DISTRICT COURT.

Wanganui Chronicle, Volume XXII, Issue 9138, 15 June 1880, Page 2

DISTRICT COURT.

CRIMINAL SITTING. Monday, 14th June. (Before His Honor Judge Hardcastlo.J PEHJURY. J. R. Davies was indicted for having committed perjury at Bulls, on the 30th of April last. Mr Fitzherber6 prosecuted, and the prisoner was defended by Mr Cash. The following jury were sworn:— R. T. Shield (Foreman), E. Jepson, J. Villers, J. L. Young, J. O. Brechin, W. Hogg, D. Day, J. Howell, W. Cumberland, J. Bowler, W. P, Currie, and J. Duigan. The facts of the case were aa follows : —On the 30th of April an action was tried in the Besident Magistrate's Court at Bulls in which the prisoner was sued by the Sandon Flour Mill Company, as a shareholder in the Company. He swore that he was not a shareholder, and had never signed any document in connection with the Company, but he said he had contributed £5 to the funds of the Company as a subscription, not as the price of a share. Mr Sanson produced the list of shareholders with prisoner's name and signature ; and said that prisoner held two sh-ires. George Hedges, Secretary of the Sandon Flour Mill Company, deposed that he had written to prisoner asking him to pay the first and second calls on his (Davies) two shares in the Company, and that prisoner had then sent him £5. Michael Coyle deposed that he wns employed at the Sandon steam flour mills, and that about nine months after the mill started, prisoner came to him and said he had two shares in the mill, and asked him (witness) to bay them. Witness declined. Wilfred Jackson deposed that he had been employed by the mill company to collect accounts ; that he had applied to prisoner for the third and fourth calls on two of the shares ; but that prisoner declined to pay, and said he had no shares. On the 30th April — the day on which judgment was given against prisoner at Bulls for £s—the5 — the amount of the calls, the prisoner sold him two shares in the company for Is (receipt produced). Witness swore the receipt was written out by him and signed by prisoner, who was sober at the time, although he appoared to have had a few glasses. Witness had previously offered prisoner £1 for the shares, but he refused it, and said he would give them away if the witness would shout for him. Witness said that in his judgment the signature to the receipt and tho prisoner's signature to tha share list were in the same hand writing. Mr Cash, for prisoner, declined to call any witnesses. The Crown Prosecutor addressed the jury briefly on the facts, and was followed by Mr Cash, who asked the jury altogether to discredit tho evidence of Mr Coyle. He also criticised the evidence of Mr Sanson. He further contended that if the prisoner had sworn falsely, he had not done so wilfully. It was shown by the witnesses that prisoner was a man addicted to diink, and was drunk at the time when he asked for the shares and when he sold them. Ilia Honor summed up yery carefully,

and the jury, having retired for half-an-hour, returned into Court with a verdict of Guilty, adding a strong recommendation to mercy on the ground of previous good character. His Honor said he would take irito account the recommendation of the jury, but the offence whs a grave one, and the punishment must be substan-. tial. Tho sentence of the Court' was, that the prisoner be imprisoned with hard labour for nine calendar months. _ The Court then adjourned, and will sit in bankruptcy at 10 this morning,.