay Jones., his portion, ns I wanted my hnrness, and ho said ho would haw paid Jones, but tho latter had t.nm< monod hint, a'ndiho (Gornrd), would fee it through. I told him as tho amount was only £2*03 ho ought to, pay it, nnd' bo done with it, and ho said ho would nol, and a . Jones would not wait a dny or two ho would sco it through, CrohS-cxaminod-— T told Girnrd's bny to got Gornrd to tako tho harness up. When I loft fho hnrness nt Finlay's I* told Finlny Gorard would oomo and tako it away. I* am confident thnt Gorard Bnid ho would have pnid Jones if ho hnd not beon in suoh n hurry, and ho. snid ho would now soo it; through. ,Ho snid' lib. could not pny until ho collected tho monoy. I senrcoly think that prisonor is right in his mind. I havo. known him, for four years, nnd know him at Noble's before that. Ifo wns worlit ing at Mncklny's thero. Thero wns a general report about tho stato of his mind I honrd that ho was at ono timo away in ' tho bush for four or five dnys. This closed tho case for- tho prosocution. Tho ovidenoo was thon road over to tho dofendant, and in answor to tho usual question from tho Bonohho said. ho. would reservo his dofonce. Mjr Reid snid hp purposed calling ovid-

ence to show that prisoner was unsound or mind, and was remarkable for tlio oooontrioity of his bchnvionr and memory. His Worship said that if it wore shown that prisoner was a lunatio ho would bo committed, after due examination, to tho, nearest Asylum, but suoh evidenco could not bo tondored to tho Bench as a reason for declaring prisoner innocent. After some further discussion it was finally ngrood that tho ease should bp adjourned until Tuosduy noxt. Prisonor was admitted to bail, himsolf £200, aud two sureties of £10. each, Tho Court then adjourned,