A CONSTABLE CHARGED WITH PERJURY.

New Zealand Herald, Volume XLII, Issue 12859, 6 May 1905, Page 5

A CONSTABLE CHARGED WITH PERJURY.

VERDICT! OF NOT (iUII.TV. REMARKS BY THE CHIEF JUSTICE. [BY TKLRGKAI'H.-—PRESS ASSOCIATION.] Wellington', Friday. The charge against John Howley, a police constable, <>[ having committed perjury at Hie Magistrate's Court, Wellington; on February 27, in connection with two charges against one James Kennedy of being an idle and disorderly person, in Unit lit' consorted with reputed thieves and prostitutes, and with being the keeper of a brothel, was concluded in the Supreme Court before the Chief Justice to-day. The alleged perjury lay in that Howley had sworn to .seeing Kennedy in the company of had characters on December 26 and 27, amongst other dates, and made an entry in his notebook at the time} The evidence for the Crown went to show that Kennedy was at Palmerston on the dates upon winch lie was alleged to have been in Wellington. For the defence, evidence was given by Tims. Fitzsimmons, a secondhand dealer, and his wife, who swore that they saw Kennedy in heir shop on December 27. It was about two months after Kennedy was first prosecuted that, the witnesses 'remembered having seen him on the date given, and they first mentioned the incident to the detective who was in Howley's company. l'r summing up, His Honor said lie thought it had cast a bad flavour over the case to call Fitzsinimons and his wife, to give evidence for the accused. It was for the jury to say whether the evidence of those two should outweigh the evidence of six n:. seven witnesses, for the prosecution. At the same time whether the jury thought that Fitzsimmous and his wife were swearing falsely or not they must not bring in a. verdict of guilty unless they were satisfied that accused had deliberately and designedly sworn falsely against Kennedy. After half an hour's deliberation the jury returned with ■a verdict of not guilty on the grounds of mistaken identity. His Honor: Well, gentlemen, I think it is a very proper verdict. I am not going to direct a- prosecution against Fitzsimmons and his wife, but 1 think it is the duty of the police to make inquiries into their, ease. This should be a lesson to the police "to Hie very careful in the evidence they bring before the Court.