AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLIII, Issue 13193, 2 June 1906, Page 7

AUCKLAND SUPREME COURT.

A FEMALE PERJURER.

ADMITTED TO PROBATION.

THZ criminal sittings of the Supreme Court for the Auckland district were continued yesterday before His Honor Mr. Justice Edwards. The Crown Prosecutor (Mr. J. A. Tole) appeared for the Crown. Annie En"right, wlk> had been found guilty of perjury and remanded for the probation officer'» report. was brought up for sentence. Mr. Brookfield appeared for the prisoner, and asked for probation. His Honor said it was extraordinary how the prisoner committed this very gross perjury, especially in the teeth of tho fact that she had heard the evidence of perfectly disinterested witnesses, who swore ths exact contrary. The offence had not done anyone any harm, and in the circumstances it could not. Prisoner had already beer four months in prison, and the probation officer's report stated that her conduct, had been good, and she had volunteered to work. He thought the four months' imprisonment was sufficient punishment foi the crime. His Honor then admitted prisoner to probation for'l2 months. ALLEGED THEFT OF KAi-.i GUM. A middle-aged man named William Small (defended by Mr. J. R. Lundou) pleaded not guilty to stealing, on February 12, at Henderson, 101b of kauri gum, and further that he received about 61b of kauri gum, the property of James Grant. i Evidence foi the prosecution was given by .Tames Grant, who said that on February 12 he found his canvas whore cut open and the gum stolen. In consequence of inquiries he accosted prisoner, who denied stealing the 'nun, but on being taken before the storekeeper admitted selling some gum, but that he had received it from mother per- i son and sold it for him. Witness identified the gum produced when at the store, and the storekeeper said prisoner sold it to him. ■Prisoner then denied he was ever at witness' whare. In reply to Mr. Lundon witness admitted that, it was the custom on the gumfiolds for those, who held licenses to sell cum for. those who did riot haw a license. Small he knew had sold gum. ■ He admitted bavins served two months for asking a clergyman for a pair of blankets five year.; ago.' ..." Jeremiah O'Sullivan, gumdigger, identified a portion of the gum produced as that which he had given to Grant in payment foi a Joan of money. Other evidence was given in support .of tho charge. For the defence Mr. Lundon urgijd that there was no evidence that Small had sold the gum. After an hour's retirement th: jurv brought in a verdict of "Guilty" on the charge of receiving gum knowing" it to have been stolen. * ; . Sentence Was deferred until Monday morning. AN EXTRAORDINARY CASE. '' SELLING A DAUGHTER." Some very.--peculiar circumstances . surround od.< a. case at the Supreme Court vesterady in which Walter James White", a man about 50 years of age, had three jerious charges preferred against him iu regard to a girl under the age of 12 years. Mr. Iked appeared for the' accused, who pleaded not guilty. The evidence in the case was given by William Tynian and his wife. The accused, it appears, " came in" for several hundreds o» 'pounds early this year. In March last the accused married Tyman's daughter. On April 21 the accused came home to where both families were living in Grey-street, lie was under the influence of liquor, and during the night committed the alleged offence. It was stated' that the accused's daughter was about six years of age. • , In T answer to Mr. Reed Tyman said that toe accused had not bought furniture for him, but had done so for his (accused's) wife. He was' not sponging on the accused, and had never received a penny from him. Accused bought a £45 piano, which was at present in the'house. He (witness) did not think he. himself had earned £5 since accused received his money, ... ... Mr. Reed asked the witness a question as to why he took White's horses from vwhere they were stabled. •' Tyman pulled out a letter, and handed it. over. ..-Mr. Reed : I think you have made a mis- ' take, but, however, it is rather a fortunate one. It is a letter from solicitors in Palmerston- North saying that they could not give particulars of White's property without his' authority. ,'Tno.' letter was dated April 26, a day after the alleged offence. • His Honor: What were you inquiring about White's property for?-—Well, I wanted, to know who woul™ support his wife and child. Mr. Reed (to witness) : What was your object in giving information to the police'' Witness: It got "noised" down tit* street by the children, and I thought that I would be liable for withholding information. Mr. Reed: Has this man any money now'/ ■ Witness: I believe he has another £600 coming to him. . Mr. . Reed : You've got all his visible belongings? Witness: No. My daughter, his wife, has them. in answer to Mr. Reed.Tyman's wife said that when her daughter was married to the accused she was 153 years. ; She did not know why the girl's father had given the girl's age as 17 years to the registrar of marriages. She could not give the reason why the girl was induced to marry the accused. . Mr. Reed: She has not seen him since ho has been in gaol? Witness: No; she lias had enough of him. Mr. Reed: A month was enough, and the ■would like to get rid of him, but you would • not like to lose the furniture? Witness: She does* want- him or the furniture. He can take it with him. Detective McMahon, who arrested the accused, said that' in reply to the charge the accused said he knew nothing about it. Mr. Reed, in his address to the jury, sa d that the whole case was tinctured with '•elfinterest. and he would not be doing his duty if ho did not press very forcibly "upon the point that the case was invented to get rid of the accused. He referred tc the hasty marriage and the false, declaration that was rnado to [he registrar of marriages. "Within a month of the marriage they had laid this charge against the husband. Th« prisoner, on oath, said he was in his fifty-first year. He admitted that lie had the child in bed with him. but said that it was the custom for tilt, child to sleep with him. He never interfered with the child. On the night of the alleged offence he was asleep until awakened by Tyman. Tyman made no charge against htm at the time, and he knew nothing about it until May 5, when he was in the lockup for drunkenness. -Mr. Tole: Where is the mother of tho child? ' < ;•

. Accused In the Salvation Army Home, I think. Mr. Tole: Have you another wife living? Accused: I may have. I may have a dozen. His Honor: ' What do you mean? Have you a wife living? Accused: I don't know. Mi*. Tolo: Have you been married before? Accused: Twenty years ago. His Honor: "When did you part with her? Accused: She cleared out with another oian. ■ Mr. Tele: That was a lawful wife? Accused :,T suppose do,* .Mr. Tole: And you say you have a dozen others? ' Accused: .Well, you asked me. His Honor, in summing up, said that lie did uot think Mr. Reed had spoken any too strongly when ho characterised tho conduct of fcho parents in celling their daughter to an old man when he became possessed of money. , . _ ( The jury, after twenty minutes retirement, brought in-a verdict of not guilty, and the prisoner was discharged.