CHARGE OF PERJURY.

New Zealand Times, Volume XXXVII, Issue 8366, 28 February 1913, Page 7

CHARGE OF PERJURY.

THE WAIHI TROUBLE JURY FENDS WALTER HARVEY NOT GUILTY. Press Association. AUCKLAND, February 27. An echo of the recent rioting at Waihi was heard at the Supreme Court to-day, when Walter Edmund Harvey, an arbitrationist, appeared charged with committing perjury. The charge was that accused committed perjury at Karanghako on November 10th when giving evidence before Mr Walnutt, a coroner, who was inquiring into tho death of Frederick George Evans, the federationist who was fatally injured during the dis turbance. CORONER’S EVIDENCE. William M. Walnutt, coroner for the district of Waihi, stated that ho held an inquest, extending from Novemhel 14th to December 14th, concerning tho death of Frederick George Evans. Accused was cross-examined on December 13th. He was warned by Mr Lundon, who was conducting the cross-examina-tion, to bf careful as ho might lay himself open to a charge of perjury. His evidence set forth that ho had never carried a revolver in Now Zealand, did not present a revolver at anyone at Karangahako on November 10th, did not utter tho word “Bill” in addressing six men at the same place on the same day, and did not say “It’s all right, Bill, I’ve got you covered,” or any words to that effect. Cross-examined by Mr Reed, witness said that at that time feeling ran very high between foderationists and arbitrationists. Mr- Reed: Was not accused looked upon as tho leader of tho arbitration iste? Witness: He was. Mr Reed; Was it not nfanifest that tho federationists had great feeling against him ? Witness: Yes, very manifest. Wit-, ness said that Harvey had been crossexamined at length in other inquiries held at the time, and suggestions of all kinds had been made against his character. Therefore, by the time ho was cross-examined at tho coronal inquiry he was highly excited. Mr Reed: In fact did ho not at one time pick up the Court Bible as though he would throw it at Mr Lundon? Witness: Yea. He lifted it, apparently with that intention. He was terribly excited. Witness added that accused did not seem quite to appreciate what he was saying. VERY EXCITED. James Mclndoo, who took down the depositions at tho inquest, agreed that Harvey was in a very excited state of the time of his cross-examination. Mr Tole: Do you mean to say that he did not understand what he was saying? Witness: Not quite that. He was very excited, though. PRESENTED A REVOLVER.' William Hunt, miner, of Karanga hake, deposed that on Sunday, Novem her 10th, accused arrived in the town on his way, from Paeroa to Waihi. Passing the boardinghouse he presented a revolver at a party sitting on tho roadside and called out, “It’s all right. Bill, I’ve got you covered.” He then drove on. : Mr Reed: Didn’t you know there had been a threat to stick Harvey up? Witness: Not until I heard it in the other Court. Henry John Bond and Patrick Hanfling, miners, of Karangahake, 1 corroborated the statement of Hunt. Percy James Goldie, of Waihi, stated that ho sold a revolver (produced) to accused on October 14th. TOOK PASSAGE TO SYDNEY. Detective Sweeney, who was on duty temporarily at Waihi during _ the disturbance, corroborated the evidence of the coroner as to what Harvey had sworn. Subsequently witness searched accused’s room and found a revolver. Accessed Was served with a, summons to appear at Court on January 21st to answer a charge of having presented a revolver at Karangahake,, but before that date he took passage, for Sydney. On being warned about leaving the Dominion he said he would be hack' in time to answer the charge. _ Subsequently, in consequence of instructions received, witness laid an information against accused on a charge _of perjury, and Harvey was arrested immediately upon arrival at Sydney. He was under an assumed name, but had communicated his right name to the captain, and asked for police protection, as there were federationists on board. Mr Reed: If yon had heen in accused’s place would you have been frightened that some injury might have been done to you ? Tho detective: I certainly would have heen. Mr Reed: Had Harvey ample time to go to Sydney and get back in time to answer the charge of assault? Tho detective: Plenty of time. No evidence' was called hy Mr ReedHIS HONOR’S SUMMING UP. His Honor, in summing up, said the defence admitted that statements had been made, and that they were untrue. Therefore the case resolved itself into an inquiry into tho state of the man’s mind when ho made tho statement. The question before the jury was not one of law, but of fact. NOT GUILTY. Tho jury, after a brief retirement, found accused not guilty. The foreman explained that his fellows considered that accused had made false statements when suffering from severe mental strain, without appreciating the importance of what ho said, and that the Crown had failed to establish intent to mislead justice. The prisoner was thereupon discharged.