POLICE COURT.—Yesterday.

Thames Advertiser, Volume VII, Issue 1849, 26 June 1874, Page 3

POLICE COURT.—Yesterday.

(Before \V. FkASER, Esq., 11.M.) Chimney on Fire.—Joseph Williams was charged with allowing the chimney of his house, in Queen-street, Grahamstown, to take fire on the 17th inst.—Defendant pleaded guilty, and was fined 10s and costs. Cakeless Dbivee.—John Boyd was charged with leaving bis vehicle so as not to have full control of the horses, drawing the same in Pollen-street, Shortland, on the 17th inst. — He pleaded guilty,—Mr Bullen said that this was a similar case to that heard last week. The driver upon arriving at the termination of the journey left tho horse 9 and went away. Mr Dean got into the trap to be driven to Grahamstown, but after wailing about 10 minutes he had to go away.—Mr Dean said that after waiting 10 uiinutes ho called tho attention of a constable, he went away and got wet.—Defendant was fined 10s and costs, or, in default, 3 days' imprisonment. {Before J. KiLOOH!, Esq., M.D., J.l',, and J. WultMOliL, Esq, J".P. Pehjuey.—John Maher was charged that ho did, on the 12th inst., commit wilful and corrupt perjury in the case Hirk v. Davis, heard before the Resident Magistrate's Court, in Shortlaud. The case, it will be recollected, arose out of the sale of a cow. The prisoner sold a cow to William Davis, and alleged that he did not receive the balance of £5 15s which remained due after £1 which had been paid to Hirk. Davis swore to having paid the balance of tho money, and the magistrate, after giving judgment for' Davis, ordered Maher into custody on a chargo of perjury.—Mr Macdonald appeared for the prosecution, and Mr Tyler for tho defendant, and asked that as defendant was charged with a misdemeanor he would be allowed to stand on the floor of the Court instead of the dock. This was granted, and Mr Macdonald then opened the case for the prosecution by relating the circumstances connected with the action in which the proceedings originated. He called Willhin Fraser, who deposed: [ aui Resident Magistrate for the district of tfaura'u. On Friday, tho 12th of June, I .presided at a sitting of the Kesident Magistrate's Court here, and heard evidence in the case of ,v i!li i:n Hirk v. William Davis for £5 15s, the bahuce of the price of a cow. The document produced is the duplicate of the summons issued in this case. This document is also a record of the judgment given in the case. (Document put iu evidence.) The document mirked B was the particulars of, demand in the ca3e. In that proceeding the sale delivery and price of the cow were admitted, aud also the payment of £1 on account of the purchase money. The whole question at issue being confined to tho payment or otherwise of the balance of purchase money, £5 15s, by Davis to Hirk, or to his agent Maher. Upon the hearing of that case tho present defendant, John Mahor, was duly sworn and gave evidence in the case. I took notice of the evidence given by Maher. Maher swore that he wont with Davis to his house to help him to drive the cow, that he never was at Davis's house' but upan that one occasion, and that Davis did not there, then, or on any other occasion pay the .sum, £5 15s, the balance of the price of the cow, or any money whatever. Maher on being pressed said that he did not receive any money from Davis at any time. The evidenoi of Maher was pertinent to the issue of the case; other evidence was given by the defendant Davis and other persons. On the evidence so given I, a< Resident Magistrate, decided the case.—Crossexamined : I remember Mr Davis's evidence on that occasion. He said the £1 was paid at the house of tho plaintiff Hirk, but I do not remember the time of the day. I don't think it was mentioned, but I collected from some of tho evidence that it was in the forepart of the day. The time is not on my notes in Davis's evidence. It was the little girl Mary Ann Davis who gave evidence as to the time. She was coming horn 1 ? from school. She was a witness in the case, and daughter of the defendant Davis. She cam; up while Mahor was at the house, after 12 o'clock, at tho time of tho delivery of the cow. The child was very small. I think she said 9 years old. She stated she saw her father give something to Maher shillings and sixpences and some papers. I was careful about the examination of the child, and had some coins placed on the table. She knew the difference between half crowns shillings, and sixpences, but collectively she called them all shillings and sixpences. She picked out the coins correctly. A number of half-crowns were placed in her hand, and she was asked what she would call those. She did not say half-crowns; sbe did not answer the question. My impressian was that she called them all collectively shillings and sixpences. I asked her further whether she would call those sixpences and shillings, and she said no. I asked her whether she saw her father give some papers to Maher. She said she did, that there were more than one, there were two. Davis, in his evidence, said the payment he made to Maher was a fivep mnd note and six half-crowns. I think lie said his daughter saw him, but at all events he said his daughter was present. He also said that his little girl saw him take the injney, and the . other girl was present when he handed him the money. I he girl Mary Ann was called in evidence . as to having seen her father pay the money. She was only questioned as to this fact in her examination in chief. I examined the children myself. They were not examined by counsel nor orossexamined. The other girl said that she did not see her father taking money, but she heard him. Mr Davis stated that he got a receipt ,for the £1 which ho paid. The document was handed about, but was not put in evidence, but he did not get a receipt on tho payment of the £5155. Ho gavo as one reason for not gutting a receipt on payment of tho £5 15s, that he knew Maher could not write. He said that Maher helped him to drive the cow to the shed, and si\t down alongside of it. _ Maher, in l}ig evidence, said that Davis sa;d upon payment of the pound, that he would pay the bslanco in a few days, and Hirk, the plaintiff in the case, also said that he (Davis) would pay the rest in a few days. Maher and Hirk's evidence was that this statement was mado by Davis at tho time the pound was paid.-Ke-oxamined: I remember the evidence of Davis as to the payment of the balance, that a pound was all he i had on him then, but they could have the ; -other at anytw,—B,? % bench * Xkeia ■.

, was no evidence that Maher aud Davis i had any previous knowledge of each ■ other, or having any other transaction. ; Davis was talking to a man in Grahams* ' town about buying some milk or a cow, and Maher joined in and said that he had a cow for sale.—William Davis deposed: I am a dairyman residing in Shortland. and was defendant in tho action in the Kesident Magistrate's Court on the 12th of Juno, at the suit of a person named Hirk. The action was for tho recovery of £5 15s, the balance of the price of a cow. I defended the action on tho allegation that I had paid Maher that sum of £5 15s. I bought the cow from Maher, who was acting cither for himself or for Ffirk, and I had (he cow. The cow was driven from Hirk's place to mint l .. 1 was with tlie cow, so was Maher, " ho accompanied it to 1117 house. The price of the cow was £6 15s. I paid £1 before I left Hirk's place. On payment of tho pound [ said they could have tho balance any time. It was on this that Maher and myself went with the cow to my house. When we arrived at my place we put tho cow in the shud. Maher sat down alongside her, and I gavo hersomo, green stuff. I told him to wait a ininuto, and ! would fetch him the money, [ went to the bouse and brought the money and paid it to Mr Maher,. It . was a five-pound note and six half-crowns T gave to Maher. There was no person close to, us, but a little girl of nine was 15 or 16 yards off. 1 met her coming from school as I, came, back. with tho ■; money. Directly I gave him the money he thanked .me and went away. • I told him to look if it was a five-pound note, and he opened it out. Next day I found . that the cow was not what she was repre-' sented to be, and requested Mr Thaxter to say something to Maher or Hirk on the subject. Between the time of my getting the,cow and getting the summons, for the £5 15s nobody over asked me for any payment as the price of the cow. I purchased the cow I think on the 18th of May.—Charles Thaxter deposed: L.am a dairyman, residing at Tararu. I know Maher and Davis. Some time back, on the 18th of May, Davis was talking to me. He wanted to know if I cjuld let him have some milk, but I had none to spare. Maher oaine up, and Davis asked him had he any milk. He had none, aud Davis said he would have to buy a cw. So they negotiated for the cow. I heard the next morning that the ow had been purchasod. Davis asked me to conyey a message to Maher. In consequonco of that I saw Maher on the 20th. I asked Maher whether he. had seen Davis He said ho had not; what would he want to see him for. I told him ho was to tako Mr Davis's money back again, and fetch his cow, as she was not up to what ho guaranteed. ■ Maher said that he (Davis) bought tho cow and paid for it, and he had tho money and Davis had tho cow, and he might stick to the cow and do what he liked." I saw Maher agaiu on the following Sunday. I met him 1 him on his rounds while I was on mine. I said, "Johnny, have you got this affair settled yet?" He said," What affair P" I said, " Davis with the cow." Ho said, " Why, man,, 'tis all settled., He has got tho cow, I've got the money. He may do what ho likes with the cow, but I shall stick to the money."—Thomas Brown deposed: I heard of the sale of a cow from Maher to Davis. About the 19th or 20th of May I met the accused on the Tararu. road. He told me that ho had sold that cow. I said, "What cow?' 1 Ho said/ " The cow I got last down from' town:" 1 He asked me if I could supply him with ab mt three quarts a day. I aaked tiiui who he sold tne eow to, and he said, "To a. chapuptheKaraka." I said she could not bo giving much milk if he only required three quarts from me. He said no, she was a bad one, that she did not give much milk, tie said if I could give him that milk till Saturday, he would be sure to have a cow, as his missus had gone up to town with the mmey to buy one. I asked him how much ue got for the cow, and he said £6 15 <, and I said I did not believe him. I then left him. I saw him again, the same day, and said, " Now, tell tlio truth as near as you can, how much did you get for tho cow ?" He said that Ue. was telliug me the truth, that he did' get £6 15s for the cow. I knew the cow's appearance, and said [ did not think he could have got that amount for it. I said, " Have you really got tho money, or did you lot the cow go without the linney being paid P" He said, "Do you think I ' am a fool to let the cow go without tho : money." I asked him what quantity of milk he told the man the cow was giving, and he said," Seven or eight quarts." I then said, "Johnny, before long the milkmen will all have tho same ' opinion of you as I have." He has told me often things that wore not true, and wo had had a business transaction together. Some time after accused showed me a letter from Macdonald and Miller, solictors. He said," That d— fool, Davis, has sent me a solicitor's letter. The man must be mad." He asked my opinion of., the case, and I told him tliat I would have returned the oow when I found she , was not what was represented, and sued him for the money. Accused said," He < has only paid me a pound on account of the oow, and he could have come and got his pound, and there would have been no more about it." I said," iou told me that you had got the money when I asked you, and now you say that you have only got a pound." He said, " All he has got is the receipt for the pound; that is all he has to show for his money." I said, " What time did you give him to pay tho balance ?" Aocused said, " Oh, we did not fix any time; we were not going to be hard upon a poor fellow." I said that. he might not pay it for the next few years.—Mr I'yler said that he had witnesses to oall for the defonoe, but as they were to speak to matters of fact, and as these were for a jury, the case would have to go to the Supreme Court.—l ho evidence was then read over to the accused.—Mr Tyler said he would call witnesses simply to have them bound over to attend at the Supreme Court.— William Hirk, brother-in-law of accused, was thon called and examined. He, do*,; posed that he remembered Davis paying £1 on the sale of tho oow. Davis then said that he would pay the balance in a tew days. He said something about miik bills, hut witness did not pay much attention.—Richard Hirk deposed that he was present when his brother, wrote out the receipt for £1. He did not re- : member hearing anything about milk bills.—Accused was then committed to take his trial before the Supreme Court, bail to be allowed, accused in £100 and two sureties in £50 each. . , ~