ALLEGED PERJURY.

Auckland Star, Volume XXV, Issue 300, 17 December 1894, Page 2

ALLEGED PERJURY.

ABRAHAM BOWDEN'S CASE,

The Supreme Court Criminal Sittings were resumed this morning, when a special jury was empanelled to try the charge preferred against Abraham Bowden that he had committed perjury in giving evidence in an assault case ab the Magistrate's Court. Accused pleaded not guilty to the charge. Mr J. A. Tole prosecuted on behalf of the Crown. Mr Hugh Campbell and Mr T. Cotter appeared for the defence. In empanelling the jury, both sides exercised the privilege of challenge so freely, that at lengbh the Crown Prosecutor was called upon to show cause, and ultimately the following special jury was empannelled :—Edward Barbley (foreman), J. R. Walters, A. Clark, T. Tudehope, R. A. Lusher, Hy. Atkinson, Alfred Atkinson, Thos. Sloane Morpeth, Alex. S. Russell, J. A. Walker, Wm. Wills and Thos. Steadman. The charge was thab the accused had at the Magistrate's Courb on the sth of September, eworn that he did nob speak to William Dawson on the njghb of the 29th of Augußt, and did nob assault him in any way whatever; that be had not hib Dawson with a whip, thab on the nighb in question ho was nob in Lorne-streeb, and did nob speak bo Sergeant John McMahon. In opening the case for the Crown, Mr J. A. Tole said bhab cases of various kinda had been tried during the session, but he believed thab none of the cases tried were as imporbanb aa this one. In the present case the in teresb was to the Stabe because the accused waa charged with misleading and corrupting justice. He would ask the jury to be utterly uninfluenced with anything they had read or heard about this case. He waa happy to say thab the presa in thiß city did not interfere with the progress of cases, eimply giving a reflex of the evidence taken in the lower Court. The evidence, he was sorry to say, would be distinctly contradictory, and the responsibility would bo thrown upon the jury of deciding on which side was the perjury. Mr Tole then quoted from the Criminal Code aa to what waa perjury, and said thab as far as possible they should all safeguard truth and justice in the Courts. Constable W. J. McLennan deposed to having duly administered the oath to the accused, when the lubber was sworn to give evidence in the case of Dawson v. Bowden on the sth of lasb Septembor. Henry William Norbhcroft, Sbipendiary Magistrate, *;dej?osed to hearing the case Daweon v. Bowden. Witness identified the writing in the rocord book as his own. The accused gave ovidonce of which witness took the notes produced. Accused Bwore: " Nothing took place between Dawson and me that night. It could not have, because I was bo far ahead of him. I never saw Dawson after he was following me up Queen-atreeb. I did nob speak to Dawson that ui^hb or assault him or attempt to assault him in anyway whatever. I did nob hit him with my whip or atbempb to hit him with ib. I did nob speak to Sergeant McMcMahon that night, nor he to me."

By Mr Campbell i The hearing lasted about two hours in the police court. The witnesses for the prosecution ne to the facts of the assault itself numbered four he believed. All of these wore in the employment of Keenan, excepting Dawson, who worked for Pullan and Armitage. The accused repeatedly stated that he was ahead of Dawson all the way up tho street, with the exception nt the one occasion. Afterwards Bowden corrected thab statement), and eaid he had not seen Daueon after he passed him ab tho Anchor Hotel. In cross-examination by Mr Coopor, the accused did say, " I never passed Dawson or he me that night. He could not pass me, his horse was not good enough. 1 was in fiont all the time. Accused on one occasion did imply that ho had passed Dawson ab Laud's. After witness had disposed of tho case, Bowden did 6ay, " The wrong man has been punished," or "The wrong man has boon fined." That was witness's impression as to whab ho said. Reoxamined by Mr Tole witness said he did lino tho accusod for the assault.

William Dawson, licensed cab-driver, deposed that on the 29th of lasb Augusb bo was driving up Queou-streeb between a quarter to 11 and 11 o'clock at night, and when passing McArthur'a he saw .Bowden sitting on his cab, which was standing there. Bowdon followed witneßS up the street, and when near Laud's, the pork butcher, the accused, in passing, jammed witness against the footpath. Witness pulled his horse back to get clear. Bowdon. then struck wibnoss acroßs tho face aud left ear with bin whip. The blow was a heavy one, causing witness's ear to bleed. Only the one blow was struck. Witness drove round to Rutland-street, and was followed by Bowden round Lorno-street to tho stable in Wellealey-street. Witness did not remember seeing Bowden afterwards thob night. Ho was positive that ib was Bowdon who struck him and followed him. Witness came out of the stable after having washed his ear, and wenb and laid a complaint to Sergeant McMahon and Constable Brooking. Witness could see Bowden quite plainly: when the blow was struck. Cross-examined by Mr Campbell, witness said he knew KeeDan, a cab proprietor. He could nob cay whether Keenaii bad taken a great interest in this case. Keonan did accompany witness to a lawyer about this case. Witness did not consulb Keenan about tho affair. The only idea why Bowden should assault wituoss was that ho did not like him. Witness had often auarrelled before with Bowden, buo had not done bo on the night in question. Ho did nob know of any reason why Bowden should sbrike him that night. He could nob say when he had last quarrelled with Bowden, but he " polluted " witness whenever he went paab the top stand. Bowdon would nob allow anyone else at the top stand. If a man wont up there with a cab he was annoyed ai>d tormented until ho wenb away. He could not remember any particular occasion, but ib was frequently douo. lie did nob remember Bowden threatening to strike him at any thno. Witness know Samuel Given. Ho saw him on the night in question. They had not been the best of friends. At the June meeting of the Auckland Racing Club witness was at the Harp of Erin. Given struck at witness and tore the cape off his coab. Witness ran into the hotel. He had nob provoked Given in any way. Witness had nob spoken disrespectfully of Given's sister. Witness did not strike at Given with his whip a week before the alleged assault by Bowden. Witness had nob beon drinking much that day. He had not more than three drinks. He had boen out to a football match during the afternoon. He was not drunk and rolling in his seat as he drove up Queen-sbreeb that night. He did not leave his stand to follow Bowden up the street. Guy's was the only cab ou the upper stand when witness drove past. Ho was positive Drylands cab was nob there. Witness passed up on the inside of Bowden'a cab. Bowden left room for him to paBS. Bowden was aboub alongside when he sbruck witness. The whip went across the front ot witness's face. That night was nob oxtra dark ; although there was no moon, it was starlight. Now and again there were light showers.

Re-examined by Mr Tole, witness said Bowden tried to monopolise the stand in front: of Milne and Choyce'B for his own cabs. Witness was going in that direction when Bowden followed him. Given was one of Bowden's drivers.

By His Honor: Witness did not see Given near about the time of the assault. Ho could not possibly mistake Given for Bowden, as neither voice nor appearance wore similar.

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