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ASHBURTON— MONDAY.

{Before Mr H. Frtedlandor J. P., and MrD. Williamson J.P.)

DRUNKENNESS man, who had not been before the Court for four years, waa dircharged with a caution. HTwo first offenders were also discharged with a caution. ALLEGRO PIBJUBY, Mary Ann Kane wan charged with having committed perjury duriDg the hearing of an ioformation on October 1, when Bhe was alleged to have sworn : "I was not out on the footpath from 6 to 11 m tho morning; I was not outside my own gate till' the evenIng."— Mr Clayton who appeared for Che accused sad that he had only beta instructed within the last half hour, and as he bad been unable to asoertain the whole of the facts, his advice to his olinent had b ten that the oase Bhould be further adjourned. Mr Kane, however, desired the oase to go on, and he (Mr Clayton) was therefoie m a rather awkward position, A consultation here took place between Mr Clayton and his client, bb to whether the latter desired the case to be gone on with that day.— The Bench did not see why the time of the Court should be taken np by a consultation between solicitor and client, There had been ample time since the information had been laid for the latter to have instructed her legal adviser. —Mr Olayton said he desired to explain his situation m the case.— The following evidence was called. — A. M. Pearson, bailiff of the R.M. Court, remembered Ootober 1 when Mrs Kane was charged with obscene language. Bhe offered to give evidence on oath on her own behalf. Witness administered the oath to her— The witness detailed the words of the oatb, but m repeating them slowly while the olerk was taking thendown m writing omitted the phrase "tbe whole truth." When tbe witness desired to amend this Mr Olayton objected to any •Iteration being mi.de,save as an explicitly, stated emendation —By Mr Olayton : Witness was Instructed In the form of oath he administered, by Mr Martin, a former olerk of the Court. Did not know If he had any other authority. Did not say " The evidence you shall give touohtng this Information etc," •■ set forth m the Justice of Ptaoe Aot 1882, bnt " tbe evidence yon shall give before tbe Court m this case," eto— Sergeant Felton said every form of oath binding on the conscience was legal. He was proceeding to quote authorities, when Mr Olayton obj 00 ted to . the Sergeant quoting law a. that stage of the ease— The Bench did not think there was any neoesyity for th. Sargent to refer to authorities on this pomt — J. R. Golytr, Olerk of the R.M. Court, prod need tbe reoord book. On Ootober 1 there was a case entered, " Police v 1 Mary Ann Kane," for a breach of the ■ Police Offences Aot 1884, Seotion 24, , Snb-aectlon 2, by making use of obscene j language. Defendant pleaded not guilty. , Tbe Court's decision wao that the should ( be Imprisoned for 14 days with bard labor, •nd tbe bench directed that proceedings should be taken against her for perjury. Witness produced tbe Information on which Mrs Kane was oonvlcled. — Sergeant Felton desired to reoall Mr Colyer. In reference to notes of the case taken by bim. Mr Clayton oVjeoted to the witness being recalled when his depositions had been tsken and signed. Sergeant Felton quoted Mr Justloe Johnston's book, but 1 Mr Olayton objeoted to this work as c obsolete. A lengthy dlsousilon ensued — 1 Mr Cuthbertson, as an amicus curice, said f that It was entirely within tho diacretlrn 1 of the Court to allow the witness to be I re-called. — Mr Clayton asked Mr Coth- 1 bertaon for his authority — The Bench 1 dedlded that the case ehou'd proceed, and ' they would decide afterwards as to ' whether tbe witness ehould be re-ca'led. I — BergM-it Felton «»td that ll ho gavr evidence hlmielf, whloh at first he had not intended to do, it would obviate the necessity of re-calliog Mr Oolyer.— The , oase wss then proceeded with.— El zabetb ' Barnard, wife of Chas. Barnard, said she lived at Princes street, Netherby, and next door to the sooused. Remembered being lo Court on October 1. W»s giving evidence against the accused. Aooused was charged with having made use of abusive language. The evidence witness , gave was to the effect that sbe was j •wakened about s quarter to six o'olock , on Sunday, September 23, by Mrs Kane . snaking nse of very bad language towards _ witness; Baw Mrs Kn. en the footpath by witness's side gate, and also In her ' own place. She was out on the path ] •gain between two and three o'olook m the ( afternoon, but she wss quiet then, and ( her daughter was with her. Saw her at no otber times during tbe day. Witness ) ■aw her on the footpath for a few minutes; no one was with witneis.— By Mr Clayton : Was not particularly . •nnoyed by Mrs Kane's behaviour. Was not pleased at her behavour Was suf- . ficiently annoyed to take proceedings •gainst ber. Had now given the whole . of the evidence whioh she gave at the . hearing of the previous case. Had detailed all the .language used on the Sunday ( morning. Mrs Kane hod been witness's ( neighbor for five or six months Never ( had » row with her before, though Mrs ( Kane had used cross language to her On the morning m question saw Mrs j Kane through the window ; the latter was i on the footpath. Gave Mrs Kane __o cause to make use of the bad language. J Was sure it waa Mrs Kaoe who was j walking m front of witness's place. — ( Frank Barnard, sen of the . last witness, ( fave evidence of a corroborative nature. , Ie did not see Mrs Kane -on the morning she was making use of bad language towards witness's mother, but he recognised her voice. She was towards the front of the house, when she commenced making use of the bad language. — W. W. White repeated the evidence given by him at tbe bearing of the charge of obsoene language against Mrs Kane on October Ist. He was awakened about half-part five on the morning of Sunday, September 23rd , by a noise. Looked out of the window to see what it was, Saw Mrs Kane standing on the footpath, cutslde her own gateway. She wm then complaining that sho had been ■trnck on tbe side of the bead. She walked up and down the footpath for a considerable distance and said tbat it wss "•U through old mother Barnard" that ■he had been struck. She walked up and down for abont a quarter rf an hour, during whioh time sbe mtde use of bad langnsge towards Mrs Barnard. — W. J. Steward, J.P.i sat on the bench with Mr D, Thomas, on Ootober 1. Remembered Mrs Kane being before the Ooutt that day charged with having made use of obsoene langnrge In a public place- . She was oonvloted end rentenced. Remembered witnesses W. W. White. Mrs Barnard aud Frank Barnatd giving evidence for the' prosecution. Counsel for ' the defence called Mrs Kane to give evidence. Witness made notes of the case. W. W. White swore that he wbb •wakened by a nolss about a quarter to six o'olook. He saw Mrs Kane on the 00. path ,»__• was promt n ding up and down, and made nse of bad language towards Mrs Barnard. Mrs Kane was •worn and In her testimony sbe said that If she Used any bad language towards Mrs Bsrnard she wss In her own place at tbe time, She was cross-examined a . to wbere sbe was on the Sunday morning., and she swore that she was neyer outside her fence on the Sunday morning, but was all the lime on her own section Witness cautioned, her, and m reply to his questions, she more than onoe adhered to hor statement that sbe wss not outside.— Mr Olsyton objected, ai tbe witnen did not

give the exaot wards u.ed,— The witness said that ho had not taken tho words down, as ho had directed the clerk to do so. Witness .autiou-d tho accused at

I least twice, and slio had had ample time to co aider her unawerers. Her ovidonca was diametrically opposed to that of tho proFteciitiou, on the important point whether the language was used m a publio > place or not. It wuh material to the issue . whether the offen.o occurred oj a public place. — Mr Clayton objeoted to tha last statement, ns it was for the Court to oon sidor whother tho point waa material to the issue. — Sergeant Felton said that tho ovidonce given was not m respect to the issue being ocnsilo ed matorial by the Bench at the prosent time, but by Major Steward who was on the Bench when ihe former information was heard. — Too witness contiuued that be had direotod an information for perjury to be lnid . — By Mr Olayton : Was sure that the form of oath laid down In the Justices of the P.aoe Aot 1882 was that used.— This was the caße for the police. — Mr Olayton argued that It had been shown that the oath that had been administered was not the lawful oue, as laid down m the Justices of thePeaoe Aot 1882. Then again the words set forth m the information and alleged to have been used by Mrs Kane, were different to those stated by Major Steward to have been given by the acoused. As to tbe point being material, Mra Kane bad admitted having made use of obsoene language and had been punished for it. He oould readily believe that she had been on the foothpath on the morning, but that had nothing to do with the case, and when giving her evidenoe she naturally made no reference to It He understood tbat on the morning io question she had had a quarrel with her husband, and she left the house and went out on the footpath. He would also point out that there waa no corroborative evidenoe as to the alleged perjury, — The Benoh retired to consider The points raised and on returning s.ld that they bad decided to dismiss the o barge. It seemed to have been laid down by Mr Justice Johnston that It was neoessary tbat two witnesses should give evidence as to tbe alleged perjury and m this oase there was only one. The Beuoh had for this reason asked Sergeant Felton If he had any other evidenoe to oall. — Sergeant Felton said that tbe otber Justloe, Mr Thomas was away.— The Benoh said that ln discharging the aooused they would tell her that she had 'sailed very olose to the wind and they hoped the present oase would be a warning to her. The Court then rose.

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http://paperspast.natlib.govt.nz/newspapers/AG18881022.2.24.1

Bibliographic details

ASHBURTON—MONDAY., Ashburton Guardian, Volume VII, Issue 1976, 22 October 1888

Word Count
1,813

ASHBURTON—MONDAY. Ashburton Guardian, Volume VII, Issue 1976, 22 October 1888

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