SUPREME COURT.-CRIMINAL

Taranaki Herald, Volume XXXVIII, Issue 8458, 29 April 1889, Page 2

SUPREME COURT. -CRIMINAL

Sittings. Satubdat, April 27.— Before His Honor Jaitice Gillies. Albert f dward Nelson was indicted for giving perjured evidence in a District Court case — James McLauchlan v. Martin Petrie — heard in November last. Accused, for whom Mr Jellicoe appeared, plaaded not guilty. Mr Samuel appeared for the prosecution. The following jury was empanelled :— D. Teed (foreman), S. P. Craig, W. Cunningham, G. Marsh, G. Priest, J. Warnock, A. Marsh, F. Vickery, P. Gilbert, 0. Andrews, W. Francis, J. Giddy. (Continued from Saturday.) His Honor pointed oat tkat a signature written under such circumstances would not be bo strong ai one written without the knowledge for which it was wanted. They had plenty of the witness's signatures in court, which had been written withont witnen knowing for what they would be used <ome day. Evidence continued : I always thought that MoLaaohtas kad a second motive whioh I conld aot tell. He pushed himself nptn 01. What forewarned me of MoLauohlaa was when he wai working ont on the placa ke told Cnstray ia my presenot of a sharp trick he (McLauchlan) did ia Australia. McLauchlan said he shifted a mill or something of some ground. His Honor considered that all these fjuestioas were utterly useleis and only burdeniag the case. Mr Jallicoe rtpliad that witneis weald aot answer the questions pat to him in a proper way. Witness : I was going to tell yoa when yoa interrupted. Re-examined : McLaaohlan came to our place twice before the meeting at Nelson* and spoke about the lease and oar business generally. I can swear that tha purchasing clause, &c, were not in the deed my mother read at Nelson's. A. 0. Fookes, land broker and land ageat, said : I was employed some time last year by Martin Petrie over property at the corner of Mangorei and Avenue Roadi. I had instructions to bring the land under the Land Transfer Act. I searched the title. I found the property ander mortgage to prisoner. Mr Petrie lodged the moaey with me to pay the mortgage off, and so as I coald get the deeds. I wrote a letter to Nelson, and called with it and delivered it personally to Nelson. Letter (produced) is the one. Nelson stated he was quite willing to receive the money. In the letter I offered to pay the money on August 24, the money being duo on September 1. Nelson said be would take the money in notes. Nelson said he would have the deads ready. I received the letter on August 22, from Mr Standisb, stating that MoLaaohlan claimed the right of the purchasing clause in the lease. Anothei letter (read), dated August 24, from Mr Stand ibVi, stating that Nelson objected to tbo deed leaving bia possession, but saying they could get a copy through him, I also received. I called on Nelson on August 24 with the money, to settle up the principal and interest; to September 1, if be wus ready with the deed. He referred me to Mr Standish. I asked him to come with rue, as his signature would be wanted. Nelson said he could not go. My brother and 1 then wont to Mr Staudish's office. Mr StandiahshoweJ me the deeds, and after that said ho would send for Mr Nelson. A clerk was sent to bring Nelson, and ia the meantime a discbarge was made out. The messenger returned, and handed a pieca of paper to Mr Standish, who told us that Nelson refused to take tbo money till September lor sign the discharge. I pointed out that wo were going to pay toe interest ap to September 1. On September 1 Nolson, and myself, and brother went up to Mr Stand ieh's office and paid the money, and got the discbarge. It is very unusual to give a power of salo as soon as the principal falls dno without giving some notice. It ia a most unusual practice. Mr Jellicoe (to witness) : Would you not trust Mr Standish to draw out a deed ? His Honor eaid the qaeßtion was \ exceedingly unfuir to the witness, and ought not to be asked. Thp question wns not naked. L'lOKb iXUu.ibiUIUU UUUtI..UIJ : 1 UOU'l know an) tinny übuiU Mr Slnndish'a usual ■

practice in preparing deads; neither do I know if Mr Hughes prepared deeds with pimilar chases to the one in question. I have Been an Auckland deed for several thousands with no such clause in it. His Honor stated that he had never seen such a clause in Aaekland in a deed nor was it the practice. He looked on all those questions as a thoiough waste of time. Mr Jelliooe stated that it was not an nnusual thing to insert such clauses in Wellinetoi, and he pat them in himself. Mr Samael stated that things had changed since he was in Wellington, eight years ago. His Honor replied that saoh practice was not known in Auckland or Otatro. This closed the case for the prosecution. Mr Jellicte then opened the casa for the defence ia a general sweeping denunciation, whea His Honor directed him to confine his opaning to the usual form, namely, stating the facts and then calling evidence. The appeal to the jury could be reserved for the tine when the ca«e was dosed, when there would be abundant opportunity. Mr Jellicoe agreed to adhere to Hib Honor's ruling, although he gaid he was not used to such a form of procedure in his practice in Wellington end Chriitohurcb. He then continued his address, but His Honor had to interrupt him a couple of times more for the same thing. At half-past fonr o'clock His Honor had to call Mr Jellieoe's attention to the same thing. Mr Jellicoe: I will withdraw from the case. , ' His Honor: That is for your own jadgmeat, Mr Jellicoe. Mr Jellicoe: I feel the responsibility of the. position I hold in defending the prisoner at the bar. His Honor: So do I. I have tke responsibility of how the case is conducted according to law. I have allowed you more than nsaal latitude, and must again ask yoa to confine yourself to the facts before you call your evidence. Yoa will have ample opportunity to address in general when the whole case is closed. Mr Jellicoe replied that he was sorry that some counsel who had knowle Ige of the oustoms of the Northern Ciroait was not defending the prisoner, for he himself apparently was not up in the procedure which was different to what he had been died to in Wellington and Christohurch. His Honor stated that it was the general praotice throughout New Ztaland that he adhered to. Mr Jellicoe : I presume Toar Honor will adjourn the Court at 5 o'clock. Hii Honor : I propose doing so. Mr Jellijoe: Then, Toar Honor, I ihoald like the adjournment now, and I can thea reooniider my poiition between this and Monday. His Honor replied that it would be no ase continuing on farther that evening, and he would adjourn then. The Conrt waa aooardiiglr adjotratd to 10.30 a.m. on Monday.