POLICE COURT.—Tuesday. [Before J. M. DARGAVILLE, Esq., Justice, and his Worship the Mayor.]

Daily Southern Cross, Volume XXVII, Issue 4402, 4 October 1871, Page 6

POLICE COURT.— Tuesday. [Before J. M. DARGAVILLE, Esq., Justice, and his Worship the Mayor.]

BRUKKARD3. — John Fowler and Ann "White we*e charged, with being drunk, ana, were each fined 5s. and coats. u) Perjury.— -Robert Humphrey Stevenson was charged by , Solomon Fernandez -with, committing wilful and eorrupt perjury m the catise of Fernandez v. Cr«»bie and othe ™ *' the Supreme Court on the 21st Julie, 1871, (the Hazelbank case). — Mr. Hesketh apJearcd for the defendant, arid applied for an amendment o£ the information inasmuch as the trial had occupied three days, *nd it had" not beon shown in which expression the alleged perjury had been committed,— Mr. Sheehan conducted the prosecution. A d». cuasion ensued, when ultimately the case was adjourned for a fortnight, to the 17th instant. —John Crosbie was then charged by George with having committed a , similar offence. Mr. Hesketh, who appeared for the defendant, took the same objections as in the preceding case, and asked for an amended information.— Mr. BrookBeld (with him Mr. J. B. Russell) appeared for the prosecution, and stated that this was not a trial, but a preliminary investigation. He objected to the alterations proposed to be made in the information. — A long discussion- ensued, •when many authorities were q uQ^ counsel on both •ides.r-The Bench) ruled that the information in its present form was -valid; yet ,they though^ wore definite particulars should have been given, so that defendant might hav« been prepared to combat the charge brought against him.-'/Ehe information wa3 amended as desired, when Mr. Croabie was charged in the usual manner.— Mr. Hesketh then stated that, since the information was amended, he could not appeal for the defendant, as he would need to bo a witness in the case. The other witnesses besidos himself were at Grabamatown, and therefore' he could not go on with the case, and asked that it b8 adjourned. -Mr. Russell replied at some length, urging the Bench to proceed with the investigation, and if nccesaary to send the case to the Supreme Court for trial.— The Bench considered the proceeding would be a harah one to go on with the case while the defendant was unrepreBenced by counsel, a»d his witnesses were absent. The Bench further suggested that the evidence of one witness should be takon f and the case then remanded until 'a day convenient to .both partios. — A rather long discussion ensued reapeetingcosts being allowed, Mr. llussell claiming them, aud Mr. Hesketh opposiug. — The Bench wanted to be shown that they had authority to allow costs in such a case as this— before the case was even heard.— Mr. Biookfield refused to have the case adjourned. If the Bench drove the case out of Court, there were dther steps which could be taken. Ho did not state that as using any threat to the Bench.— The Bench ruled that the case wa9 adjourned : all that was to settle was the day to which the caso should be adjourued to —Mr. Hesketh thought his friends should take the course they hinted at, and get a writ of mandamus issued. He thought it would bo difficult to persuade any Court lo issue' such a writ when the Bench felt there were reasonable grounds for sustaining the application for adjournment. He would suggest Thursday week as the day to which the Ctiec should be adjourned. — Mr. Brookfield said he did not cousent to any adjournment, Bave ou their own terms. Three witnesses had been brought up from the Thames, aud all he asked was that they might be allowed a reasonable amount for their expenses. — The Bench asked to bo instructed as to their power to allow costs. — Mr. Brookfield urged the caso to bo gone on with, as the simplest wav to got out of the difficulty.— The Bench asked if Mr. Brookfield would allow the costs to abide the result.—Mr. Brookfield replied in the negative ; as in that case, should a conviction fellow, the colony would be saddled with the costs. They were quite prepared to go on with the case. — '1 he argument was continued for a considerable time, after which the Bench again askad Mr. Brookfield to name a day to which the case would bo adjourned. — Mr. Brookfield objected, and wanted to go on with the case. —The Bench : If the day is not fixed, the Court will fix on© arbitrarily. You have driven, them to this course. The hearing of this case stands adjourned to, thia day week.— Mr. Hussell asked if the Bench would allow ootta, to which uo answer was given. ,-rThe, defendant, was admitted to bail, himself ia £50, and sureties ,,yi £25 each.— The Court theu, adjourned.