PERJURY CHARGE.

Auckland Star, Volume LXIII, Issue 225, 22 September 1932, Page 5

PERJURY CHARGE.

SEQUEL TO ACCIDENT. SUCCESSFUL CLAIM. CARRIER IN THE DOCK. MANY WITNESSES CALLED. As a sequel to a street accident and a subsequent successful claim for damages, Ernest Cheadle, aged 30, carrier and contractor, appeared before Mr. F. K. Hunt, S.M., in the Police Court this morning on a charge of perjury. The charge preferred against Cheadle was that on August 12, he committed perjury on a hearing before Mr. Justice Herdman, in the Supreme Court, Auckland, of a writ issued by Michael Walter Karews claiming damages against Arthur Stanley Holton, for negligence, by falsely swearing, "1 remember Tuesday, February 23, this year. I saw an accident just before 1 o'clock. I was walking up Symonds Street and nearly opposite the accident," whereas in truth and in fact, he was not in Symonds Street at 1 p.m. and did not see the accident.

James Michael Carroll, clerk in the Supreme Court, Auckland, said a writ was issued on July 8 by Karews against Arthur Stanley Holton claiming damages. The action was heard on August 12 before Mr. Justice Herdman and a jury of 12. Judgment was given for plaintiff for £1110 and costs. Cheadle gave evidence on behalf of plaintiff.

Evidence that he administered the oath to accused, who was the third witness for the plaintiff in the action, was given by John Duff Keane, crier at the Supreme Court. He heard accused swear that he was an eye-witness to an accident to Karews, which occurred about 1 p.m. on February 23 when he was in Symonds Street.

J. F. AV. Dickson, barrister, said he was briefed, together with Mr. A. H. Johnstone, for defendant in the Supreme Court case. He heard Cheadle give his evidence and he cross-examined him. He swore he saw the accident when he was walking along Symonds Street. He also said he saw Karews knocked down by defendant's truck. Accused said that Karews' taxi was stationary and that there were, two cars behind the taxi, and that he saw the defendant's truck strike Karews as he left his taxi. Percy James Watts, manager of the Standard Insurance Company, Auckland, who said he was present during the hearing of the case Karews v. Holton, gave similar evidence. "A Bit of Trouble." Arthur Stanley Holton, carrier, of Mount Roskill, said that on February 23 at 12.50 p.m. he was driving a truck down Symonds Street, which collided with Karews "and injured him. Karews took action for damages against witness, who hoard Cheadle fjive his evidence. Witness saw Traffic Inspector

Botterill at the scene of the accident and heard him inquiring for eye-wit-nesses of the accident. There were about a dozen people at the scene of the accident. Witness did not see accused after the accident. He first saw him when accused gave evidence in the Supreme Court. About the end of August accused spoke to witness in an auction mart. He asked witness who told him he was receiving £350 to appear as a witness in the case. Witness told accused he had not heard anything about it and asked him where he had heard it. He said it had just come to his ears. A tramway motorman, Charles Edward Hagues, who was the first on the scene after the accident, said he did not see accused there. On September 12 witness .was stopped by accused in Queen Street. Cheadle said, "I have got myself into a bit of trouble. I was talking to a Dalmatian whom I was working with and* he said he had seen where Karews had received a considerable sum of money." He said-the Dalmatian asked him what he was getting out of it. Cheadle said, "I said, just for a joke, £200' to £250." Accused asked witness if he, saw him at the accident and whether he could say he was there. Witness replied that he would not like to swear who was tahere. Cheadle said it was a pity he could not remember seeing him there, as it would help him considerably. Witness told Cheadle he die! not wish to have anything to do with it- „. - Thomas G. Botterill, traffic inspector, who was on the scene of the accident immediately after it occurred, said he appealed for witnesses and only obtained two men who did not see the accident but heard the crash. Witness knew Cheadle well, and did not see him at the accident. Had he been there he would have seen him. "In Hobson Street at i p.m." John Peter Sinkovich, labourer, employed by his father at Henderson, said accused had a contract, in February, carting timber from Swanson to Morningside. Witness accompanied accused on the truck driven by Cheadle. Witness visited Auckland with Cheadle on one occasion, Tuesday, February 23. He remembered the date well. After delivering timber at Morningsidc witness and accused drove to a garage in Albert Street. Coming down Anzac Avenue they met Constable Pollard. After driving on again, Cheudle remarked that he knew the policeman well. Accused and witness reached the garage about mid-day, and went in to get a rim. From the garage accused drove the truck to an engineering firm in Hobson Street, to have a slipping clutch adjusted. An examination of the truck was made. While witness was there he saw the men employed at the foundry return to work after their lunch hour. It was after 1 p.m. when accused and witness left for another engineering company higher up Hobson Street. After some delay Cheadle drove to another shop, and from there went to' a firm where he obtained brake linings. From there > accused went to a tea shop and had afternoon tea, and afterwards returned to a tyre shop and had a tyre fitted. It was 4.30 when they went to a garage, and then left for Henderson, where they j arrived at 5.30 p.m. At no time during that day was accused out of witness' . company: He did not say he,saw an j accident. At 1 p.m. on February 23 both , witness and accused were at a shop in Hobson Street. i ""Accused's Movements. , A number of other witnesses were i called by the police with the object of ' proving "that Cheadle was at their prem- ' ises about the time the accident occurred in Symonds Street. Several, upon whom accused called to have repairs and adjustments made to his truck, produced invoices and dockets dated February 23. John AV. L. Warren, managing director ■ of the Warren Engineering Company, 6aid his employees took their lunch hour between 12 and 12.45 p.m. daily- On i September 12, accused called on witness .

and asked if the police had been making inquiries. Accused did not flay what any inquiries would be about. "When I told Cheadle that the police had not been for the past three months, he asked me if I was sure of that," said witness. "I told him I w.fl-i sure. Cheadle then appeared to be relieved, and he then left." Mounted Constable Pollard, of Otahuhu, said he was in the city on business on February 23. About 12.20 p.m. on that day he was walking at the foot of Anzac Avenue when he met Cheadle, whom he had known for some years. He spoke to. Cheadle, who was driving his truck towards the city. Cheadle was accompanied by Sinkovich. Woman's Evidence. Mrs. Doris Adelia Marshall, of Hobson Street, said she knew Cheadle. He called at her place about six months ago between 3 and 5 p.m. On September 6 he again called and while there asked her not to sign any statement and "give him away." He said he thought the "Dalmatian fellow" had given him awayDetective Sergeant McHugh: Did he mention anything about having seen an accident? —No. Did he say what the Dalmatian was supposed to have given him away about? —No. (Proceeding.)