Saturday, October 2.
(before W. N. HODGSON, Esq., M.P, J. WALKER, T. H. PARKER, R. GRAHAM, and T.
K. ATKINSON, Esq.)
ALLEGED PERJURY IN CARLISLE COUNTY COURT.
James FAIRLIE, a young man, was placed in the dock charged with having
Mr. McALPIN appeared for the prosecutor, and Mr. WANNOP for the
Mr. McALPIN stated that at last Carlisle County Court, held on
Tuesday, the 4th September, there was a case tried in which Mr. Andrew LOWS, of
Carlisle, dentist, was the plaintiff, and Mr. Robert WESTRAY, painter, of
Carlisle, was the defendant. The particulars of the action were: -
"1868. The use and occupation of a room in Bank-street, £6, 1869. Half
years rent of shop and cellar in Bank-street, to August 1, 1869, £25," making
the total claim of £31. He need scarcely remind the Bench that an action for
use and occupation was when premises had been occupied by the person against
whom the claim was made when no specific bargain had been made as to rent. They
merely had to recover.
You have to prove the person occupied and used the premises in
question, and therefore is liable to pay the owner a reasonable compensation for
their use. It was with reference to the first item in the bill of particulars that
evidence was given by the prisoner. He was called as a witness on behalf of
the plaintiff, Mr. LOWS, and he swore that in the year 1868 for three months -
he especially mentioned June - he was in the employment of Mr. WESTRAY, and
used this room during that time, so that his evidence went to the very gist of
the dispute between the parties.
Mr. McALPIN called Mr. WESTRAY, who deposed that the prisoner was only
in his employment five days (in July 1868) and gave evidence as to the
statement made by the prisoner at the County Court trial.
A man named SHIELD, who had been in Mr. WESTRAY's employment during
the same years, gave corroborative testimony.
Mr. BURGESS, the Patriot reporter, was also called, and read the
shorthand and read the notes he had taken of the prisoner's evidence at the trial,
substantiating the statement made by Mr. McALPIN.
The prisoner reserved his defence, and was committed for trial at the
Assizes, Bail was taken for his appearance.