LIVELY COURT CASE.

Dominion, Volume 4, Issue 1196, 3 August 1911, Page 3

LIVELY COURT CASE.

AND UNPRECEDENTED. STORY OF A CROWN LAND SALE. SOME ALLEGATIONS. A case (said to bo tho first, of its kind) was called at tho Magistrate's Court yesterday, when l'atrick James Murphy, of llihitahi, near Taihape, was charged as follows;— "That ho did oiler to accept money as an inducement to abstain lroni bidding as an intending purchaser of a license of Crown lands, to wit, a pastoral run oi about 1400 acres, in the Raketapauina Block, being part Section 3 and Section 4, Block 13, Moa- . whango Survey District; part Section 4 and Sections 5, (i, and 7, Block 4, . Maungaretu Survey District; and part Section 3 and Sections 4 and 5, Block 7, Maungakaretu Survey District, contrary to tho .forms of the statute in such cases made and provided." Mr. W. G. Kiddell, S.M., was on the Bench. Detective Broberg conducted the case against Murphy,, and Mr. T. M. Wilford appeared lor the accused. Tho proceedings were not without their lighter side.

Edward Wilberforce Spooner, farmer, I near Waiouru.'said that (in 1904) he had secured a seven years' lease of 1110 acres of a pastoral run in the Wellington land district and Wanganui county. It was a portion of tho Raketapauma Block. Ho had obtained a lease from the Government at an upset rental of £75 per annum. It was Crown land. His lease would expire on February 28, 1912. In the "Taihape Daily Times" of February 8, 15, and 22 the "block in question had been advertised for license. On February 28 last, (the date mentioned in tho information) he was at the office of the Commissioner of Crown Lands in Wellington for the purpose of bidding for the land advertised, and there saw Murphy. At the time witness was in company with a Mr. Shalders. Murphy approached him in Mr. Shalders's presence, and asked him to shake hands. Witness replied that he did net care about doing that. Then, a few minutes later, Murphy said: "If you won't shake hands with me, will you condescend to speak to me for a few minutes?" Witness replied that he would. This was right at the Commissioner's door.

Tho accused (excitedly): "Be careful!" Continuing, witness said that Murphy said: "You are a- man with a large family and so am I." Murphv asked witness b give him his cheque for ,£2OO or he would give witness his cheque for .£2OO, to refrain from bidding. Witness answered that he could not entertain tho proposal. Murphy also said that. witness must not appoint anyone to. bid on his behalf. Witness replied that he would have nothing to do with'such a proposal. Complained to Commissioner. "I went and made a complaint to the Commissioner (continued the witness) and then went out to the lobby and called Mr. Shalders up. Murphy was there and 1 asked hiin to repeat the offer. Murphy repeated that he would take mv chequo lor ,£2OO and not bid, or ho would give me his cheque for £200 and I was not to bid. Shalders was, at that time', within a yard of us. Shortly afterwards the run was put up for auction in tho Crown Lands Office. Murphy was present and then said that I had tempted him. Ho also said that his limit as regarded bidding for the run was going to be ,£200." The license was put up and Murphy and he were the bidders. Tho bidding was carried to about .£lB2 or £183. Murphy said that he was bidding on behalf of himself and a man named Carlson, and, at that figure, it was knocked down to them. .

After the sale the Commissioner had held an inquiry in hisroom as.to witness's allegations against Murphy, and tho statements (of witness, Shalders, and a Mr. Watt) were taken in shorthand. Mr-, Wilford: "Have you got a vendetta against .Murphy?'—"No." In reply to Mr. Wilford, Spooner admitted that the effect of Murnhy's buying some Native property would" bo to him witness out at the end .of .his present term. ■ . ■ ■ • ■■'

Mr. Wilford: Did you state you would get even with accused?—"No/' Did you punch him in the eye, causing a wound which necessitated two stitches?—" Yes; in retaliation." You are married to a Maori?—"No; a half-caste." Did you try to get your wife, through her Maori relations, to prevent Murphy getting that land so that you could hold' it against hi,m?—"No," "Who.Put You Up to That Dodge?" Mr. Wilford: Have you stated to any people in Taihape that, if you could, you would ruin Murphy?—" No." And notwithstanding the fact that Murpliy has now got the run you have no animus, or bad feeling, towards him?— "Ob, 1 have some feeling towards him." Would you do him a Dad turn if you could ?—"No." What are you doing now? (The witness did not reply.) "I don't want an answer; you can remain silent!" Did you hear Shalders say in the Commissioner's office that you offered Murphy £200?— Witness said that he could not swear to that.

You went into the Court and told him, and then camo out and tried to get Murphy to repeat it. in front, of a witness. who put you up to that dodge?—" The Commissioner said: 'Can you. get him to repeat that in front of a witness?'" Murphy- clapped excitedly. His Worship: "That is enough." Mr. Wilford: "He is a most excitable man. I don't think he means any disrespect to the Court. I have had a great deal of trouble with him. If you had had to interview him you would know it." Murphy: "I beg your pardon, sir.' His Worship: "He is very excitable— that is evident." Murphy: "I apologise." Witness, proceeding, said that the Commissioner had asked him: "Can you get him to repeat that statement in front of some witness?" Witness had replied that he thought he could. Y'ou tried to entrap Murphy. The Commissioner did not tell you till afterwards that it was a crime?—" No." Francis M. Shalders, an auctioneer in the New Zealand -Loan and Mercantile Agency Company, Ltd., Wellington, Said that ho went to the Crown land salo on February 28 with Spooner. At the Crown Lands Office Murphy took Spooner aside, and the two conversed for some time. He heard scraps of the conversation, one item of which was that Murphy asked Spooner if he would give him his cheque for £200, and he (Murphy) would stand down. Spooner refused.' Later, in the presence of witness and Carlson, Spooner said to Murphy: "Are you still willing to take my cheque for £200 and refrain from bidding?" (or something to that effect). Murphy had replied that he was willing. The Accused Interrupts. Mr. Wilford asked Detective Broberg to go over the, last portion of the evidence again, as his client had interrupted him. Detective Kemp, who had several times previously gone over to Murphy, found the accused a at the table apart from his counsel. . .... The witness proceeded, saying tnnt at the sale the Commissioner read out the conditions of sale, aud then accused Murphy of attempted bribery. After the sate he was present at au inquiry held by tho Commissioner in the presence oi tho accused. The substance of witnesss statement was that ho was present when Murphy was asked if he would take the cheque: Murphy said lots of things, but he could not recollect them. To Mr. Wilford: He recollected clearly that Spooner said, to Murphy, Are yon still willing to take my cheque for £2UU and stand down?" That was the introduction to getting Murphy to make a statement in the presence of a wit]ie=>. He heard Spooner say in the presence oi the Commissioner that Spooner had offered him £200, and lie had agreed to Vohu' David Watt, of Washington Avenue, Brooklyn, a draughtsman in the Crown Lands' Office, said that at the Commissioner's office Sportier did not. reply when Murphv asked him if he would lake his cheque for £200. Murphy said that he would take Spooner's £200 at any lime because he wanted land for his boys. Mr. Wilford said that ho could not understand that statement; it was nonsense.

James Mackenzie, Commissioner ot Crown Lands, Wellington, staled that lie had lii-lil tlio' inquiry relem-d to" by the previous witnesses. Mr. AVilforil: J low long lias this offence existed:-' How long has Section (ill been law?—"I think it has .-imply been carried on from tlio 1892 Act." The Commissioner Under Fire. Mr. Wilford: Knowing that the offence created under Section (ill had never heon tlio subject of u public prosecution, and being unaware whether Murphy or Spooner knew that it was an oltence, and also believing that no prosecution had ever taken place under su-:,)! section, why did you send Spooner out to get wiluoss to trap Murpliy to commit an offonc??— "Of course you are putting words into my mouth.". I am putting to you what Spooner said. —"I didn't send Spooner out specially in the way yon have put it. I first said: 'I think you must be mistaken. If he lias done such a thing as that he is liable for prosecution, and I will, certainly prosecute him.' Spooner said: 'Murphy is making no secret of it. Ho is saying it in the passage.'" Do you deny a. statement, of SpoonerV that you sent him out?—"No, I don't deny it." Is it not a fact that what-Spooner lias said is a lie, and that he has misrepresented you.-—"No, I don't think so." Then is it a fact that you sent hicn out to get a witness so that Murphy might be prosecuted? Surely not. There was no renlv.

Thomas Walter Williams, a sheep farmer of Motukawa, near Mataroa, also gave evidence. Murphy- in the Box. In evidence, Murphy said that lie know a block of 1161) acres' of land owned by the Maori?. That block joined the land which ho secured at auction, and Spooner originally ran his sheep on it. Witness had acquired from the Maoris the right to graze that land, and Spooner's stock were . excluded., Regarding itho sale on February 28, he and Spoouer came down in tho same train together, and Spooner asked him if he was going to bid for tho land. Witness replied that ho was going to bid for it for his sons. On the day of the sale witness and. Carlson were waiting at the Crown Lands office for' tho sale to take place. Spooner had approached him and said: "Will you take £200 to refrain from bidding?" • Witness had said: "Yes." Spooner subsequently put tho question and got the same answer in front of witnesses.- Murphy, continuing, stated:—"l then lost my temper. I called him a mean, contemptible thing—a traitor. I saw that I was being trapped, and I withdrew the offer, to accept, forthwith. The Commissioner said he would not allow me to bid, and 1 said that if ho did not my partner (Mr. Carlson) noiild bid for me. The Commissioner, however, said that he would take my bid, and he afterwards accepted my cheque." Charles Carlson, farmer at Raketaparema, gavo evidence.

Accused .was committed for trial. Bail was allowed in accused's own recognisance of £50, and ono surety of £50. >