LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 8064, 27 September 1887, Page 3

LAW AND POLICE.

SUPREME CODRT.-Crimiwai, BiWISGS.

Monday.

(Briers His Boaor Mi. Justice Ward.) ' Th* Ohikbmotu Hotsl Casb-Chabqb of Perjury aoalwbt Almcandsr Campbell.— Alexander Campbell was brought up in custody on a charge of having* on the 10th of May, 1888, committed wilful and oorrupt perjury in the evidence given by him before Mr. Justice Gillies, and a jury, in the case of Ann Robertson against the trustees of the late Robert Graham, by swearing that on the occasion of the ejectment of Mrs. Ann Robertson from the Ohinemutn Hotel, he was not in any way employed by Robert Graham as bailiff, but that he was employed by five natives, who claimed to be the owners of the hotel. Mr. Hudson Williamson prosecuted on behalf of the Crown, and Mr. F. Earl appeared for the accused. The prisoner pleaded not guilty. Mr. Sari took a preliminary objeotion to the indictment,, and read an affidavit that witnesses in this case had not been bound over to prosecute, nor had the accused been committed for trial from the lower court, and that the presentation of the indictment to the Grand Jury had not been directed by thu judge within the meaning of the Act. Th j Crown Prosecutor had applied for leave in July, but he filed no affidavit as required. On the 9th of September such bill of indictment was presented to the Grand Jury, and a true bill was found. On inquiry from the officer of the Court, he ascertained that no consent in writing by the judge had been taken out. On the 16th of September he was served with a document purporting to be the order in writing, but that was after a true bill had been found, and the Grand Jury discharged. Mr. Williamson said that some portions of the affidavit were hardly oorrect, and he had had no time afforded him to file an answering affidavit, and as it was to be the basis of argument he wished that it should be agreed upon by both parties. Mr. Earl then proceeded to argue that it was bad on the grounds he had stated, and should be quashed, and quoted authorities to show that the order not having been taken out until after the time to which it referred had passed, it should be treated as abandoned. He also contended that the order, even if a good order, was too general, and afforded the Crown ProseontOr an opportunity of presenting any indictment. In the other indictment, in which & nolle prosequi had been entered by the Crown, Ann Robertson was the prosecutor, but in this indictment Jonas Abrams was the prosecutor. He quoted numerous authorities to show that the indictment should bo quashed, as the leave of the Court had been obtained on insufficient grounds and materials, and therefore was improperly obtained. Mr. Williamson replied to Mr. Earl's arguments, contending that the cases quoted by his friend, particularly the case Regina v. Bradlaugb, on which Mr. Earl bated his application, did not apply in this oase, nor was it at all parallel, for in this oase His Honor was fully aware of, and had a right to take judicial notice of, the facts of the case, and be also oontended that the order of the Court was not tho mere document, but the records of the Court. His Honor said the minutes of the Registrar could not be oonsidered the records of the Court, nor were his own notes records of the Court. Mr. Earl replied, and His Honor said the leave asked for, as he understood it, was the presentment of an exactly similar indictment to that previously presented, exoept in regard to the error. The order no doubt was bad, on the ground of generality, and permitted of the presentment of any indictment for perjury, and he had, with great regret, to rule that the indictment was bad, and must be quashed. The Court then adjourned until ten o'clock I next morning.

POLICE COURT. -Monday. [Before R. W. Moody, Esq., J.P.)

Drunkenness. — John Thaokerbury was charged with being drunk. As he was a very old offender he was fined £5 and costs. Alleged False Pretences. — George Mason, on remand, was charged With false representation, with intent to defraud, by stating to James Rao that be was going to get £400 from a mortgage, obtaining thereby £6. On the application of Sergeant Pratt the case was adjourned till Wednesday. Assault.—A charge of assaulting bis wife, preferred against Frederick Pitt, was adjourned by mutual consent to Wednesday. [Before Messrs. K. W. Moody, J.P., ami H. G. Seth Smith, K.M.) Breach of Railway Regulations.—William Moore was charged with travelling on the Auckland-Te Awamutu line from Auckland to Westfield, without having previously paid his fare. Mr. E. S. Clendon appeared for the department. Defendant pleaded not guilty. Mr. Clendon then applied for an adjournment, which was granted, till Wednesday morning.