Rochester, Chatham & Gillingham Journal 28 June 1884.
Charges of perjury.
The adjourned charges against the two men named Pearce and a third
man named Phillips, for wilful and corrupt perjury committed in the
Rochester County Court on the 3rd June, were proceeded with at the
Guildhall, Rochester, on Saturday last, the Magistrates on the bench
being W. P. Hyamen, G Booth and J. H. Ball, Esqrs.
Mr. A. R. Norman again appeared to prosecute and Mr. Greathead was
on this occasion present to defend the accused.
The case against James Pearce was only proceeded with.
Two witnesses were to have been called by Mr. Norman, but one
(Richard King's wife) had died since the adjournment, and another (a
man named Brown) failed to appear. Richard King was recalled and
cross-examined by Mr. Greathead. He said that the same day as he
lent defendant the £27 he sold a horse to a Mr. Chidley for either
£13 or £14. At the previous hearing he said it was £18, but that was
a mistake. When witness lent the money he neither asked not expected
interest. Defendant had never paid witness £22 at any one time.
Witness knew a boy named John Hicks, but had never employed him.
Mr. Greathead said he should call four witnesses for the defence, so
that if the case went for trial they could be bound over. He hoped,
however, their worships would think there was sufficient doubt to
justify them in dismissing the case. King was very positive that the
receipt which had been put in was the vegetables only, but on other
points his memory seemed to be anything but good.
Defendant was then formally charged with falsely, wickedly, and
corruptly, committing wilful and corrupt perjury. He pleaded not
guilty.
George Mortis, painter, of Plumstead, said on the 18th September,
1882, he was with defendant at Chatham, and went with him and
Richard King into a public house on an "embankment" - he did not
know the name of it. Something took place about King selling the
publican a horse. When they came out defendant asked King to lend
him £10, and King counted the £10 into his hand. King had denied
ever lending defendant some of £10.
Frederick Hawkins, of New Road, Chatham, shoeblack, said he
remembered King selling a horse to Mr. Chidley at a beer house on
St. Margaret's-banks, which Chidley kept. Witness was outside
holding the horse. Defendants and King came out together, and the
former asked the latter to lend him £10. King then counted £10 into
defendants hands. Witness saw no memorandum given. The reason
witness came to give evidence what was that he read about the case
in the newspaper.
By Mr. Norman:- He spoke to a man about what he knew, and the man
told Pearce. He did not know the man's name.
Alfred Chidley, of Cromwell Terrace, Chatham, said in September,
1882, he kept the "Royal Standard" beer house, St Margarets-banks,
and their bought a horse of King for £14. He remembered the land
Hawkins being there.
By Mr. Greathead:- The horse turned out to be worth "two penn'orth
of gin" (laughter). Witnessed sold it ten days afterwards for £3.
John Hicks, a boy, said he was in the "Elephant and Castle" coffee
house on Monday week when King said that Pierce were there, and King
said that if Pearce will give him £3 he would go down to his
solicitor next day and "square it." Pierce said he would go.
Mr. Norman objected that King had not been examined on this point.
The Witness also said that he had worked for King occasionally.
By Mr. Norman:- Witness did not hear any reference made to a
receipt, and did not hear defendant admit that he had done wrong.
Mr. Greathead proposed to call William John Pearce and George
Phillips, but the magistrates clerk (Mr. J. T. Prall) thought it
right to point out to the bench that they're were informations
against them for perjury also.
Mr. Norman said that if they were sworn as witnesses he would
withdraw the informations against them, and leave the judge at the
assizes to deal with their evidence.
William John Pearce was then sworn, and said he was at his brothers
(defendant's) house on the 24th November last; he thought it was a
Saturday. (King had sworn that the transaction referred to took
place on a Sunday.) King came in and defendant said "Well, Joble,
let's have a settle up." Defendant then counted out £22 and put it
on the table, besides £3 15s. for some potatoes. Defendant asked
King for receipt for the money, and King gave him the receipt
produced. It did not appear to witness to be any smaller now than it
was when King gave it. King remarked when he gave the receipts -
"That settles all up to this date." Witness did not know where the
paper came from that the receipt was signed on.
By Mr. Norman:- Defendant took the money from the right hand pocket
of his trousers. Only the 15s. was in silver; the rest was gold.
Defendant did not say what the money was for.
George Phillips said he was at defendants house on the 24th November
when Pearce paid King £25 15s., saying "Here's £22 I borrowed of you
and £3 15s. for a ton of potatoes." Witness believed the money was
put into Kings hand. Witness saw a receipt given, which he believed
was that produced. Witness did not know where the paper came from.
By Mr. Norman:- Witness did not properly remember all that took
place, as he and Pearce had been drinking all day.
P.C. Beringer, K.C.C., was here called by Mr. Norman, who said he
had only just been made acquainted with the important evidence the
constable could give. Berringer just said he was at this court last
Tuesday as witness in a case. He happened to go into the public
house opposite and there saw defendant. Defendant called a man
(named Carpenter) and said to him "I owe the money, but I've been
'kidded on' not to pay it, and I shan't." Defendant appeared to be
quite sober.
By Mr. Greathead:- Defendant did not say "I 'owed' the money."
The Bench committed defendant for trial at the assizes which open on
the 9th July.
Mr. Greathead applied for bail.
Mr. Norman said it ought to be substantial, as defendant had said he
meant to be off "stoking."
The Magistrates fixed the recognizances at prisoner himself in £100
and one surety (Mr. Jacob Mendez, of Plumstead) also in £100.
The informations against William John Pearce and Phillips were
withdrawn.
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