A TRUMPED-UP CHARGE OF PERJURY.

Tuapeka Times, Volume XVIII, Issue 1083, 8 October 1884, Page 3

A TRUMPED-UP CHARGE OF PERJURY.

At the Dunedin Police Court on Monday, before Messrs G. E. Eliott and .7. Hyraan, J.P.s,

Samuel Henry was charged, on the information of Maraaret M'Comb, with having, on the 14fch July, committed corrupt and wilful perjury during the trial of Stewart M'Comb on a charge of sheep-stealing at the Supreme Court, Dunedin, in swearing that M'Comb never sued him for the recovery of cattle which he sold to one James Wright, and that it was quite the reverse — that he sued M'Comb. Mr ' Smith appeared for the prosecution ; Mr Denniston for the defence.

Henry Wady, usher of the Supreme Court, gave evidence as to administering the oath to the accused, and Arthur D. Harvey, deputyrsgistrai, produced the indictment on which M'Comb was convicted.

Margaret M'Comb stated that she was present during her husband's trial and the accused's examination. In cross-examination accused was asked whether M'Comb sued him for cattle at Lawrence which lie sold to James Wrighi. Accused hesitated a little, and then said, "I do not recollect." Mr Macgregor, the cross-examining counsel, said : " That will not do for an answer. Did he or did he not 6ue you in the Resident Magistrate's Couvb at Lawrence before Mr Carew for cattle you took and sold to James Wright, of Waipori?" Accused said "No; never. Quite the reverse. It was I who sued him." Cross-examined : I was sitting beside Mr Macgregor. Accused was re-called at the trial. I swear what I have said is word for word what look place. I never took^a note of the words at the time or afterwards. I have not seen Mr M'Uomb since the trial. I commenced these proceeddings about the latter end of July, when I instructed Mr Smith. I swore the information last Saturday week, and told Mr Smith tie words which were used. Before seeing Mr Smith, I saw Messrs Macgregor and Crooke. Mr Macgregor was employed for the defence at the trial and knew all the facts, I have been receiving money from the Benevolent Insi itution, but Mr M'Ewan has furnished me funds for carrying on this prosecution. James Fell, rabbiter at Waitahuna, who was also present at the examination of accused during the trial of M'Comb, deposed that Mr Macgregor asked him : "Did Mr M'Comb sue about nine years ago for cattle Bold to James Wright?" Accused said : "Not that I recollect." Mr Macgregor then said: "That is not an answer to my question. Did he or did he not ?" Accused replied : " Quite the reverse j I sued him." [During the cross-examination the equivocation of this witness was most extraordinary and absurd.] Andrew Rennie, a warder in the Dunedin prison, who was present afc M'Comb's trial, also gave evidence.

James Broadfoot, an express-diiver, residing at Mornington, said he heard Samuol Henry give evidence at M'Comb's trial. He was asked if he had ever been sued for some cattle by M'Comb, and replied that it was quite the opposite— he (Henry) had to sue M'Comb. His firat answer was tbat he did not remember.

Joseph Weir gave similar evidence. — To Mr Deunißton : Witness never saw M'Comb at M'Ewan's three days before the trial. He only attended the Court for amusement, not to hear M'Comb's case. About a fortnight ago, Mrs M'Comb saw him, and told him she would summons him to give evidence in this case.

Henry John Abel, clerk of the Resident Magistrate's Court at Lawrence, produced a record of a case wherein Steward M'Comb sued R. Cotton and Samuel Henry on March 24tb, 1874, for £10, price of one red and white cow. Judgment was given for plaintiff for £5 and costs.— To Mr Denniston : I know Henry to be a man of high repute. Some months ago two informations were laid by Henry against Steward M'Comb under the Branding Act. M'Comb was fined in one case £50, and in another £25.

Mr Denniston said it was hardly worth while wasting time by addressing thd Court on a case brought uiider such circumstances and supported by suck evidence. It was one o£ tnose cases in wutcu an attack was u>&&& on one of tlie witnesses in a i P ; a l where the accused hal been convicted—an attack for perjury on some side issue, so that anything in the event of like a case being made out, an attempt might be made to obtain the liberty of the prisoner. He reviewed the evidence, and submitted that not a shadow of a case had been made out. It was brought at the instance of a man who was in gaol, and of his wife, who had not a penny to come down on in the event of the case being dismissed. It was a Eerious matter that such a woman should have it inker power to annoy a man to the extent which she had done by bringing forward such an absolutely trumpedup case.

The Bench, without hearing evidence, for the defence; dismissed the case. " Daily Times."

Much of the fruit coming to market these days is stomachache.

An Irish lover remarked : " It's a very great pleasure to be alone, especially when your sweetheart is wid ye."