[October 6, 1909 – New Zealand Herald] At a sitting of’ the Police Court yesterday, before Mr. E. C. Cutten, S.M., Jane Kilgour, of Waikowai, proceeded against Vincent Kerr-Taylor, a well-known farmer, of Mount Albert, on a charge of having committed perjury at a sitting of the Magistrate’s Court, held at Auckland on Thursday, August 5 last, in the case of Jane Kilgour v. Sophia L. Taylor.
Mr. J. R. Lundon appeared for the informant and Dr. H. Bamford for the defendant.
In opening the case Mr. Lundon said that it arose out of a civil action, in which the prosecutrix in the present case was the plaintiff, and the present defendant’s mother was the defendant. The civil action was heard before Mr. C. C. Kettle, S.M., and was for the recovery of some cattle, which were alleged to have been wrongfully seized and sold for the rent of premises, which were leased by the husband of the prosecutrix from the mother of defendant.
The cattle were sold at the yards of Messrs. Buckland and Sons on July 22, and the prosecutrix alleged were wrongfully sold. At that sale the defendant, it was alleged, was present, and purchased four out of the nine head of cattle which were sold on that day.
In the witness box the defendant in the present case was the chief witness for his mother, and he made certain statements in favour of that case, which were alleged to be untruthful. For example, he had said that he did not purchase any of the nine head of cattle, and the prosecutrix alleged that he purchased four of the cattle, which were afterwards seen on defendant’s farm, and which the informant alleged he feloniously stole.
His Worship said that he could not see the relevance of the particular evidence in respect of which the defendant was alleged to have committed perjury.
A somewhat lengthy argument then ensued between the Court and Mr. Lundon on the subject, the magistrate finally agreeing to hear what evidence there was on the matter, though he was by no means convinced.
Jane Kilgour, the prosecutrix, said that certain cattle were seized by Mrs. Taylor in a claim for rent. Witness owned them all except two. Nine of the cattle were sold on July 22 last at Messrs. Buckland and Sons’ yards. On the day of the sale witness hurried from her house towards the Saleyards, and on the way there met Mr. Taylor with another man. They were driving cattle along Market Road, four of which cattle witness recognised as her property. Witness stopped, and said to Mr. Taylor, “I see you have sold my cattle, and you have sold them at a risk.” Taylor replied, “The bailiff sold them” and then drove on. Witness afterwards saw Taylor in his mother’s paddock outside the house, at Mount Albert. She then saw seven head of her cattle in the paddock, three head that were not sold, and the four already mentioned. Witness told Taylor that she wanted her cattle, and Taylor replied. “You can’t have them, they are all sold.” Pointing to one of the cattle witness said, “Who bought that one?” and Taylor replied that he had bought it for 35s, and witness could have it for the same.
Witness was present in Court on August 5, when Mr. Taylor gave evidence in the civil action, and witness remembered him saying that he had not purchased any of witness’ cattle at the sale at Buckland and Sons’ yards.
Taylor was also asked if he had seen the cattle since the day of the sale, or if he knew where they were, and he said that he did not. On a subsequent date witness, in company with a constable, found one of the cattle on Taylor’s property. In explanation, Taylor said that he had bought the cow at the sale.
Witness was cross-examined at length by Dr. Bamford as to her dealings with defendant. After some further evidence for the plaintiff had been taken the case was adjourned until Monday next.
A BASELESS CHARGE.
“VERY IMPROPER PROCEEDINGS.”
[October 26, 1909 New Zealand Herald] The hearing of the alleged perjury case brought by Jane Kilgour, of Waikowai, against Vincent Kerr-Taylor, of Mount Albert, was continued, before Mr. E. C. Cutten, S.M., at the Magistrate’s Court yesterday morning. The basis of the charge was that at the Magistrate’s Court at Auckland on Thursday, August 5 last, in the case of Jane Kilgour v. Sophia L. Taylor, defendant had sworn that he did not buy any cattle sold under a distress warrant by Messrs. Buckland and Sons at Remuera on July 22 last for rent owing by Thomas Edward Kilgour to Sophia Louisa Taylor, defendant’s mother, whereas, according to the informant, defendant was present and purchased four out of the nine head of cattle that were sold that day.
Mr. J. R. Lundon appeared for complainant and Dr. Bamford for defendant. Further evidence was called by Mr. Lundon.
Walter Buckland, a member of the firm of Buckland and Sons, said he acted as auctioneer at Remuera on July 22 last. He did not know whether he sold any animals under a bill of sale on that date. He could not say whether defendant had bought any cattle or whether any animals had been purchased under the name of Taylor on the date in question.
Mr. Lundon stated he had been unable to get his other witnesses to attend. Mr. Cutten said he did not propose to call on the defence; he would not commit defendant for trial. He would like to say, and he could not say it too strongly, that the case had no business to have come before the Court at all. The informant, because defendant gave evidence not agreeable to her before the Magistrate’s Court, saw fit to lay an information for perjury against him, and then, without any grounds whatever, she tried to use that Court to fish round for evidence. He (Mr. Cutten) thought it very improper altogether. The serious part, however, was that he could not see how counsel could dissociate themselves from some blame in the matter.
Dr. Bamford: In justice to defendant, I would like to state that he has prepared a complete answer to even suspicions.
Mr. Cutten: You are quite justified in mentioning that Dr. Bamford. Upon another information laid by the informant against the defendant, charging him with cattle stealing, Mr. Lundon asked for leave to withdraw the charge, this being granted.