CONVICTION TO STAND.

New Zealand Herald, Volume LVIII, Issue 17914, 17 October 1921, Page 7

CONVICTION TO STAND.

CON. McDEVITrS CASE.

STRONG COMMENT BY BENCH

"RIDICULOUS STORY."

Strong comment on the nature of the evidence given at the rehearing of the case in which Cornelius McDevitt (Mr. Hackett) was convicted of having used a departmental concession order for the purpose of obtaining a railway ticket to which he was not entitled, and sentenced to 14 days' imprisonment, was made by Mr. J. W. Poynton, S.M., in the Police Court on Saturday, when giving his reserved decision. Mr. Patterson appeared for the Railway Department. The magistrate said the new evidence consisted mainly of a statement by one Richard Fogarty, a barman, who swore that on the date of the offence he was given the ordar for tho concession ticket by Brewin, with a request that he go to Mrs. Brewin's residence, at Khyber Pass, to get the price of the ticket from her and then purchase the ticket at the railway office. He afterwards met defendant, who desired his presence to discuss some business and who offered to pay the price of the ticket, so that the time of the journey to Khyber Pass would be saved. The two went about in a motor-car, but had not time to go to where Mrs. Brewin was living. If this story were true, it would explain how defendant got possession of the ticket, but the magistrate was certain it was a concoction, for the following rea sons: —l. The business was of the vaguest character. It was so unimportant that on defendant's return from Wellington he did not see Fogarty for an indefinite time, and appeared not to know where he was. This supposed ignorance of his whereabouts was given as a reason for not producing Fogarty at the first hearing. 2. The story of Brewin giving Fogarty the order to get the ticket was quite unreasonable, seeing that Fogarty swore that Brewin was to be at the station that night, when, obviously, he could have paid for the ticket himself without all these roundabout proceedings. The story was ridiculous. 3. No word of Fogarty was mentioned by either Brewin or McDevitt before the rehearing was applied for. Offence Aggravated. Continuing, Mr. Povnton said that McDevitt swlore that Brewin's story was lies, that when Brewin said he received the order at 4.15 p.m. he (McDevitt) had it in his pocket at Devonport. Brewin made the second statement the next day, April 30. There was still nc? reference to Fogarty. McDevitt's evidence in some material particulars contradicted that of Inspector Hiskens. The Court -unreservedly accepted the inspector's version of the interview on the train.

" Defendant and his chief witness," continted Mr. Poynton, " belong to a numerous class of witnesses who think it no harm to lie to get themselves or others out of a scrape, but there is a risk m doing this. To consult with each other for such a purpose is to conspire to defeat justice—a very serious offence. Aa a warning to such amiable perjurers, section 137 of the Crimes Act may be quoted : Everyone is liable to seven years' imprisonment with hard labour who conspires to obstruct, prevent, pervert, or defeat the course of justice. " The evidence on the rehearing has convinced me bevond any doubt of McDevitt's guilt. He has made his offence worse by hb untruthfulness. He will be convicted and sentenced to 14 days' hard labour." Costs, £6 10s, were allowed out of money lodged on application for rehearing. Leave to Appeal Refused. Leave to appeal was asked for by Mr. Hackett The Magistrate: You abandoned the appeal. Counsel renewed his application, stating that the previous appeal had been with drawn out of courtesy to the Court. The Macistrato; A man who commits such an offence and then comes and tells such_ lies about it is not deserving of anv consideration. It is simply shocking to do what he has done, and then to come and perjure himself, and in addition, induce others to perjure themselves. Counsel : Then what harm .-an be done by allowing the position to bo reconsidered *

The Maoist 'Ibe appeal has been abandoned. He has 110 chance whatever, anvwav.

Counsel I ask leave to appeal against thi.! decision

The Magistrate : 1 refuse it. Tt is the worrt perjury I have heard in this Court. Counsel : If that is so

Ti» Magistrate: Sit downsit down! Next case, pleasr.