DISTRICT COURT, REEFTON.

Inangahua Times, Volume V, Issue 45, 19 June 1878, Page 2

DISTRICT COURT, REEFTON.

Moniuy, JvNntfrn;, 1878. (Roforo JTia Honor Juiigo Wcston.j) Bboina v. Bnoww, Ooorgo William Brown waa indiotod for committing wilful and corrupt porjury in tho .District Court, Heofton, on tho 25th April' last, Mr South proac?cu,(od for' tho Crown, and Mr Guinnenn defended, tho pvi*Q?»C"*» Tho jury having boon ompnrwllod, Mi' JfcinK wns ohonon foreman, ' ') Mr South oponed tho catfo tit norao length,, and onflod tho, following Ovidonoo, Henry liU,ons--J nm Olerk of tho Big"' triot Court, Rciiidonfc' MnKlslr.fttoY Court, 1 ond Wardon's Court nt jßcoftoa. Ji prodweo tho original papers in tho. auL»i bo» twoon Brown nnd tho Vulonn Company. I procluuaatimmonflOH dntod, lOih AuRU-it, 1878, botwonn G. VV. Brown, complainant nnd tho Vuloun Company, dofond»nt« i tho Bummonson uvo in tho W-ivilmiV Court, nnd woro to. recover lino mini ot #i) 9. nnd £&J|. 1 produco tho npponl sum« mons botweon Vulcnn Company,, nppoU lnnts;, nnd Brown, roapondont. I produoo copy of original nummon/ioH as, also, tvvo pay ahocta. | jiyir GuiixnoHs objootQcl to tlv6 udwisttipn of tho Wnudon's Court summons, (htdi December, which wn» to rocovor jfiifti^bij, tho ground thnt fluoh summons wua in no. way ttif\toriftl (aiho prosont suit. Mr South oouHontodto tho exclusion of tho document in question, Mr South thon mpvod fos* lonvo to nmond tho, indictment by tho insertion of tho words* also tho Mjmofi Act. 1 ' Mj; Gwnnpfla objpoti'd to tho ainondW rapntrqovod for, as adopting a vital pn,rt of tho indiotnwnt. Tho application waft argivod nt, , Bony* longth by counsel,, nsd bin Honor ftnnllyftdjjmrnod tho c.mp foij 1i,a,1,f-n,n»ho«,i' to, consider tho point.. Fpon th<». resumption of ttao fwttinß. hi« Honor dooidod to ornso from (tlio, indiotmonfc tho words, ''•Thp Gioldftoji^ , Aflt,*' awl to substituo thoroforo tho words HTho M'inoft Act," nivd Ihfi, onso. thdn, pro* ooodod. lionry Ijuona, owoas-^snminod^-In tho pining prodiwod thoro is n olnim for <W)ft Oin. TUo WnrdoN, upon, tlmt RUit, rivo jndpjmont for Brown for tho ITft, £M | nnd it whs ngninnt tlmtjud^mpnt that tho nppoal was lodfiod, Itodcxiiminod— Tho 17ft roforrod to wns not a pnrfc of tho <19ft montionod. Tho dooision of th.o Wardon wns Ibr plaint'fF 1 for JBftt and' costs, John Tomporley— l nm bailiff of tho District Court;, nt Itoofton. I was profionliin. tho Distriofc Court on tho 25 li April, during tho honrinpf of tho onuo Vuloun Company (anpollantti). v. Brown (rofipondoni.). l?ccollcct Brown bqinpf CA.llfld to fjivo ovidonco. I sworo him in tlio iiflunl way upon tho Holy Biblo, in open. Court, and in tho proaonco of tho Judgn. CroHs-oxnminod— -I oxeoutod a wnrrnnl; of dislrcflH for tho nmount of jud«monfc in tho onso of Brown v. Vulcan Company, nnd tho monoy wns lodgod in, Court. I'ntrick Bronnnn— l am manager of Iho Vulonn Company. 7. rooolloofc ' tho 2Sth April Inst, und.wns in. Com-t on tlut day during Iho Ijoauinff of tho oaso botwoon tho Vulcnn Com puny nnd Brown. I hoard Brown fi'wo ovidonco in thnfc onso. Ifo unvo ovidonco rolorrina; to a tnnnol in tho Vulcnn mine, called tho <l9ft 6in tunnnl. Brown hod tnkon procoodingi ngninat tho company for tho rccovory of tho oosfc of driving tho d9ft Bin. I saw Brown^worn ou, that d^. II q stated ou Qftth that Up

drovo tho 4s)f't foot flia of tunnel for the Company. No Raid he did not drivo tho tunnel on his own hook, as ho was autho« ripo.l to do tho work for tho company. Ho Btntcd that ho did not drivo tho tunnol on his own ncoount, and also that be bftd novor told tho directors that ho was doing it on bis own account, To my knowlodgo no authority was ovorgivon by tho diroo tors for tho driving on tho 49ft Gin tun* nol, ftofondnnt told Pnvios, Dunn, Gullino, nnd Gliukq that bo wn* driving tbin tnnnol on his o«fn account. Ho stated this maro than onoo. Dofcndaut can wUo, Oro«B»oxaminccWßi;of n t r*forw)^ * |o|j tho 40ft Oitl <)rivl id Wl»ftt'l/o S . tAlditbo; dirootpn.i. ho wqß^drivii»g two drivoi at tho timo, but spoko of them «opn*afcoty. Jfo doßoribo^it |toe)n^>woj'p*MriM>, nonror to tho mouth of tlio tunnol than t|io ■ \»oßt«pn drffCj" Ho Ulo TM»ta Ihtf drivownson tho loft-iiaW'siddbf tho inmtumvyl. TbUw«» to wy^lfi I«o»^ v\ A'ntfy whothflt ho gnvo the directors tho Himo (losoription. Ho said that Bom© of tjto direotorg had alithpwfod hjoi to do th«j^ror| j Ip t MK%4 *( «ay opinion ho nnid tho directors had nuthoriaod bim in < dividtmlly \ I ntti'how 'roforring jet ho dvidenco givori -fti Oouriv To fchtoWoiH^P my opinion )W tt&\\ « in*' bo* fort • • tho ; basd onmb on OiatOfillinft l»Hd ( Huai6yis6rt hitn. Am certain Hint lio sworo tlmt; bo tbld-Hio (Tiroctors i^t aeyeral mectingfl hold |iamy olTico botwoon September nnd Novembor, tjuit ft(| wnslilrifing t)f</ (untie) ofi hi^pwii neeortrit. "••M'LAtignl.m* only ai *ontf Mooting, jLjl^on^ot uny wjigjljcr, .bo. .rondo 'tho flame Hlatemonl; loMJjoughlin^l did , not say bdfiiro Iho' 'Jvf nfeistrjild ihiff Brown Htntod tbjla p^dir^tprain ibp' pjrosoneo of M'Loughliu i I understood I'ijoni Brown tbat ho was driving tliotunK nji'l for his o\|n information.. .\Von't «ny that nono of tho directors swore in Court i.i^nl the 49ft Gin drivo wan" of no,usp ip Ifeo company, Tlio'diKcctovs ro^is'e^. to p)»y for tho tunnel because thoy had not; alithorise'd I 'llii* worit';]; 1 do 'hot* Bvrfo'ar, tint tho drive 1 i's of tiso to tho 1 company ; liwon't awoflV tltVitit is of no uso ; I awoar tljnt Brown snid in tlio prexenoo of Dunn', CJlarlr^ Gullinc 't/tid J)ft'vioß ; *hat ho' was putting tho driv-o in on bis own nodottnt I produce the minute Itoolc of tho com-* puny. Tho mooiing« ) ,ofdir.oclorH betwoor\ \ti Hoptonvlwr and SHHh Dooemlior, nt wJiieH' BrWn 1 m,i»diJ- tho stat.ftwenfc ro^ fetao«3' to vl'bftniio't rt'^'ohr wholbor Browiv in ado tliostfttbmontHt tbo'meoting'on tho I'^bh Si^ptgmbor j, I will not flwonr,tliu|;, BVown hnd .ftfitrtotHhc* 40ft Oin tuna,oton - tl{n Ist Oj-tob^. trt tho , best -p/ n>y b^lic-f 1 ho* bnd 'started lii' 6 drivo on tlVe^ 26th OotaU<jr'"'nmlt6l(i i|io ; difooW* nt ', tljo'-nioirtinit on'ibftt dnW, that lio wus putting in the drivo 6n bin dwti account. Brown Bupd 7 t}io oompnny lot £99, tho ooHfc of drivWtho 49ft (3in, I)u,t tlio W clou gaVe judgment in favor of tho com* tynny. ; Urow'tv bbtniuod judjjmont' for &n.\. „ , ■ ; ' ■,',' .: ; ; .' .' .•Toh n Clark*— l nm n director' of tbo Yulcnn Company iihil I re^ol b t t «in nppral {)(iing hoard in tbis, /'Court, on tlio 25th April last, bctwoon tho Company and do* fondonfc, I ItnovV tbo Company's main drive, as also tho. westerly driyo, Tlioro flrp niord 'than, two dtiyes, ' I know iho foot Giii'drivo^ which is (liT.'rent from (liOHo ■"mentioned." I lionrd dofxindnnl give jliip ovldoneo on tbo appeal witlvreforoncb.to (ho 4,9"/ foot drivo j be swore ho was wot driving thatdfivo on bin own .account », |io ulhq sworo that, ho, nrty.oiMtold the dirootoi's thut; ho. wjw onrvying on tlmt drive on hiaowh^<HiH,i»f.:' tyy ib'oiiUbnbil. the natrtcß'. pt '.i(uitl»bj f ',' (^luVoi and M'LoHßlilin, ns hnvinu givpn him nutlion iiity to put in tho 4%. foot drive : I do ,ne t know vyhat tbft '.djfop't^H,' lii'ojr bnvo to il hirw K but 'I honi'ii JJrowa ) stalo roptatodly to tljio direotors ili'iny prcseiioo \\u\t, kfi was driviug the 4s) foot Cjiuob lw* i) 4 l on bvs own necOnnt. .Cros9-oxn>u ; fiiod--Dtffe l iii/lrtnt rofonod to the (i^.fcot 0 inch .(unnVl", by stating tlmt hciolaimod.i'lHJ for driving that di«t«noO atL-ea per foot. There yt'nn no pt/ior. fun* '..ncjl mentioned , at tho ( timo bb u t the 4,9 foot 0, in«h. one., was a,»j.othor, li.Vo ' oig , ' boinK .ortrried on <by« him' nt ihi» flnmo time. The 4ft feet Gihch tunnol hns go)t no J^i^ ; tb'jit' J nra $vAi;p'o£ Jlo rbr fcirodtd it as going in in, a northorly. cliroctlon, Ib wn» th^.olnly drive nboui 1 wlicji thoro ''^jis nnjy ( oo)ir6rßaUon!.. , I on: inpt , fitato ittjonguagai what ho cailod thp 49 foot 6 inch tunnol. He oommehcod thj) 149 foot' fi;'i\ioh iunnol botwodn tW mivldio.of. Bopiembor and tho. end of November, y I was in tho mino in Sep« tombor, and Ihb 40ft Gin drive" was eom«' raouceel tlieii, Idnro any thoro was, Cffc of tho drivo donoithon; I don't romembor wlicther I fipbko to Him' nboufc tho drivo ; Iboliovol otntod oh the heaving of tlio appeal that Brown was putting in tho. 49ft Gitv drivo booauso be could niftko more nionoy out of it thnn Iho. main drivo ; I fiwore on ,tho lasl; hearing that tho 49ffc Gin drivo was no prnctionl uho to-, tho com* pnny, ns no truck could bo got into it, nntl as.tborawas.no approach to it; tho oompany did-UHo tho 49/t Oin drivo for a short tinv\ We had tonltor it so ns to. got n truck into it ; it was no u«o as it was ; Brown did not Rny at tho formor hearing whothor. tho dirootors authorised bim separately or conjointly . tliero was a BO'OJvllod contract wboreby Brown, wns to put in two tunnolB ; ; thoro wns nodofinito understanding as to Brown being paid' for, tbo work if ho got slouo in tho tunnol. 1 think th 6 meeting of tho 26;h October way lljo lust at wUicli Bx;owq attc^dqd,.,

Dftvios, Gullino and Dunn, wero present at tho mooting in question, Ito-»examined— Brown drovo tho 49ft I flm ol tunnel without nny authority from tho directors, nnd ho sworo that ho had boon so authorised by thorn. Mic|inol Punn— «l am a dirootor of tho Vuloan Company, and know tho dofendnnt, 1 novor gnvo Brown authority to drito tho 40ft Bin drivo roforrcd to nnd ho wna ncvor bo authorised by tho other directors in my prosonco. Jtobort liSvnns Qullino— X was n director of the Vulonn Company. X know Brown ho had a oontrnot to drive tho main tun* »ol Utttil ho found \\\o jcof j I know the %W<& fyA, »»d tfav* had oonfersatiW with Brown concerning it} I do not ro. collect having over authorised Brown to majc^jhetdriv^ or having hoard any of tho directors authorising In'mj I wai viittiflff-ibo-mtne occasionally and did not stop bim »o thai I hcquioflood in tbrf work. If Brown «a : d Mint I authorised him aa> an individual it would bo fnlgo, it might lie tru/s if Uo sworo ho was authorised by ijii oontraot to , da »o, X nov, or gavo Brown R^yinstrwotipnY to put in tho drive, and if ho sworo that I did, it is not truo, Cross.ciwnitaed^-I do not reedlioct I rp,^ stnfcjiig,nt nny mooting of directory nt'wiiiofi Inttpflded, thayiewas putting tbiadfite to ottbis own uoooqnt; I think I attended fill tho directors mooting* between Soplombor and Qctoborx Had ho made* fiuoh .» statemont I should Jmvo |hpnrd him. , i j Ko»oxamiuodrrHiwc board Br,own any frequently that if. the directors would not p^iicdj'ho' would "proeWl on hid otvii n^oount ; I novor heard him say ho would dHvoon his own account.. ;,., , • .: |H|y the Jury— Drown l 'waft supposed la ■observe and follow tlio ' inslhiclions of t|jp diroo^prs^but.hb was nllowod some Intitudo.thaving boon previously manager ohhff mirtol' 1 """ • - ' ' , ,', Tiinq^^'^ouHhlinr:^ am not now a d roolor of tho Vulonn Company ; Iknow jflirowh'i lie? was "hot. noting um'ler nny insti'UQlions''Froi»!tiiq .dirgetorfl ; Ido not ngreo with all tho last: witness has stated* Bjrown was employed ns a contractor, to dHyo i.Bt P9 much, por foot $ho had no an* tliority to drivo tho dOi't. Cm drive, ; bnd n conversation with Brown bqfore ho slnvtod tho drive,' i)iid tlio directors objected, nmf pftor tho drivo war. in 10 or 15ft defendant' WrTfl ho- wns putting it in 'on his own hook. Novor. hoard Brovrn sHy heforo tlio lnw suit ,w«s started; that h£ was. nuihoriscd to put in tho 49.1 Gin d^» ■'■' ■ ; : : , , ■■'. ,i" .''"'■' ■'• jCroßß'-ojsamujbdir-*lJrow,n nevpr told me ,tlmt Unlo^H .the directors paid* liim foe would pull Iho timber down ;''l novor V^iisidor it. is in a good . p'lnco; never told Brown that I would try ntxf get tho dirocioftt to contmno tho 49fd Oln drive. My btiaiiicss nt lh« mino was on my own noooiuit i never objected to Brown's putting tho drive ill. , Louis I.)MvioH»— I wm a direolor of iho Vulciiu iioiupnny'; 1 know tho. 4 tot flin rl^ivo rerci'roJ Jo ; T filwnys (ionNidoroil that thofompnr.y had to, pay, Brown for driving that tunnel. I To -hud. n cenornl authority to drive wliflrftho liked ; ho cnld onco if they would let him drivo wTicra Ko liked he would not chargo unloss ho got fitone, Ho put in soyeral drives for whiflli lip did not olmrgft tho compiiny ; I did not nuthbjiflo hini (o (jrivo that piir-* tioular :«|riy,o, but <o)d )\\m, 1o go wl»e»o ho c<>ul<l «rt, stone; I conflideroil him entjt'lcdl^pfty^ontr for v tli^i'i9^ Gin drirp. ; N;ever hoard Biown say that he wns 'dr'ivinßi'llioliDl/flini'oh'liia 6wn nftdonht. ' think- Work 'war •thoul linlfa dozen smnll drives in on the left bnnd sido of tlio innin drive. Brown bid mi tiiht'hW wis putting -thW &7ft dr)vo r on his own nccMmt; on tic completion of? Brown'B contrncls tbfl dirootors went up to m^ftfiuro tbo Work s tboy mensured <ho 49ft Gin driyo ; noycr board, nnv» |Wng dbout paying <Brown for tho work, until tbtt •■'lrtw'lttit't.' lil»Vo ! know'h Brown For |ton l '^eaW, i ( Jlcvor know'tuiylbing wrong of |urn ns to his v.ornoity, Novor hoard' Brown* »tat« at any of tho dirflerors mcotinga tlia ho was driving tho 49 ft (Jin on hU oWn account. Re'PKamjnpdfp^ljo company took np tlio coiUraoi frotu Brown, and mcasurod tlJßworfcHotio. 'Thid ol<jff<id iho eatfo for tho prosecu* tion, .. , [_. ,"../ , •'■ ThojfoWowing'Cvidouco was called. for iljo Hcfonoo. !"'■'•■ ' iChiwlea Williiiitis— l am ft tninorind wns working ih Ibb Vulcan* mino for Brown. I know 1 Mr IVt'Loughlin by aipht, nndiwaa in Iho .fltaithy whon ho name tlioro, and had: a convovflntion with Ih'own. Ho said that if tho directors worn of tljo samo mind ns Mnis'olf thoy would continno tho drivo further ; I tindorstood him. to refer to tho 49ft .Gin (Uivo> Thoro was a stoppngo of Iho worki nfc tho timo, 'Novor hoard) Brown soy ho was putting tho drivo in on his own ftCOOUllt, Croon oxaminod-rMino manac[ors don't work, thoy work somotimos. Brown got tho timber for tho 40ft Gin drivel H. W. Knithby — I wna formerly a, director of tho Vulcan Company } Brown had a contract in tho company. Brown hnd no gcnoral: authority from tho dircotorstopufc in branoh drives ; If Brown advised a branoh drivo it would doubtloßS havo boon put in. Fvorything was left to him. I know nothing of the 49ft Gin drivo. At tho time 1, was i\ direotor Brown was olotbed with a floncral nutho*

This olosod tho-enso for tho dofcuco. Mr Guinness then proceeded to adddrosa, the jury for tho prisoner, arguing that as no ono of tho directors oould swear within his own knowlcdgo that any otbor dircotor hnd not authorised tho disputed work, tho weight of evidenoo to scouro a conviction, nnmoly, two witnesses, was wanting, Mr South having roviowod tho ovidonco at Homo length for tho Crown, nnd expiainod the law bearing upon it, His Honor charged tho jury. Ho said it was not hia intention to detain tho jury by any lungthy romarks, but tho irsapwafl an important ono, inasmuohaa Hl6 ftrimo of porjury was ono of Iho Tory gravoit nature. Upon tho ontha of our mon out daily lifo and prospwta do. ponded. Wo »ro each and all wiiti of n groat body— Man, and must hangtogothor arid tt was for ihU prinoiplo of banging tbgolhor, nnd mutual depondenoo that the English people woro admired. In our Courts and our own land foreigners looked np to tho administration of jjtutioowith oonfidonoo and felt secure, abd why P booaun© they weoito tbnt jofltioo «nd protection which it was tho prido and duty to uplwld. In this light , tfton much dopendod \>pon tho otth of a «|nglo individual ; tho vovy acourity of pvoporly and liberty, and lifo itself hu.ig I uport the sanctity of an oatlu Ono singlo oath could turn fclio sonic of Justice against a man, or, it might bo send him to eternity, It wns then for this broaoh oF moral law that tho prisoner was charged, and regarding the ermw in tho light of its serious bearing upon the wel|; beiiiß df s6ei«ly nt lurgc, it wna a duty to suppress it with n heavy hand. Mr GuinnoHS bad said that bcoauso tbo Oampany had not been wrongod by tho prisoner's oridmeo on tho original hearing, that tliereforo you should not closely weigh tho oliargo. Snih a dpctrino woultl bo a most dangerous ono t<i countenance^ imk) could not bo upheld for a moment. Ho could hardly behove that counsel was serious in uttering such a monstrous proposition. Tho onso for tho Crown ns far ns it went hnd been mndo out by »ho crossoxtiminntions of defendant's couni>e>. A dpubt had, however, boon east upon tho onso lor the Crown by the evidence of Dnvi,W» f ,Gullino and it wouM bo for the jury to nay whether from tho whole of tho surrounding circumstances prisoner wns not entitled to it. Thoro might bo grave reason to suspect that prisoner did not speak tlio truth, but m the evidence for tbo pvosoculion admitted of n doubt, the matter wuh for tho jury to seriously consider. Under nil the circumstances be (his Honor) would venture to suggest to the jury that they might giro tho prisoner tbo benefit of the doubt nnd acquit, him. The jury, ultor a short deliberation, noqnith'd tho prisoner. Hi* Honor, in discharging Brown said thnt, two directors having sworn one way and tw<i the other, a doubt hns been created nn 1 prisono* 1 had had tlio benefit of it, but he (his Honor) trusted that it would lit- n caution to him nnd olhoi'H giving evideneo in that Court. TunsDAy, Juno 18th, 1878. KrOINA V. GIHABD. William Girtrd wns charged with committing wilful and corrupt perjury, in tho llesidont Magistrate's Court, ltoofton, in the ottso of Jones v. Girard, lizard on tho Oth April last. iMrtJoutli prosecuted ou bohalf of tho Crown,' and Mr Keid dolondod tho prisoner. ' jTho prisonor plendod " Not Guilty." Mr South hating briefly oponod tho case for tho prosecution, called the fol* lowing euidonco :— Honry Lucas— Clerk of tho llc«idcn< Mngistrttle'M Court, gave formal ovidonoo, olid produced tho original summont and papers in the oaNC. By Ilia Honor—Tho Magintrato's vordiot in tho cnno of Jones v Girard ia not entered in tho plaint book nor recorded upon tho summons. Edmund Tay l\«rry, who wo* acting as assistant bailifl' to tho Magistrnto's Court at tho honring of the caso of Jonos y. Girard, proved baying administered tho oath in tho umuu! manner to tho prisoner, and further that prisoner Baid that ho did not know Jones,, tho plaintiff in tho case. Prisoner said afterwards that ho hod se«Q .loncs about n pnck*sndd;lo k rrinoncr at first denied thnt ho had ovor been in Jonos' shop, nnd afterwards Admitted that ho had boon in Jones' shop about a pnck'S&ddlc and bellybnnd. He further oaid bo had ncvor givon orders for tho work sued for. Cross«osatninod by Mr Boid— -I know tho usual form of oath administered. I would swoar that prisonor wns sworn- ! upon tbo Holy Gospels, but I did not look nt tho book. I' cannot swear to tlu> ' particular book. I swear it wns tho Holy Gospels. I will swoar positively that ho ! was sworn upon the Holy Gospels. I was many times sworn upon tho snmo book mysalf. Thero wns no particular mark upon tho book, they nro all very mneh Hike. It might have boon changed. Box oolloct prisoner saying distinctly that ho saw Jonos about stuffing a pack-saddlo, Edmund Shaw— l nm Bosidont Magis* jtrato nt Hoofton. On tho Oth April I presided at a enso of Jones v, Girard and 'dolivorod judgmont for plaintiff for tho amount sued for. K. T. Jonos— lam a saddlor. On the dny in quastion I sued prisoner in tho Magistrate's Court, Boofton, for tho sura oi £2 4a for work aud labor dono. Upon,

defendant going into tho witness box ho distinctly swore that lio did not know mo and lind not soon mo boforo. Ho also denied ovor having boon in ray shop, but later ou admitted that ho was in my slio|» about a paok-saddlo: I uovor repaired a pnokusaddlo for him. A boy named Thompson eallod at my shop and loft somo harneas belonging to Girntd to be repaired. I did not touoh tho work nntil Girard called and authorised the works Ho called and pointed out what ho roquirod to bo dono. I subsequently delivered tho bi! J[ of particulars to tho defendant, and ho told mo then that tho charge was Tory liberal, and promised to pay tbo account, on tho following day. Ho did not tail and pay an promised, and sotcw) days later saw him and no said ho did not intend <<> pay that ho bad boon informed that bo ought not io pny mo. I said I would sommons him, and he said I could do m> tbnt bo would not pay tho bill. Cross-examined by Mr KehJ— Ther* was no ono present when I delivered tli*> bill to defendant, llobort Thompson gavo oorfoborativo evidence, Croas-exnmined— Hnve known prisoner for somo timo. I always ♦haugh* that h<* was wrong in his mind, I used to iain<l cows near his place, and sometimes ho would talk a lot of nun talk, and oihor ti»o* he- would not talk to- me for weeks. Be-examined— lt ia about Iwc yoars. ago that be talked tho rwnmy tusk tome. Thomas Plaseott also Rfttfl corroboMtivo- «v ; denr.e. Cross •cxnminod by, Mr Reid — .Tone* eamo to tho disi.riot after Christum* Ins!. I huvo had a good deal of experience of Girurd. Ido not think much of hi* stnlo of mind. Ono day 1m will tell you om» thing, and next <luy quito tho opposite. This closed tho c&jo for tbo prosecution. Mr Held then oponod tho caao, and called tho following evidence Alfred 1 Smith— l nn> n dairyman living wsar Roeftou, nnd havo known Girard lor lour or i\»Q yenrs. Defendant live* in si secluded placo, and on ono occasion Ijvo years "go n« told me Unit ho was goinsj to pig rsro, Ifo had only about an aero and n half of ground, but. he said ho was going to out chuff anil oroofc >\ water whool. Tho idon was ridioulnu* ;■ nbout eight montM ago ho eamo to mo nnd asked mo to write ft tolcgrnm for him to apply for 25,000 norm* ol land on tho tops o! tho hills as it \\;\« go.ul /or fattening o«ttlo 5 I did not write tho tiili"* gram. Saw him on tho dny nflor the mvi donU Ifo Doomed wry mnch nlrunk altered tJiia bo would' not say cood morning to me, nnd mod to linng bis hond down nnd talk to himself} I havo found him right enough . nnd truthful. By bis Honor — The man omrlod on hrn business in a very Hlrnngo way ; tho man \\*M to pasa my plnco ut C o'clock in tho morning wliirOi was a very onrly hour. ]to aopmod to deliver his milk regularly. JIo did not always oui-vy out tbo n\ilk himsaK. Ho lived in n Hl'Dngo minuter, and for his slrnngo conduct I li«<-d to visit him to too if ho wivs niivo ; I could novor sco nuything in thnhnu*n lint i)i> Unlo? novor *nw nuythiitg to oat in tlm )n«itio. Iltf was living in this m>iiincr for four yi'iicu. IFo ueed to spenk nbnur roltyhn nnd dnw characters of tlifftroiit prophots. This is nlio»t two yean ago. John Pick—.! ant a butcher, nnd linvo known tho rlofciulant for nbout t'tx yours ; f usod to live close by hi* plueo. No win in m v employ for a timo j hid conduct wm p.>oii* linr. Ono morning I awakened him, and having returned with the o^w.i found that he I'.uil olonrrd out hlnnkrt* and nil. Tho rivor wim very high at tho time, but ho crowod it I don't know how ; unw him a'»ont sir week* Irttor, I hud no MMtlcmrnlwitb J.im } thoro was a fow pounds coming to him, to I wont over to hi* plnco, lonwn tablo 'idl offucin barrios in tbo lioihc, but there w " nothing olao to out, I coooyod but got no 11 iswor, but I saw him hiding amrtnpot tho Im-iuiolics of troo*. Ito wns quito bluok with oh mo-il nnd dirt. Ho usotl to run nway nnd h-do whonovor anybody wont to Deo him. lie (aid ho , would como up nnd settlo with me. I offered him n contniot, whiuh ho accepted, and eamo up nfowdnyit uftor. Somotimo* ho was vory tnlkatiro nnd again ho would no' «penk to anybody. ll<> run nway from mo tho i<ocond timo , 1 coiuitJer his mind i» utill il.ilontivo } I lout him my cow« nivl helioro h »<l it not boon for that be would l» in n limits i« .him long ago, Ho aomptiiuiM gflts rory 'X.-if.'d, By hi* Honor— l lo,t him my mm iwlro months ngo, nod ho Inui thorn whon 1110 m-A* dunt ocourrod. Cri)B*-oxan>tncd— lTo used to forest to cutt on hi* ouitonwn, Ono twin oftotvd prisoner' monov for milk and Oirnrd would not li»ko it saying lift hud boon paid. Jio-cKaminod— Prisoner was very honest nnd hart) working. Angelo Cfcrweto— l nm ft felbnonger nnd have know»d»fendant for about thron yoars. Had an arrangement with him nbout some of My cattle ; I was to provide the cuttle, nnd ho wns to miad thorn for half profit. He said ho hnd good land in the ranges, nnd I wont to sc« it. Wo went about five miles up> a gully, ami ovor mountains ami thon ho pointed nut n. spot about 6»ft square and snid that? was tho Rood feeding country ; I snid I would not go any further with him nnd> ho said ho know a short cat to his hut, so I followed him until I could sjo wo woro going down tho Groy Valloy, and I would uotgo any further, so I turned nnd ha followed mo and wo ronchod tho Inanga* hua. From this T concluded that ho was of weak intellect, S. M. Maokloy— l am n settlor in tho Groy Valley ; I hnvo known defendant for eight or nino yoars. Ho was in my employ for two years as a lnborcr ; Tt was quito evident that at times lio was slightly deranged particularly after being excited, He onco left his employment for a dny and n night nnd lived iit tho bush. Ho ofton said ho bad chopped wood whoa ho had not, nad I believe that bo ronllv thoogbt ho had choppod it. Ho had a doltwion nbout porpolunl motion. It wns tho general opimou that bo wna a shingle shorty Matthow Willing — I om a minor resiiliug at Nobles, in tha Groy Valley; [ was working with defendant twolvo yoars ago, Part of tho timo wo lived in tho samo hut.. Mnny things occurred whilo ho was with mo to lend mo to boliova that ho was v shingle short. On one occasion ho told mo ho had £5000 of gold in the bank. H\3 really believed it for two years. Cross-oxamincd— lt wns generally tho morning that ho spoko of his mother, and used to sny that ho had dreamt about her ho novor npoko about any othov of his relations: AUca M'Guincss—l. know defendant

and Havo Ikhl frcq'iout convorsutionx with him, and fonnnd tho opinion Owl Jio ia ab^nt-mindud. On ono occamon lie HHkod mo to tnku a fiommiHsion to hoII rhnlT, hay. «.i)'l out*, and tlm next dny )>c don'Kul cv«<r hiving spolton to mo about iho oommiHflion, Thin flloHod tho cmo for iho dofonco, Mr Itcid then prormlod lo nddrcßß tho jury. It was not intondod ho flaid to not up »i ptnn of miiftnilv for tho defence Tho di-fencfl wnfl tlwfc tho dofrndurt wna ammi of wo/I k intcllcflt, and had mot with m flci'.idrnt which had nnu^fJ mental dflr«n.«omi'»it, i\m\ while laboring und.tr rhat infirmity, ho hud commit! orf tho incon«iHtonc»(>« hliowii in Inn evident. Horflforrod to tho abwnco of propor proof ah to tho mlminiitriiJion of llieoniu, ond finally, aakod tho fury to flonnidor wliollior a'mnnof ruoli nntocodonta «ould l/« held reipoiHiibi'j for hU Blfltomoniß. Mr 8011 th Hiiamodupt'or, tho Orown rnHior adrorßoly. „ . f'KiH l!onor'«l«id«mnnt mi th.fl oaso ih iwiroidnbly liol«lov.;r until l?ri«l»y^ Tho (Jowrt then iid.journnd nine die,