RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 1187, 13 July 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.)

Monday, July 12.

Breach of the Licensing Ordinance. — John A. Roscoe was summoned for keeping his licensed house open during prohibited hours. The case was dismissed.

Jacob S. Wagner, similarly charged, was fined £1 and 9s costs.

A summons against David Ross, for having neglected to keep a light burning over the principal entrance to his licensed house, was dismissed. Stray Horse. — Patrick Coyle, for allowing a mare to -wander within the limits of the town, was fined 10s and costs.

Perjury. — Joseph Ritson, on remand, was brought up charged with having committed wilful and corrupt perjury, Mr

South appeared for the prisoner. H. Clinton Baddeley, Clerk of the Court, stated that he was present in the Magistrate Court, Hokitika, on the 9th instant, when the prisoner was a defen.dant in a case Burns v. Ritson. The defendant swore that Robert Burns was never a partner of his in a Government contract for the Pounatnu bridge; that there had never been any conversation about a partnership. He asserted that £30 was an advance to him to pay the deposit on the contract, and that when it was advanced, it was on the condition that Burns should be employed as a day laborer on the job. The defendant Ritson did not qualify his statement in any way whatever. He had an opportunity of doing so as he waf in the box a second time. The evidence stated by the defendant was material to the issue of the case. By Mr South — I have given all the evidence that was material. Ryan said something about four I men standing by a log, but I am not quite sure that Burns said anything. I think they said something about that conversation that led up to the partnership. Ryan said during his evidence that he was always under the impression that he was mates with Ritson in this contract. He said that he had tren grievously mistaken or disappointed. He said something about his not being a good sawyer. My impression is that Mr Rees said he had advised Burns to sue for wages. Robert Burns — I am a laboring man, and I know Ritson. I worked with him at the Three Mile Bridge, at the Greenstone, some two or three months ago. We were working on the bridge for M'Ginnis. After we ceased, M'Ginnis was getting on very poorly with his work, and l.'itson and M'Gechney took a piece of the contract. They afterwards worked with Ritson at--the Pounamu Bridge. We had a talk amongst ourselves, Ritson, Ryan, M'Gechney, and myself, before we went to woik. I agreed to find the money to deposit with the Government, Ritson said he had no money, and he could not get a job without I joined with him. I cannot say that the other men were present. We had more than one conversation about the matter. I I said I had the money, and that I would go in with him. It was understood we would go in as partners. We went up to the Greenstone township to look at the plans. We had a talk, that is the four of us, as we went back again. It was", " What we could do it for? what such-and-such-a-thing cost?" and talk like that. A day or two after we looked at the plans I and Ritson came down to town to tender for the work. At first he made out the tender, and wanted me to put it in, but I thought it better to have him with me. When in town we went to a blacksmith's shop and priced the iron, and then went, to the boarding-house and made alterations in the tender. I knew the contents by what he told me. He said the amount was £266. He gave the tender in at the Engineer's Office. I got a cheque for £30 from the Bank, and I put it in with the tender. I took the £30 to the Bank of New South Wales, and I got the cheque there. Next morning we found that Ritson's tender was accepted. When we went to the office the clerk said the cheque was no good. • Ritson said, "It belongs to this man, my partner, and we will soon get it rectified. I went with the clerk to the bank. I got the £30, and gave it to the engineer's clerk. We then went back to the office together, and Ritson signed for . the contract. Two days after we went to the Pounamu Bridge, and the four of us commenced to work at it. We worked at it every day until it was completed. I was told to employ men, and I did so. Joe Ritson directed us, and we did as he told us, because we allowed that he knew more about the work than we did. I have taken men on myself, without being directed to by Ritson. I employed Ryley. Ritson had been speaking to Ryley before, and the latter had been told to see me. I employed him. After the bridge was completed, the four of us, together with the men who had been working for us, came down to town. We, that is I and Ritson, went to Mr Rochfort to 'see when he could go up to examine the work. He said he did not know exactly when he would go. Afterwards Ryan came to us, and asked for a settlement for the work in which we had . been engaged. Ritson told Ryan that he would be paid off, the same as the rest of the men, Ryan seemed much surprised and put out, and said he would see about it. I said nothing at all to Ritson about the statement he had made to Ryan. I told him I wanted to go out of town, so that my money might he left with some one, and he told me it would very liktly lie in the office for three months. During the time we were working there was nothing mentioned about wages. Afterwards nothing was said about my wages. At the time I asked for a settlement, he told me that he would pay me off as a laborer. I did not say anything to him except that 1 wanted a settlement some way, and I made no reference to any partnership existing between us, either then or at any time. There was never anything said about the partnership. My object in giving him the £30 was to go in with him for the job. I lent the money to get a job to become a partner. It was not for the purpose of getting the job as a day-laborer that I lent the £30. By Mr South— l did not lend the £30 because we were partners. There was an agreement by word of mouth about the partnership. It was made somewhere about the Ist May. The four of us were present. We were always close to logs, and 1 do not know of a particular communication with reference to a log. I think we were on top Jof the Three-Mile bridge, when the communication about the contract was made. I never went to Ritson to ask him to employ me on this work. I do not remember going down to. him on a Sunday morning. Ido not recollect seeing him on a Sunday morning, and I never said that I did not want to go knocking about any longer, and that would he glad if he would give me a job. I never asked him for a job. I recollect Ritson saying that he could not take the contract, as he had not the money to pay the deposit. I do not think the man now shown me (Johnstone) was there. I never remember saying that I would lend him the money. I said I had the money, and would go in for the job. I was under the impression that I was a partner of Ritson's until he told me that I was not. I have becu accustomed to square timber. I recollect Ritson saying on one occasion that my squaring timber was the worst he had evt r seen. I argued with him for the timber kid in a bad place. I never said that I had never squared timber before; Ine\tr j said that I had never worked for less than I 15s a day. I have worked for M'Kelloik for 10s a day. I said I had beta getting 15s a day in the districf. [ sued him for the £30 became he disowned me for being a partner. I never was a wages man on the contract. A partnership was entered into, ami Ritson said so. My name was not in tie tender because I could not sign for it, ami i t sted him, There was no agreement

that Ritson was to pay me back the deposit money, and the current rate of wages. (The witness was further cross-examined by Mr South, but his evidence not shaken.) William Ryan said that he had been lately working at the Pounamu Bridge. Daniel M'Gechney, Joseph Ritson, Robert Bums, and himself worked as mates at the bridge. M'Gechney, with the consent of Ritson and himself, went down to tie other bridge to work. Burns was a&fuiibt this, but he was overruled. The fuur were woiking as mates. The ■witness detailed a conversation between the parties : — Burns was standing on a squared log as the witness came up, and he said, "If I do not pay down my money and go in for the job, I shall have to work for some one for wages, and I would rather work for myself." Ritson thought tbe four could make a good job of it, and M'Gechney agreed with him, but thought that they should put in a higher price. It was first proposed that Burns should go and take up the contract himself, but it ■was afterwards arranged that Ritson should accompany him. In answer to Mr South, the witness said that he considered that the pnrtnership was well fixed. Ritson said he would give him an agreement, but it would not do him good, as he would not be able to get an oi der cashed by having it. The witness told him that he would feel much easier. lie waited from day to day for the agreement, but never got it. Thomas Ryley deposed that he worked on the contract as a wages man, and he had been employed by the prosecutor. The prisoner, who reserved his defence, was committed for trial at the next sitting of the Supreme Court, bail being allowed, himself in £50, and two sureties of £25 each. The Court then adjourned until tomorrow (this day) at 11 o'clock.