ALLEGED PERJURY.

Auckland Star, Volume XXV, Issue 302, 19 December 1894, Page 2

ALLEGED PERJURY.

ABRAHAM BdWDEN'S CASE.

THE DEFENCE.

Mb Justice Conoixy sab at the Supreme Court until 6,15 o'clock yesterday hearing evidence in the case of Abraham Bowden, who is charged with having committed perjury. Ab 5 o'clock the jury intimated a wish to sit during the V«i<l» ,£" ™™ later, however, ib'was decided to adjourn, as Mr Hugh Campbell said thab ib was probable the evidence might be "hortanedif he was allowed time to consuls with Mr Cotter and the accused. The following ©videnpewas taken after we .went to press. John Reardon deposed khat oa the evening of the 29bh of lasb August, he was •tending in front of McLachlan'a drapery establishment when Bowden and^aweon drove past) in their^hansoms. Bowden was 10 or 15 yards ahead of Dawson. Just afar the two caba wenb up Given drove down the etreeb. When Bowden was driving' up the street witness could see someone on the step. Witness *£•»£< Graineer at the coffee stail wnen the cabs went up the streeb. Grainger l«t the coffee stall after Dawson returned. He stood there the whole time. ... .. By Mr Tole : Since the bna m the. lower, courb witness had nob spoken with Bowden or any of the witnesses with regard to the- evidence. Bowden bad nob given witness any money or ciothiflg. Philip Brewater, was called. His Honor remarked thab if this witness were merely called, to contradict) Grainger ib hardly seemed worth while in the face of other evidence given. The iast two wibneßaee seemed very respectable men. Mr Campbell Baid that he would nob then question the witness. ' John Herrington deposed thab on tne 29th of August he jumped on the step of Bbwden'a hansom ab the Thisble Hotel and rodeupto.the rink. Dawson'u cab came up the street behind Bowden's. Ab the rink a " fare "got in the cab and Bowden drove down Queen-atree* again.. Daweon's cab did nob go to thernnk, bub towards the Clarendon Hotel. Wibness saw Samuel Given driving a hansom down the ttreob. As Bowden's cab was passing round the Anchor Hotel corner, witness heard the crack of a whip. As they were going to the rink witness saw Dawson ■ cab. was going towards the Clarendon Hotel. On the run up nothing whatever happened between Dawson and Bowden. By Mr Tole: Given w»3 driving a grey horse when witness saw him go down the etreeb. He was not sure whether Bowden had said: " Dawson won'b whoa my horse a^ain." He said something like thab. "Robert Guy deposed he was a cabdriver in' Abraham Bowden's employment. On the nighb ip question his cab was on the to« stand witness being uudar the verandah. He saw Bowdeo and Dawson drive up the streeb aba quick rate. Bowden .was ahead. Witness saw Given drive down between the two cabs. He saw Giveu strike Dawsou with his whip jusb in front of Laud a. Witness did nob see Bowden strike Dawson. By Mr Tole : Witness was living with Bowdon. He had nob talked with Bowden about this case, ' Bowden did nob tell witness nob to say anything aboufc Given ttx the lower Court during the assault case.

His Honor: Why did you nob mencion Given ? . ~ Witness: Well, you see, ib was Mr Bowden who was summonaed. His Honor : You thought it right to stand by and Bee your master wrongfully convicted, when you knew another had struck the blow? Mr Campbell: 01), that does nob follow. He was not convicted then. His Honor : Be kind enough not to interfere. ' I shall nob allow it. Mr Tole (to witness): You suppressed thab fact altogether. \ , . Witness said he wae not up in law, and was not asked about the matter. Witness did nob mention the facb to Dr. Laishley, who was Bowden's lawyer on thab occa- ■ By Mr Cotter: Given told witness bhab JDawson had insulted his eister, and that it he gob half a chance he would give D,awßon gome more. By His Honor : There were no lights in any of the shops. ....,..'. Albert Dryland, cabman in the accused c employ, deposed ho was with the last witness. ' He corroborated the evidence of the laab,witness. In answer to Mr Tole, witness aaid he had. been living with Bowden since last February, He had nob balked to Bowden about this case. He was nob told not' to mention' Given during bhe hearing of the assault case. He did nob mention Given. ' Witness did nob tell Bowden thab Given was the man who struck Dawson. He attended the lower Court as a witness for Mr Bowden. He knew that Mr Bowden was innocenb, and expected him to get off, therefore he did nob mention Given's name. Witness was not asked about Given. By Mr Campbell: Bowden did not know until the middle of the case thafc ib waa Given who assaulted Dawson. William Courtney, cabdriver, deposed he rented a cab off Thomas Bowden. He stated thab he was wibh the lasb bwo wibnesses and corroborated their statement relative to seeing Given commit the aßsaulb. In answer to Mr Tole, witness said he did nob say anything in courb about Given, because he knew that Bowdon waa an innocent man. His Honor : A most extraordinary answer. Mr Tole : You knew Bowden was being tried for a very serious assault. Why did you nob say thab someone elae had done the assault. Witness said he was nob asked. He would have thought of ib if he had been asked. He did nob mention Given's name to Dr. Laishley. He had not talked wibh Bowden aboub this case, only when in Mr Cotter's office. Mr Tole : Have you been intimidating any of the witnesses outside the Courb during the day ?

No, sir. Mr Tole : I am told thab you told a man called Benbley, who, I am told, may be called for the Crown, that if he swore to any date you would come up and swear that he was not in town. Did you say thab ? No, sir. Ido not know Bentley. Mr Benbley was then brought) into Court, whereupon witness said, " I Bpoke bo him, bub dop't know his name."

Mr Tole: This is the man I referred to. Did you say that bo him ? No, sir. I asked him, " How do you think Mr Bowden will get on." He told me to go away and mind my own business. Mr Chrystal then came up and' said, "What did he ask you?" and said he would have me broughb in betore the judge.

By Mr Campbell: Witness did not know that Bentley was a witness in the case, Chrystal had boon coming in and going oub of Court talking to his witnesses. We did tell Given thab we had seen him .strike Dawson. Given said he would give Dawson more, as he had insulted his Bister. Mr Tole said he was instructed that Detective Chryßtal bad nob talked with witnesses regarding the evidence during the trial.

Thomas Kirwin deposed thab he was a

sailor, ab present out of employment). On the night in question he was in Wrigglesworth and Bmns 1 doorway, when he saw Bowden'a cab come up Queen-street and go found by the Anchor Hotel. Another cat), driven by Dawson, was about 15 yards behind the first one. He also saw one cab coming down the streeb and pass the obher two. He heard a whip crack when the down cab met bhe second one coming up, bub he did nob ace anything take place. The driver of the first cab did no* strike

'toe driver of the second one. There was a boy on the step of the fireb cab. Ib was Samuel Given who drove the cab which jammed Dawßon.on.to the kerb. Richard Wesbon, dealer, deposed to seeing the two cabs coming up Queenstreet on ibe nighb in question. Witness was walking borne bebween 10 and 11 and was passing Garlick aud Cranwell'e when he beari some cabs coming up Queensbreeb. Witness stopped and saw Bowden coming np driving his cab, with a boy on the step. .Daweon was following him, and was aboub 15 yards distant. A man with a grey horse was coming down the streeb and ehob away towards the Anchor Hotel. Another man with agrey horse immediately followed and passed, the other man close to the kerb, somewhere near Laud'e. This latter driver was using his whip on biß horse be thought, bubwibneßS caw nothing else. , Cross-examined : Witness had known Bowden for aboub tweDty years; but bad never associated with him. The man whom witness thought was whipping hits horses waa Given. To His Honor: He was sure aboub the horse, bub he would nob swear as to who was the driver. , By Mr Tole: Daweon wenb on up the street, and Bowden turned the Anchor Hotel corner. Mr Toie: When were you .asked to give evidence in this case? , . ' Witness: I was asked to give evidence in the Police Courb, bub 1 was never called. ■ Mr Tole: Were you ever in gaol? . Witness : No; I have never been in gaol. The only time thab I have been in gaol was when I was bronghb up uere in a caße of mistaken identity. Mr Tole: Did you nob get a month in1 gaol recently ? Witness : What for ?

Mr Tole : For anything ? Witness : Nob to my knowledge. Mr Tole : Will you swear ib ? Witness : Well, yes, I will. By bhe Foreman : He had good eye-eighb on that oighb. By His Honor : He had just undergone an operation ab the Hospital on. hia oye, bub there.waa nothing the umbter with him on the pighb when the aaaaulb was committed.

Thomas Bowden, brother of the accused, deposed to seeing his brother driving a hansom near the Savings Bank about t^n on the 29'h of Augusb. Dawaon was some distance behind him. Witness knew Grainger, one of the wibnosses for the other side. He had never spoken to this lad in his life, so thab ib was not likely he had ever offered any money to him. By Mr Tole; Witneßß had been in bhe Thistle Hotel, bub had never spoken to Grainger in there. He had seen a man named Shannon going into bhe Thi3tle Hotel. This man had worked for him. Witness had never offered any money bo a man named Ringland, nor had .he been associating wifch such a man eince the case was h'rab talked of.

His Honor pointed out that bhere was no witness of bhe name of Ringland.

Mr Cobber aaid thab Rinjjland had »beon puS down as a witness, but; had never been called.

Mr Tole : Yes, for obvious reasons. Jamea Hay ? cab-driver, who rented a cab from Thomas' Bowden,.deposed bo standing on the footpath near Laud's, the butcher, on the njght of the 29th of August, and saw the cabs coming up the street). He recognised the drivers when they got near the lamps ab Milne and Choyce's. Bowden was leading aboub 15 or 20yds, bub wibness would not swear as to bhe distance. Witness estimated they were going at the rate of about 8 or 9 miles an hour when he n'rst saw them. Dawson drew>up when opposite where witness was standing, so as to pass round the Anchor Hotel corner. Given was coming down the itreet driving n grey horßo. Wibness heard Given say when pasßing Dawson "Take thaty" or words to fchab etfecb. None of bhe cabs stopped, bub all moved on while he sbood.

By Mr Tole: Barton, the person with whom he. was standing on the night of the »Bsaulb, was formerly an employee of Bowden. He was now shearing in Australia.

Mr Tola : Did you nob swear that you left Barton aboub 10 o'clock on bhab night ? Witness : No, I did not. Mr Tole: If the depositions cay 10 o'clock, thab is a mistake bhen ? Witness : Ye«. If bho magistrate or the clerk has writben thab, ib ia wrong, for I could not have Baid that, as I distincbly said bhe assault book place ab 10.30. Mr Tole : You said furbher bhat Dawson was behind all the way up the street as they passed you, and thab you' " Baw nothing of what took place" Witness : I did nob say thab. Mr Tole : Now, I ask you to be careful. You said you did nob see anything take place. Wibness: With Bowden. Mr Tole: Then the magistrate has made a mistake.

Witness : Mr Cooper was cross-examining me, and I said that I saw nothing pass between Bowden and Daweon.

'. Cross-examination continued ; Witness saw Dnwaon subsequently leaving the trough ab bhe Clarendon Hotel whilo he was leaving Barton to go home. Mr Tele: You have made fiorne mistake.

Wibness: No; lam certain ib was Daw son whom I sawab tho trough.

The witness was then cross-exnmined at some length as to his position when D&wson waß ab the Clarendon.

Mr Tole: Why did you nob give this evidence in the Lower Courb that Given committed the assault?

. Witness : Because I thought that Bowden would be able to prove his innocence without) a witness volunteering evidence to convict another man.

Mr Tolo : You then suppressed the truth. Witness : Yen, because 1 knew bhab Bowden was innocent.

Mr Tole: Wby did you not tell this to Dr. Laishley in his office, before the case in the Lower Court ? He would not tell anyone.

Witness t He never asked me. Mr Tole: Did you ever tell the Bowdens thab you saw the assault;. Witness : Yes. I did nob tell of my own freewill. Bowden asked me, acid I told him wbab I had Been.

Mr Tale ; .Did you not say in the lower Court, "I did nob let any of the interested parties' know what I saw," now you qualify that ?

Witness: Tea. I did noft let anyone know until Bowden asked mo..

His Honor: This ia an apparent contradiction. In the lower Court you awore that you did nob leb any of the interested parties know, and now. you say you. told Bowden. Explain that contradiction, Witness: I don'b contradict, jjraftna* His Honor : Well explain. Witness: I Bay I did nob let any one know until I was asked. Mr Tole: Have you been talking aboub the case with the Bowdens ?

Witness : We have been all talking about it. Bowden and all his witnesses. John Sergeant, cabdrivor, was talking to Bowden between 10.30 and 10.45 on the nighc of the assault.

By Mr Tole: Witnesa drove for a brother of the accused. He saw a 'bus at the Rink, bub he did not know who was driving it. There were several cabs there also. He saw Michael Keenan amongst the drivers ; he went away with the woman who gob burnt. ' Witness was not prepared to say whether John Keenan or Owen McGinn were there or not.

Mr Tole: Did you say to Owen McGinn at that time, " What's the row between Skipper and Dawson, it serves Dawson right if he gets smacked ?" Witness : I did not speak to McGinn that I remember. .

Roberb Land, pork butcher, said be closed his shop aboub 10 o'clock on the night of the 29bh of August last. That was bis usual time for closing. Up to the time the lights were put out witness was in the shop, bub' heard nothing unusual taking place in the street.

John Edward Thorp, who reßided with his father in the Harp of Erin Hotel, Ellerslie, said he remembered a quarrel bebween Given and Dawson in June lasb in front ofhia father's hotel. The language used by Dawson was so bad that witneßS wont in and closed the doors of the private part ot' the house. While he waa doing so, Dawaon rushed to one door, with Given following thumping at him. Witness interfered, and Given remarked that he wouJd deal with him (Daweon) on some future occasion. ' By Mr Tole: Given made use of both expressions, that he would deal with Dawson again, and that he would deal with him the first time he met him in a quiet place. William John Bull, pork butcher, remembered Dawson making a complaint to the police in his presence, on the nighb of the'29th of August. Dawson was cut about tfcie ear, and appeared to bo pretty full with drink. Yesterday evening about half-past ten witness saw two' cabs opposite Laud's. The nighb was much clearer than the night of the 29th of August, but he could not see more than the block figures of the men" on the seats from where he was standing. He wtood near the doorway of Milne and Chovee's. Witness went across the road, iknd'Btood in front of Good's shop. He could see the cabs and drivers from thab uosition plainly. He wenb to Marketsbreeb alao, and from the corner of this street he could see the Clarendon Hotel. Mr Tole : How did you come to put yourself to all this trouble ? Witness : I was asked to do bo by Bow-don-and another man lasb night. They accompanied me to the various points. Mr Tole : What was the complaint made by Dawson to the police in your presence? Mr Campbell objected to the question, as he had no* asked the witness anything about the nature of the complainb. His Honor thought the, ijqaßtipn w»8 a fair one. r "'..'.'.' ~ , ■&• Mr Campbell said he would ask Hia Etohor to take note of his objection, as the question' w.ai entirely, costrary to the rule* of evidence.' ' " "' j His Honor said he would uphold the objection unless Mr Tole could qnota ifti authority ,on thesubject.. , - , • Mr Tola subsequently abandoned the question; ■• "■/.'• In further1 cross-examination, witness eaid Dawson was greatly excited, and was frequently making use of the remark, " Can'b a man live ?" '\ ■';'< Joseph' George Coates, who kept a shop nexb to Laud's in Queen-sbreeb, .deposed to closing his shop ab 10 o'clock every night of the week except on Saturdays. He bad no recollection of his keeping his shop open later than 10 at any' time, except on- this one day. . After the luncheon adjournment, Samuel Given, cabdriver, in the employ of Abraham Bowden^was called and examined-by .Mr Campbeli. He recollected the night of the 29th August. Whilst he was coming down iho upper end of Quean-street he noticed "DawHon and Bowden coming up the streeo. Each of the three was driving a hansom cab. He firab noticed the two cabs when {.hey reached the crossing ab Wellesleyetroet, bub ho did nob recognise the drivern until they were close to him, near Wrigglesworth and Binne. Bowden wo«b around the Market-sbreab entrance, tie was about 15 yards ahead of Daweon. When wifcueß3 waa passing Dawsoh he struck him with his whip, and said he was novr even with him for whab he,(the latter) had done to him a week previous. Daveon was close into the kerb when this occurred. After the occurrence Dawson drove straight on and witness went down the atrret. By Mr Tole : Witness had bean driving for Bowden about tea years. Dawaon was going ab aboub bhe rate of nine miles an hour whan witness mob him, and he was going at aboub five miles an hour. Mr Tola: How fur did they continue in thab order and at what distance apart ? ■ Witness: Bowden pulled up at the corner to go round to the Skating Rink; Mr Tole: Whon did you recognise it was Dawson ? . Witness: No till I gob alongside of him. . Mr Tole: Well, if he was going at. the rate of 9 miles an hour and you 5, he must have passed you very quickly. . . * Witness: Well, he pulled up slightly when passing me. Mr Tole: You efcruck him before you knew whoib was? Witness: No. We were nob going so faab thab we could nob see each other as we pasftad. Mr Tole: Have you been rehearsing you* evidence:with the other witnesses:?". Witness: Yes; I have talked to the other witnesses. Mr Tola: Where have you talked to tbem? Witness: On the cab-stands and in the stable. Mr.Tole: With Bowden and his brothers? Witness: Yes. Mr Tole : And' in M r Bates' office ? Witness : No; in Mr Campbell's office. I was once in Mr Bates' office. Mr Tole : What were you called into Mr Bates' office for ?

Witness: To tell me that Mr Cotter wanted me. Nothing was said to me about the case. Mr Tole: You didn'b give evidence in the assault case.

Witness: Yes, I did. • Mr Tole : Why did you nob own np to

that your were the man when you saw your master being accused. Witness : I told Bowden when Nr Northcrofb went off the bench for a few moments to go back and say it was I (witness) who committed the assault. . But Bowden said "No. The fine will nob be much, and you will have to pay." I have been paying 5s a week to Bowden ever since to defray the fine. I bold Bowden that ib was I the nexb morning after the assault. Bowden know that I bad done ib. Mr Tole: la ib nob trua tt»t you threatened your wifo for hating toldfaw

mother that you were in bed oa that night ab the particular time. Witness: No. My wife is,not one of those sort thab require any threats put over her.

(Left sitting.) .^^