RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3636, 8 March 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day

' (Before Captain Preece, R.M.) REGINA V. CHRISTY. John Christy Avas charged with that ho did, at Napier, on the 26th February, falsely, -wickedly, and wilfully and corruptly committ wilful and corrupt perjury in tho testimony he gave upon oath in the hearing of a certain information before Captain Preece, R.AI., by then and there swearing that he did not on the 20th February twice knock down one AYilliaui Neenan. This case, it will be remembered, was adjourned by consent from the 28th ultimo. Mr Cotterill conducted the case for the prosecution, and the defendant Avas represented by Messrs G. E. Lee and H. A. Cornford. The first Avitness examined Avas AVilliam Neenan, the prosecutor in the assault caso out of which the present action arose. His evidence was, in effect, very similar to that given on the former occasion, and already published in these columns. By Air Lee : I think I slept on some part of the road that night, I Avas so weak from loss of blood. I could not swear, as I was confused. I could not say Avhere I was when I aAvoke. My first recollection the folloAving merning was finding myself on the road yoiinr toAvurds the police station. I am sure I aid not go to any hotel after leaving Air Christy's, nor try to get into one; that is, as far as my recollection serves me. I next saw Purcell either before breakfast, at the breakfast table, or a little while afterAvards in Air Barrow's hotel. From the time I got up on the morning of the 20th February I had twelve or fourteen glasses of beer, big or small, more or less.

I had nothing to drink Avhen I went into the defendati't place on the "first Occasion. I did not--'drink with or: shout; for other people there. The money Avhich I paid to Christy later in the evening was not for drinks supplied on-the first occasion. He never spoke to me. I did not Avrcstle Avith the defendant., Iliad no recollection, and was powerless.:besides. I have no recolleclcction of getting-out of the hotel passage. -< The first I knew I Avas lying outside Avith the defendant kicking me. I had not sense enough about me to observe where I was lying. It might be eight or nine feet from the hotel. 1 have a slight recollection of Purcell lifting me up AA'hen the defendant was committing an assault [described] on mo. That was the last I saw of Purcell that night, as near as I can recollect. Ido not recollect going to. the water trough to bathe my face. I did nothing of the sort. I did not see Air AVaddell until Reilly and he brought me back into the defendant's hotel. Mr Waddell never, asked me what happened my face. The only words he used AA-ere, "I am a detectiA'e ; you shout, and I will sec you right." I did not tell any one what happened me, nor had I any conversation with him except Avhat I luivo stated. I thought he was a detective when he said so. It did not strike me to tell tho detectiA-c I .was assaulted. I thought the proper course Avas to go to the police. The. first place I Avent in the morning Avas the police station, where I gave information to Constable Cargill. ReiHy threatened to pumsh me worse than Christy had done if I did not go back to the hotel Avith him. When he and

AVaddell overtook me I was on the road ten"' or twelve feet past the mill, and going toAvards the Avater. They marched me back betAveen them. By the Court : I recollect being knocked doAvn tAvice by Christy. I may, hoAvever, have been knocked doAvn three or four times. . I was struck severe bknvs, and was not f merely pushed. I was also kicked at tho back of the head, and bear the mark of the kick yet. It Avas Christy that kicked me. No one else assaulted me but him. He was in his shirt sleeA'es at the time. Alargaret AVaddell, wife of Air A. Waddell, living in Shakespeare road, remembered the CA-cning of the 20th ultimo. On that night she was standing in the door of her husband's house about half-past 10 o'clock. Witness then noticed a man running out of Christy's hotel with Christy running after him. They ran towards tho Spit. *Wit» ness's house is situated on the Napier side of the Shakespeare Hotel, on the other side of the road. Did not notice Avhether Christy pushed themandoAvn, or whether he hit him, but witness saw the man fall down. AVitness did not watch them any further, and did not knoAV what became of cither of them. She went into her house. Her husband was not at home then. Witness did not "-o into tho house immediately after seeing the man falling. She was near enough to see Avhat the men ivere doing. Christy went into the hotel after the man fell. Witness did not see the man rise up before defendant Avcnt back into the hotel. Only saw the man fall once. There Avere several people—two or tlireo witness thought—sitting on the scat by the hotel door at that time. Coidd not swear to any of them. AVitness saw no one I passing down tho road while she stood at her door. About five minutes elapsed beforo AVitness came out again, when she could sco \ ' nothing of Christy or anyone else on tho ,Ai road. '! I

By Mr Lee: My house ia opposite Mr Kennedy's. There was a cab standing in front of Christy's bar. I could see tho hotel passage door from where I was stand,*