ALLEGED BLACK MAILING.

Star (Christchurch), Issue 4817, 4 December 1893, Page 3

ALLEGED BLACK MAILING.

♦* Committed for Trial. At the Magistrate's Court to-day, before . Messrs C. P. Cox and J. Connal, Frederick Jennings, Alfred John Burgess and Matthew Jame3 Sherwin (on remand) were charged with having on or about Nov. 20 conspired to extort money from one William Adam Taylor by falsely accus- ■ ing him of having committed an unnatural offence. Mr Stringer represented the Crown, Mr Donnelly appeared: for the

accused, and Mr Loughrey appearedfor Taylor. Mr Stringer before proceeding a3ked that the word "falsely" might be struck out' of the information, as, so far as the law on the subject was* concerned, it was immaterial whether, the. accusation was false or not. He then detailed the facts of. the case, stating that even if the offence had been committed it waa the duty ©f these men to have brought the offender to justice, aud not. to traffic-on the charge. William Adam Taylor was then called. He deposed that he had been in J business in Rangiora as a hotel-keeper for some yeaps. In August last he had two young men, named Harry Measday and Cecil Payne, in his employ ; thoy left his employ on Sept. 1% and went away on Sept. 19. On Sept. 20 he received from the accused Burgess a letter, stating that the two young men had made'a serious charge againßt him. Ifhe writer further went on to say that he had thought it best to inform witness before placing the matter in the I hands of the police. (The witness had since destroyed tho letter.) When in town on that date he went to Mr Bruges' office, thinking in mistake that the letter had come from him. Ke then found out his mistake. While in there Burgess came in and asked witness to go with him. Witness i refused, telling him to make any accusation I he wanted to in the presence of Mr Bruges. ■ After some time he went with Burgess, * and in the latter's office witness asked him i what he meant by the charge. BurgeßS ; replied that it meant witness was charged with having committed an unnatural . offence on Sept. 3. Witness asked ; where Measday and Payne were, . but Burgess would' not tell, al- ! though he admitted he could find them, s Burgess said the affair could be squared : by the payment of .£2OO. Witness refused to do that, end said ho would fight the ; matter out. Burgess said it would cost

£50 for wit.net b to defend the case in Court, and advised him to make some offer. Witness then offered to pay £50, and Burgess said he would ask the others if they would consent to that, and would let witness know at four o'clock that afternoon. On returning Burgess said he had reduced the amount to £75. After some discussion witness agreed to pay £50 ! and Burgess' costs £10, and gave a cheque for £50, paying the £10 in notes. Two . receipts were lying on the table, signed by :by Measday and Payne, without the ' amounts filled in. BurgeES put in the | figures £25 in each and handed them to ' witness, who after keeping thevi some time, destroyed them. Witness was not satisfied with the receipts, and Burgess undertook to get letters for him that would exonerate him from all blame. I Afterwards witness received a letter from S Burgess, stating that he could get further receipts by calling at his office. Witness, j however, did not get them. At that j time he did not know that Sherwin : and Jennings had anything to do [ with the case. About a fortnight I after this witness was in Lyttelton ; and there saw Sherwin and Jennings. ■ Saw Measday and Payne talking to Sher- , win and Jennings, and heard Payne say, j " Good God ! Don't you think we've done j the man too much injury already," Wit- : ness thought they were referring to him, but he did not hear his name mentioned. Witneßß went into an hotel with the two accused in Lyttelton. Before going in he said to Sherwin " What harm have I done you, that you should do me such a cruel injury as this." Sherwin replied, " Didn't you turn me and my wife out into the streets." This had reference to Sherwin's being turned out of the Courtenay Arms Hotel by witi ne3s. Witness would swear positively that | he had not been guilty of any unnatural j offence. He had paid the money rather than have his name dragged through the Court, and because Burgess told him ;it would ccst him at least £50 to defend the case. To Mr Donnelly : Had lent Measday and Payne £5 each, when they went to Wellington. Some time after their arrival, they telegraphed to witneES saying that they were hard up, and witness paid their passages back from Wellington. Since Measday's return from Wellington, witness had lent him £1. Witness had received from Measday and Payne before they went to Wellington, a document Btating that the charge against him was false. The document had been lost— he thought it had been destroyed.

Cecil Atkins Payne deposed that on the day he left Taylor's place he, Measday and Jennings were coming from Bangiora, when Sherwin, who was passing in a trap, gave them a lift to Christchurch. On the road they were talking about Taylor, and Sherwin told how he had been turned out of the Conitenay Armß Hotel by Taylor- Witness said to the others that Measday could give Taylor three years for an unnatural offence, and that he knew all about it. Sherwin said that if they went to a solicitor about the matter, it would be as good as a £20 note to them. On arriving in Chrißtchurch, Sherwin drove them to Burgess's office, and they all went into the office. Witness told Burgess about the offence, and the latter said he would write up to Taylor . about it. At that time Burgess prepared two receipts, leaving the amounts out, which witness and Meaeday signed. This was done in order that Burgess might be able to give Taylor a receipt, if he paid any money. The question of money was suggested in the office, by Burgess asking what they would take for a settlement, and saying that if witness and Measday would sign the receipts he would get as much money as he could. After leaving the office all five went to the Botherfield Hots), where Buigess said that he would not require any money from them, but would have a share of the proceeds. The day following all five met again, and Burgess told them that he had written to Taylor and that Taylor had come down and offered £50, which they agreed to accept. Later on in the same day "Burgess told them that he had got a cheque for £50. A day or two afterwards the four of them met Burgees, and he gave them £10 each, keeping £10 for himself. Burgess came round to the British Hotel and told witness and the others to say nothing about the affair or they would get into trouble. Witness did not know then that Burgess had got an additional £10. After witness knew that, he, Measday and Jennings met Burgess in the street, and asked him about the additional £10, but he refused to tell them anything about it. While down in Lyttelton, before going to Wellington, witness and Sherwin had words, and witness told Taylor in Sherwin's presence that Sherwin was backing him up to bleed Taylor as long aa he had the money. To Mr Donnelly:; Would swear that he saw Burgess pay Sherwin and Jennings £10 each. Taylor had asked witness and Measday whether they would like to go for a trip, and they replied that they would; like to go to Wellington. Did not think Taylor gave them money to get them out of theroad. Witnesß had told Taylor that he had had £10 of the money that had been extorted from him. After his return from Wellington witness had got £1 from Taylor.. Witness, when making the statement in Burgess' office, believed that it was true, and he still thought there wassome truth in the charge. Witness and Measday had since signed papers stating that the charge against Taylor was untrue. They had done this to prevent, other persons from getting money from Taylor, and had no intention of trying to extort any more money from him. On: resuming, Mr Stringer called JamesGoodman, managing clerk for Mr F..H. Bruges. . He deposed that Taylor came in to Mr Bruges' office under the supposition that the latter bad written the letter.. When Taylor discovered his mistake, he said; "I may want: you to defend me."' -While they were talking Burgess came in and said to Taylor, "TFdu're the man I want;'" The two then went out immediately. Harry Measday corroborated Payne's evidence in the main.. To Mr Donnelly: When the £60 was distributed, Sherwin suggested that something Bhould be given to Mr Burgees' frend, Mr Stranaghan, and Sherwin, Jennings, Payne, Burgess, and witness each subscribed something. Taylor knew that - witness had got £10 out of him when he gave him £5 to go. to Wellington. Witness and Payne told Taylor they were sorry fo? what they had done and asked his for-

gv-reness. This was before they left for I Wellington. Witness could not swear- | with truth that tha offence had been I actually committed by Taylor. Witness ' was not prepared to swear to the statement. Whenphe went to Burgets' office to make the statement, witness, had no time to think of what he was doing. The lotter that witness and Payne wrote to Taylor was sent to make reparation for what they had done. 1 Tq Mr Stringer : It was after the* money' | had been distributed between tho* five of them that some was paid to Mr Stcaaaghan. Witness did not know it waß M» Stranaghan's office that was being. used. Witness and Payne gave 10s, he thought Sherwin and BurgeßS gam £1 and Jennings ss, to Mr Stranaghan, David Stranaghan, a financial, agent, deposed thai} Burgess, had been, last September, in the habit of using one of his rooms for business purposes, at remembered during that month seeing Burgess, Sherwin, Jennings,. Measday and another person ia the room together. A day or two afterwards Taylor was with Burgess in his rocci, and shortly afterwards Burgess gave wiiness a cheque of *Eaylor'H for J550, asking him to pay it in at the Bank. The cheque wa9 honoured, and witness cashed a cheque of his own for £50 and gave Burgess the cash less exchange. Witnesi saw Burgesß hand the money over to two of the party, but he did not > pay particular attention, and could not * swear who the two were. Afterwards • witness received from Burgess about £2 or 1 £2 10s. This was for the use of the room . for about four months previously. Wit- ■ • ness did not know how the money was . ' made up, he received it from Burgess. I . Witness could not remember whether any* I one waa present when Burgess gave him > the money, He was not present wh-ya th.f> ** contribu.tf<)*A was raade,

This concluded the case for the Crown. 1 The accused reserved their defence, and were committed for trial at the next session of the Supreme Court. Bail waa allowed, the accu-ed in their own recognisances of .£IOO each, and two sureties of £50 each.