PERJURY ALLEGED

New Zealand Herald, Volume LXIX, Issue 21295, 23 September 1932, Page 12

PERJURY ALLEGED

1 DAMAGES CLAJM SEQUEL /" | CARRIER BEFORE COURT. ' ' COMMITTED FOR TRIAL . i,;/ •' H . ■ v !•' Charged with committing perjury , i the Supreme Court ori August 12, Lrnej Cheadle, aged 30, carrier and contracto appeared in tho Police' Court yesterds Wore Mr. F. K. Hunt, S.M. ri;' The chargo against Cheadle was thi ho committed perjury iu a hearing befoi jfttr. Justice Herdman in the Supren Court at Auckland of a Writ issued b Michael Visiter Karews, claiming dan 'ages against Arthur Stanley Holton f< negligence, by falsely swearing "T remember Tuesday, February 23, th ye^r; I saw an accident just before on o'clock; I was walking up Symonds Stre« an£ was nearly opposite tho accident. Whereas, in "truth, and in fact, he wsi vo\ in Symonds Street at or near on o'clock on "February 23, and did not se the, accident. Alclerk in the Supreme Court said tha in tie case judgment was given for tin . plaintiff fof £lll6 17s 6d and costs. A< eused- gave evidence on behalf of plaintiff The Crier, of the Supremo Court said h administered tho oath to accused befor ho gave evidence, and accused swore h •was aii eye-witness of an accident t Karews, in Symonds Street, about on • o'clock on /February 23. A solicitor, J. F. W. Dickson, said h< cross-examined accused, who swore tha at the time of tho accident he was cominj; iip Symonds Street and saw Karewi '* knocked down by defendant s truck. Tram Motoraan's Evidence , f 'Arthur Stanley Holton, carrier, saic lie 7 was the defendant in tho case. Ho wai driving his truck - down Symonds Streel and knocked down and injured Karews who took proceedings against him. Hn • heard accused swear he was in Symond: ; 6'treet and 'saw the accident. Witness die not see accused After the accident. Aboul 'August 20 accused spoke to witness in £ city auction market. Accused asked wit' ness who had told him that he was getting ; £350 to appear as a witness. Witness re " plied he had not heard anything about it : and asked accused where he had heard St. Accused said, "Oh, it just came to mj jears." ■"<' ' I® Charles Edward Hagues, a tramwaj • inotorman', said he was first on the scene jffter tho accident, but lie did not see Recused. He met accused in Queen Street }Dn September 12. Accused said: "I have got myself into a bit of trouble. I have been talking to a Dalmatian who said ha ■ jjacl seen where Karews had received a sum of money. He asked .what I was getting out of it, and I said . for a joke T wag receiving £2OO or £250." [Accused asked whether witness could swear to seeing him at the accident. Witness replied that ho could not swear accusud was there, whereupon accused said it was a pity he did not remember, as he could have helped him considerably. Visit ,to the City Thomas Gladstone Botterill, traffic inspector employed by the Auckland City Council, said ho did nob see accused at the accident. He would have seen accused had ho been in the immediate vicinity. John Peter Sinkovich, labourer, of Henderson, said he visited Auckland with ac- , cused on a Tuesday in February. They arrived at the. garage in Albert Street about 12 6'clock, or a little later, and after leaving there, accused drove to an engineering shop in Hobson Street. They remained in the vicinity of Hobson Street ■until 4.30 p.m. During the whole day accused was never out of witness' company. They did not walk up Symonds Street, nor did he see any accident. It Was impossible for accused to havo seen pn accident unless witness saw it. Several witnesses said that accused visitsd their places of business about noon on February 23. • Mrs. Doris Adelia Marshall, of Hobson Street, said accused called at her place on February 23, and she spoke to him at the gate.. She said accused later stayed at the and asked if she had made a statement to, the police. She said she had not, whereupon accused told her not to do so, nor to sign anything. He mentioned'that he believed tho Dalmatian had given him , away. John W. L. Warren, managing director of the Warren Engineering Company, said ' that on September 12 Cheadle called and asked if the police had been making inquiries, but he did not say what about. Witness sai'd the police had not been there '•_ v for the past three months. Accused appeared relieved and then left. Evidence ol Detectives ' Andrew Si'nkovich, orc'nardist, of Henderson, said he had met accused at Freeman's Bay on August 15, and mentioned that ho had seen accused's namo in the paper, as a witness in a Supreme Court case. Accused said he had obtained £l5O from it, but later said be bad only made this statement for fun. Witness asked accused to show him how tho accident occurred, and accused gave a demonstration as to how Karews had been hurt. On August 23 accused came to see witness at Swanson and asked if witness had -given a solicitor a statement. Witness asked accused whether it was true, that he had told the solicitor he would tell the whole truth for £250, and accused said it was true", Further questioned by witness, acCused said the taxi-driver Karews, had no money, but there was another man behind liim who would finance the case, and lake half if tho case was successful. If the defendant won, however, plaintiff would not lose anything. R. E. Fawsetfc, solicitor, said he saw accused at Northcote. Accused said that for £250 h® would get evidence to convict the financier behind the case. Accused also eaid that although things looked Suspicious, be wag honest. Detective-Sergeant Doyle said he interviewed accused on August 28. He was taken to Symonds Street to show exactly Where the'accident occurred. He showed three places, the final one being 10 yards eouth of the actual spot. He said be was going up "the left side to Grafton Bridge when lie saw tho accident, and was alone at the time. He wag on his way to meet a girl. He gaid he met her later, and told her all about the accident, but would not disclose her name and address, as he said she would deny having seen him. He also Enid Sinkovich wdr not with him on the 1 day of the accident. Detective McWhirter gave similar evidence. Accused pleaded not guilty, and reserved his defence. He was committed to the Supreme Court for trial.