Dowling C.J., Burton and Willis JJ, 6 October 1838

Ex-parte Joseph Kenyon. - Mr aBeckett moved for a rule to shew cause why an information should not be filed against Mr Richard Roberts for a misdemeanor, in attempting to pervert the due course of justice.  Mr aBeckett made the motion on the affidavit of Mr Joseph Kenyon, which set forth that he met Mr Roberts in the street, and accompanied him to his house in Phillip-street, where Mr Roberts asked deponent if he had not stated to Messrs Green and Sippe that he knew that Mr Smart had written the note which was the subject of action between Messrs Simmons and Co. and Mr Smart, to which deponent answered that he had not said so.  Mr Roberts then told deponent that Green and Sippe would swear he had, and he had better mind what he was about; and he then wrote out questions likely to be put to deponent if he was called as a witness in the case, and told deponent he must answer them as he wrote on the paper, or he would be indicted for perjury.  Roberts took a pistol from a drawer in the room and intimidated deponent, using violent language and gestures.  The affidavit, which was a very long one, set out the particulars of this singular transaction very minutely, and the Court granted a rule nisi, returnable on Saturday.

Dowling C.J., Burton and Willis JJ, 13 October 1838

Mr. Stephens appeared to shew cause why a rule to file a criminal information against Richard Roberts should not be set granted.  It was said that Roberts had attempted, to pervert the ends of justice, in endeavouring to cause a person named Kenyon to give evasive evidence.  It was contended that he charge was most absurd, as no one having such intentions would have employed the means to which Roberts was said to have had recourse.  Roberts' affidavit was read, in which he deposed - that the sundry charges were fabrications; that Kenyon might have left his (Roberts') house when he pleased; that there was a pistol in the room lying rusty on the floor, but that it had not been loaded for several weeks; that the only door that the room had did not fasten; and that the only mention of Freemasonery was, that being both of that body, the conversation in question should be kept secret; that Kenyon instead of being inveigled by Roberts had asked his advice; Kenyon was an old man, and old men are sometimes querulous; he (Kenyon) was afraid of getting into trouble for talking about matters of which he knew nothing; and wanted to be told the best way to get out of it; he had applied to Roberts and the result was a charge of misdemeanor against Roberts.

His Honor the Chief Justice said, that it was his opinion that the rule should be made absolute, however absurd the method employed by Roberts, it was evident that he had been tampering with a witness who was about to be called on a trial of importance.

It was a case for a jury; of course that jury might form their opinions of the merits of the case, by the evidence which would be adduced by both parties before them. - Rule made absolute.

Notes