"JURY'S TASK."

Auckland Star, Volume LXVI, Issue 269, 13 November 1935, Page 11

"JURY'S TASK."

TO DETERMINE PERJURY.

CYCLIST AWARDED DAMAGES

"In this case it is perfectly plain that statements have been made that are not due to mistakes. Somewhere there is deliberate perjury. It is idle to close our eyes to the fact that someone has told us on oath what is known to be deliberately untrue." These remarks were made by his Honor Mr. Justice Callan in his summing up to the jury yesterday afternoon in the action in which William John Dunlop, labourer, claimed from Herman Francis Bowkett, labourer, £067 damages for injuries received and loss of wages, following upon an accident on the Ellerslie-Pan-mure Road on March 10 last, when plaintiff on a motor cycle and defendant in a motor car came into collision. The hearing occupied two days, Mr. Singer appearing for the plaintiff and Mr. Goldstine for the defendant. In his summing up, his Honor said that when it came to picking a perjurer a judge was always pleased that the task was left to a jury, whose collective wisdom perhaps placed them in a better position to decide than a judge. "It is the liar, or group of liars, that is your affair," said liis Honor, and it was for them to decide which evidence was to be accepted, and whether the accident was due to the negligence of ths plaintiff or the defendant. The jury found that the accident was due to the negligence of the -defendant and awarded plaintiff £446 6/ damages, the amount including £117 6/ special damages. Costs were also awarded.