SUPREME COURT.—Criminal Sessions.-Yesterday.

Auckland Star, Volume XVII, Issue 243, 15 October 1886, Page 4

SUPREME COURT.—Criminal Sessions.-Yesterday.

(Eoforo HU HoDor Mr Jnttico Ward.) THE ALLEGED PERJURY CASE. The Prosecutors Denounced by Mr Justice Ward. | riiE hsal-irs of tho chirgea of parjnry preferred i^ai-.st Mr Arthur D. Bennett in connection j ivith a promissory note for £25 held by Alexan- j ler Maokay, drawn out in favour of Albert ; Walker by Reginald Fitzroy Bolton, was con- i oludcd at 5 o'clock yesterday afternoon. j Mr Gover, inttrncttd by Mr Hudson Wiiliam- , boh, Mosecuted on behalf of ihe Crown and Mr Biutjn, inbtructca by Mr KiKhy, appeared en Oehalf of the accused. :' Albert Walkoi'o examination in chief was ; puuliahed io)oaterdaj-'»iH.-u>). Oross-exanolnta : by Mt Button, this nlt-eu furcher depewoa tl at ho 101.l MaoKuy thalß .licei.t whs j.ay.nKSta . in i,,e £in Bolton'n . stale, Th., £2U li. gA from ■ MncUiiy was ~ot exacily a loan. Mai-k ß y dw. d hlu. ino-o than £W. but ho cim'-'l not nay how mueJi more, *a he wav not iv ih* Imbit or i-^i> '"Witues^hero thked to bo p. rmltiwi to. s.-o wh.jthur hu hud oifj-.ed IV.O (i-ptali- - tr.iiii which Mr Bu'.ton was cco^s t-xaiiinui.i. .-««. " ho a Pl eai-ea 10 dou:.t whether he had u.a.lesuch statcmeats liisllo.-.0-ac oidingly handed ov-.r theeopyof th« oepu=iiiund. whicn tho v itueai leiounly b;gan 10 pcuse. Beem/ this. Jii» Humreaid. •' Hind buck ihesa dojjOaHion:. lit ! Hand them back at once I" The witness then ftdinittnd >h»t he hau tinned the aepOßtUons. He further avid that the bill was «ivi n to Mack, y aa 11 sort of collateral aecuri.y. His Honor: A sort o£ cjilatoral eecunty becuiiaehe waa pa}in« yuu moaoy that hu owed , y<Witness : Those are facts, your Honor \ tla Honor Very : i'i<u!ar facts, I must Fay. 1 Hxourination coutinued : He cid go to Mr j Bt-llaiitym-'tf lioube befoic thul Grand .miv founo a true bill iv this cauo. Ho old not threaten -Mr , Bdllantyne, ai d try to net tome writing troiu him. Witness told him that he win ed an apology, because he had made »n affidavit that ; wltneds'snamo wasnaat thu back, of the bill. ; He felt ihut an Bpolugy wan due to him. Ho Olil I not threaten to lay an into matiou for perjui} ; unless the apjlosy wua received ac aid not suud the anoujmoiiß letter pi oducod. ■ his letter was tiion read ; it was to this

elf Wet: •• Never mind 8., Maukuy lms ovir■whalmlaK evidence, ii^d id bom.(l to rum both Hcnnoit anil yourself." Witness continued: STe did not fit W. H. Connell to ditcouut a b'll (or £lv in Auguil last, alleged to rave bneu Uraw;> iv his favjur, and signed by Mr X T. Dufaur. Ifo could nut Hay v.hothor or no Mr K. T. Uv.tn.uv signed tliat bil;. He v/t.3 not award that it wbs a forgery. He declined 10 answer who took that bill up. His Hoi:or: You decline to answer. By what right do you decline to answer trat Witness: I don't think that I sfcould be called upon to anawor tint question. Hia Honor: Buty v must do so. Witness: I did pay £J0 lor thit bill, but I do not know what haa Become of the bilL Ilia Honoi: Now you are raauifesily declaring a deliberate falsehood according to jour own evidence. , .... Witneßß : Well, let them show me the bill. Mr Button: Show you the bill? you know well enough that cannot be done. \ou took oareofthat. .... Wltnees: I can say no more about that Din. I cannot say who took it up. I really forget the circuuietanoes. , .. His Honor: You had better remember if you don't wish to be committed. Witness: 1 ton't know whether Mr Uufaur B'gnfd the bill. If that iv a true copy apparently he must have Bigned it. By His Honor: I got it from Mr Dufaur. Hi, Honor: Take oowa that answer; take down thataLswer. Hxamlnatiou continued: He could not Bay when Mr Uufaur gave him the promi-sory note be could not B*y who drew it out. He ttW not think teat he woa called upon to answer such Questions as these. . His Honor: Then you are; unless yoa wish to aave yourself under the plea that by anawerin™ that question you may tend to place yourself in a similar uo&itiim w that at preient occupied by the aecuaeu. Witness: Then I iriut cay that my answer well d tend towards that. Uis Hotov: Very well, you may go down, ftud I thiuk that the aooner you flod yourself where you feared your answer would land you Mr Button here recalled Mr Bolton, for the purpose of asking him if te had any idea as to the total amount of hid Indebtedness. Mr Boltun depoEtd lhat he could not state what way the totnl amount. His Honcr: I (hint, from whit I pan learn tbat it would puzz.e you couaidera jly to n^d out wha' was jour lotal liability. (Lu.u*h er.) lieorg Green. Übuurer. depj.-ed that no was ihafatlicr-ij-lawof Maokay. He had frequently scon me bill, bu: hj could tot re.-ia. H vel} n Ureen, daumiter cf the Lbovv. dopo.:id thit aho first paw the promissory note about tnrec; 3 cii» ago in hor brother in-laws hou-e. Albjrt Walk, r's mime was on ihu back cf it. Did noi re«d the bili. Exaaiintd by Mr Bni-.on : She did not write the directions on the l>!tn;rii fi.r.v&rded to Mr Ballautj no or Mr Bet nett. (Witness hert) wrote thu direction; to show iho difference.) the further oiaiea that sue did not recoguisa the writing. .vlartaret Green recognised the P.N. She firoisaw itt%vojears o; eighteen months ano. f: was ih -n in her brothi-r-iu-law's p053--ssion.

Shi: tried to read i. bui. Bhe couid not make it out. the 85iv •■ Albrrt Walker" written on the hack ot ths bill. She had never before seen the two letters (iroducd This witness also by r.qu^st wrote directions to both Mr Bailnutyne and Mr Bentttt. Mr Cover stated that this clored the case for thu pro ccuioa. Mr Button, in opening for the defence, said ■ hit ho would not detain long at that ange of the crouedlniia. as hi wouli bo afforded an O(j;oriuniiy of address-ma thKm later oa. He Wi uld titupy slßto thas againtt the three witn".EBCB for the Crown, Mackay, Bolton, and Walker- he shou'd ptortuce witnesses u£ uncoubteu Vi raciiy, ai d he would asK the gentieniuncf the jury to entirely disabuse their rrinds o( the evi.ience given by tnat intereatini? trio. atUdnvi.. tot.illy d< nyi g the iillef'a'ious He would ask ih.-m to thluk what oU:er motive

could .Mr Dennett liavo had fur nig action scorn drels. Wta'. other motive could he have but mm ; for it was no Ram to him. . He would therefore a-k them to take the evidence o£ -Mr linnett as the evidence of a wi:nes3 mat was to be believed. Then there would bo tlio evidence of ilr Ballantj ne, who was a man of good chai-HC:cr. Ho was the niunager ut the Onehunga Woollen Company, and an honourable riinu. Foituuateli, that Kontkimui hinipunedj-o be pres-nton tho >ccasion wheu Maokay cilied upon Mr Bennett. He saw tho whoKi occurrence, and ho would Bwear that the bill waa cot omlo-aodat thit time, ihen they would have the boy engaged in Mr Bonn', t'.'s office, who w ou'd toll them that he was present during the inturview. >n > that he heard -Mr Ifenm tt say th .t it was not cnaorsod, and that Maokay replied, "I know that, but I can bring Luadrtds of leople who will prove that it ia my bill" |With roßard to tho bill—he would s^y a bill, for ne did not kiiow how many hucdrods ihsra miijbt be floating round amongst tuch a crew (taushcer) — Derhapj sla(k>y had many such bills which were wa't'ii< ready to take in boihq unwary Boftheadud pereoos. It might be that thero were two bills floating arjout. and that the one sworn toby Mr Bennett wasnotthecne now in Court; or it might be that the whoe affair was planned Ho would further bring evidence to discredit that of these three witDestes, and 'hoy would be told th»t knowing the character of that precious trio, they would not believe any one of them even though upon their oath. Geor. c Hallantyne deposed that he was the manaßer of the North Ntw Zealand Woollen Manufactu ing Company. The accused waa the secretary ot mat Company. The offlcra of the Company were in Palmeraton Buildings, on Friday, tho 3rd August, he waa in vlr Bennett's office the whole ot the day. He remembered a man cailini; on tnat day. He gave the name el Alexander Mackay. Mr Uuttjn here requested that Mr Mackay mighi be called in for the purposes cf identification.

Air Mackay being caUed did not appear fora few moments havina: left th« precincts of the Court.

His Honor remarked, I don't wonder at him dl«anpearine.

Mr Mackay then camo into Court, when His Honor said. Oh, there he is. Don't let that person leave the Court p?ain. Examination continued! Witness recoffni^ed him sb the man who had called upen Mr Bonnett on tho 3rd of August. Ho came in reference to Bolton'a bankrupt estate. He saia " I notico you aro paj ing Bolton's creditors 20a in the £.' and then he produci d a bill from a pocketoook, and handed it to Mr Bennett. WHnpss heard tho conversation regarding it, Mackay said he had a claim of £25 against Bolron s estate. Mr Bennett read out the bill aloud. Witness heard that it purported to be a t».N., made out by R, F. Bolton for £25 in favuur of one Abert Walker, payable In three months. Than Mr Bennett turned it round ano. said. "Tha bill is not endorsed; there ii nothing to show that it 1b your property.' Mi.ckay replied that ho could easily prove that Jar Henneti explained to Mackay thatit was n. t a proper claim. Then Mackay trit &to persuade mm to uee his lDflui nca an irustee t , Bo t the biS passed. Ho ottVred him £5 or £10. He could so tno bill. At '.ht time thire wa-j no endorsemer t upon it, Mr Be.itett asked Mackay to bißn a declar^tiou of proof of debt but he dia not want to do that. Maofcay taid ho would rpqutro tc t;-.ku Ircral advice upon th-. natt-r Mickay d,dined to h,ve tb» biil although Mr Bonnett esled him to do so an 8»Id mat he would Qu ke inqniries abcu; it. Mr Bounett said if ha wou ,1 can rack iho next daj ho woula hays mado irquiri s. w'itre'»s wus present when MauKay called ..Rain, hut ho whs fti.ndiog a., the lire- some litile distance away and could, not hear what passed batwoeu li'm and tho accused.

Tbe foreman if tho jury afked whether the wun.'Bß could identify tlio bill produced in Court*

.Mr Button thanked the jury for reminding him. It was a valuablo suggestion Hia Honor said : '• oh, we often get good suegeatiqng from jurloe. I have had toveral on this circuit*

Witness said ho would swear that the bill wos not a patched affair like the one produced. It was not torn or ragged. He thought it was a bue paper. Un Wednesday, the 6th of October, about eit-ht oVook Mr Albert Walker called upon wS 3 h a Sir hßidw Cl Wl, lnS f? EP"ke to him on ihe verandah. Waikerask.d if witness had bead that Bennett had been committed by the Grand Jury, and tbat it wub all up with him. Witness said chat hi had nev. r expveted anything ci-e ttian :hat ho would be committal. Mr Walker tlic-n said no w.ioitd an apolu s > f.-om witness for hie havirgsijrnort in affidavit tbat the bil iwaa not endowed. He said he had just como from the Grand Ju.y, ana tad had a vjy lon "tlm°3 it. Ho considered ho was entitled to au apology Witness declmod to do so, and Walker tlu-'n said that hu would ledge au icfSrma Ira t^S B=e« Ca^m^ have any connection with Walker, and therefore they had nothing to do with it. When Mr Ballantyne went down there was soarei.ly room for him to sit io the box with thq witncuses for the prosecution The Court ci'ier was about to malre them shift on when Mr Button remarkod that h.imi K bt tako hie Beat son-ewbere elto and not mix wli h th< m Jlis Honor: No. jou need not put him amongst that lot. y

Mr Ballantyne and the witnesses for tho defence were accordingly accommoia'ed with sea's in another part of ihe Court. Samuel O'Leary. olerk to Mr Bennett, depos'd that he was present when Mr Maokay called to Bee Mr Bennett. Mr BaUantyne was als j in the

room. Maclssy said he had a bill in ht&tifv.i;. and he tnought that they might as welTS.t'" ' ' gotne-.nii 7. out of It. Me produced the bill T?? - said that h» was Mr Alexander Mackay of *n* •I hnrnea, He eliowod tho bill to Mr &,;.„.» He could not remember whether Mr bSSSS; road H out aloud. M r BeDnett said that tR ? wanted endorsing by Mr Albert W«jk. Mr Mackay said he knew that, b« kX ciuldiria pjoplo to p.-ovofiat it waa M,J}? Mr Her.netijslso asked if thy. wag the bill wK Mr Albert Walker triced him about icstodav Maocny replica that be ntii&ved UVat \fc Bennett. a'so a-ked him to make the aeclHi-auon. Wii iiesa nut a proof o( debta «Si at'.od by while .Mr Bennett filled in Mr aSS? andor Mackay'a name Mr Mackay renlledThii ho was uot on to do that; be muet go and ™«t suit somebody e'ae firs;. Mr Mackay also X that he did not expect to Ret much mt of it, und waa not particular to £10 or *ii Mr Bennett replied that he could not do that the only course was far Mr Mackay to mall ' the usual dcclnration, and he wcutd see who* ho could do for him und ho would Rive him ■„ answer ia the monilrg. Mr Mackay wentawiv without either making the declaration or leaving Kdmuud T. Dufaur, Bolicitor, deposed h« Icniw Mr Albert Walker. From what he knew ~r his charat tor hu would not believe him on hia ■ oath. lf« id not at any time this year eivnTtr. Albert \V,J>- er » Droini, sury noiu for «0 Mr in rep.y to tue jury, tills witness eaid he knew "■ irmt i h.. pn..:nisF.ory not., for £40 was in existenra It wuh r.«v,r si^n. d by him or paid by him to i-.l< account in ih ■ ban!-. He was told that the bill waa in ey.U'enee t-y a B«nUeman friend W itno-fs win ncl t'le ftn on hcldlmr lhebillthatit w^ T; c'; by, hi 111;, ""il'O not take irtffij in i tir matter ber-aiiHM the bill won 'over in hin po , s Ei -io:., and waa nevrt preaented to him ftr buider of t-5 Wil^' BaVB 'D" ""«»»««« tothj John .vt.botf, bill biokernnd money-lender flo p oJ ed that he know Mr Mackay well.'and%^ hli ohar-.oter. From what he knew ofhiach»r actor, be would tot relieve him on hisoa?l?l& knew Mr Boltou to hia sorrow and hia ooet ' B« Michael T. Hickcy deposed: He knew Mr ' Boltoit, and had known hm in Welllnßton Ab.)U- the end of July or the b (tinning of Jut ho came to wi: nesu'B office In Cuombea'a Arcadn n Icon >slcttd him ip corns outMde into the pat gujje. i-le r. minded witce.id of knowing him in W cilinKion, und aiioul mor.ey beiug lent him there. Also, ahout certain money coming f[om Jfoi c to hia wi'o, which, he Baid. had been seized by Hannet'. on account of his first insol voncy. i he tenor of ihe conversation was th&t if witr.Fai drew upon him with a back-dated bill he couid pr.ivn upon the estate, and (jet 20s in the ii rrom Benn-tt, and th»n they could divide theprocecda. VYitno-a Old not ayree to it nubhi quent to witne s'sapp;erai,ce for the purprg. of identification in lhe lower court. Bolton accoetud him la the straet, and tskedhim vihst evidence he waa koidk to (rive in the case. ' U'.tnoss said that hi would give a detail of that litUt- conversation that bad taken place in the pa sißcmtarhlaoftlce. Boitonsuid.'Ufyotißwear an, thing againstmeyouwil a »earad due" Wi:ni3i replied that he had not yet told aim what lik was game to swear. Boltou then satd eomethini; about kicking witness from ooeend cf Queen-dtreettp the other. Witness called Mr " O'Aieagher. eolicitor, to hear the threat, but he cleared, no doubt purposely, for he afterward! told witness that he would rather appear In court as a counsel than a witness. (Laughter) That wai about all that Bassed between him "' and B Icon on that occasion. Mr Ballantyne, having been recalled by His Honor, stated that he hid a very high opinion of Mr Bennett, and would trust him thoroughly This close d the case for the defe= cc, the Crown Prosecutor not having cross-examinmed any of the witnesses beyond a casual question. Mr Bq ttoD, in t ddresalng the jury, said he did not think it was necessary to detain the Court with »ny lengthy address, after the evidence that had been adduced for the defence. He thought it muet be clear that the three principal witnesses for the Crown were not worthy of credence. There was such a mass of gross contradi. tione that it was almost impossible to deal with them seriatim. He felt that after the I evidence they hal heard it would bs ■an lnauit to the common seoße of the jury to go into matters of detail. He would simply aik them to consider those three witnesses as thoroughly unreliable, and not worth wasting time over by analysing the evidence ! given by them. Then there was a poor old man ' who could not reid, who could be dismissed with the remark that he really kcew nothing ' übotH the mittcr at all. Ana the two gixS ■ practically knew nothing about the affair. These witnesses were contradicted by the evidenca of Mi Ballantyne and that of Ml Bennett himself. whuee gocd character he had previously referred to. lhe girls spoke of tie bill, but they had simply in their evldenoe seen a document in Mackay'a house that ?• mignt have been that or any other bilL It was probable that they spoke unthinkingly, not knowing much about bills. Bnt Bupposa that'! bill had been identified ; even that did not prove that it was the bill that wus Ehown to Mr tient.ttt. It w. s quite within the bounds ot poaaib lity that Df; would have manufactured rome Oiher bill. Then it waa not at all improbable tint tome paper had been pasted across/ teat bili for the purpose pc-rhaoß of preserving. i;; that it was in that condition when shown ta Mr Bunnctt, and that finding thrt the tnc'.oreement was requiied, thut the paper hud been tiken eff, thus disclosing the' name, Ho was only eugg.atiog that such might > bo the; ca<e, for thd tviaenco appeared to show that th« bill preseatea ta Mr Bennett waa a new one on blue paper ; still, in i itber csse there wasnoevid. nee to show thit Mrßerii,ett caw or knew cfar.y cDdorseme it on tha bill. Tae evidence of that precious trio of scoundrels -, was not to be d.pendfcd upon, and he did not pleC9 much reliaiice upon the evidence:ot the expert. la a town like Aucklaid, , a man would not have that experience i that coa'd be cbtamfd in large cities. He had

6: m')iy tod them that there was a crea-o down inn middlu of the bill, ar.d (hat it was there beii iv i he enioisinient was put udou ir, and that ihe ether two creases were made subsequently. , No doabt that was so. the way in wnicathe"cill had been folded would account for the am crease b foro the endoreeniect, and ior the two - sabseqoent ones, because it would be doublet smaller to (to into the pessesor'a pocket booteHe might call their attention to the tact ■ that Mr Bennett bore a very «ood character, Th-n why Fhould he act as Eugjjested in th» [ charge? What motiva was ihero for fuchac«i tion I None. But on the other hand, it he had adopted the suggestion of Mr il^ckay, then h»,".' wculi have been tcu or fifteen poundsin pocket, But no; Mr Beniett acted as an honourable man, discharging tho tru«t reposed in him, and brougnt before thpm by Bucn a trio oVscoiudreli . as p.-rr-aps had never before disgraced that ;

Court. (Applause.* Hu felt that it would be ■worse t''Bu useless to detain thfcm longer,but wonld ieavetlie matter in thf jr hands. MrGover trtiDia'ed that it was noth's Inten-1 lion f> addtest thejury. Ho thought, however, th»t it wa3 only fair to the Crown tostato that. thid was r<-p.lly ,1 private prosecution that had , neon haudtd over to tha Crown to proceed with. ...,, His Honor in enmmirg np [aid it wai ecarcely nectssary for him 10 address lha jury..l upon the evidence. Ho felt mre that tbej thoroughly understood that. But ha would call their attention to the faot that Mr Bennett was indiced far making as > oath to the effect that the bill wos not endorsed, aithesimo time knowing that it was endorsed, 1 Ho would just poiEt out to them that there ww ■', \ nothing to show beyond the evid'noe of ihto; trio of swindlers (applause) that there was anj such 9ndorstmf nt. ibey had Mr B&Uantynei evidence, who saw ihe bill, and stated that thero w s not then any endorsement upon it. They alto had eimil&r eA> dence givinby the boy, who was also present, That waa all he hudtn say with regard to theevt dence, auo it was for them to say whether of. a not iha prisoner was guilty. The j my, without retiring, returned a vefdlot of not guilty. His Honor th«n said; I have only now to ex: press my rrgret thst 'he accused haa been S3*mitted to tho indignity of even standing in th» ! dock, and that it should have been effected «t s the Instance of such a trio of swindlers. (Ap-. plause). You are now acquitted, Mr Bennett, and it is to bo hoped that seeps will be takes 'IH"< deal with these persons. I need hardly say that I direct that no expenses &re paid to the wit. nesses for the Crown, I refer of course to Mackay, Bolton, Wnlker, and the three Greens. Mr (lover intimated that there were DO'S. farther cases set down for hearing, and His Hono.- thanked the jury for their attendance I The Couit then rose, and the CrlmJnaV Sessions terminated.