NEW TRIAL SOUGHT

New Zealand Times, Volume LIII, Issue 12394, 13 March 1926, Page 4

NEW TRIAL SOUGHT

ALLEGED PERJURY CHIEF JUSTICE REFUSES APPLICATION HEAVY DAMAGES INVOLVED. Per Press Association. NAPIER, March 12. A motion for a .now trial of a case heard this session in Which Eleena Agnes Christie, widow, claiming £5650 damages from Walter ManeOn, sawmiller, of Napier, was heard in the Supreme Court before the Chief Justice to-day. The case was a claim, for damages in respect to an alleged assault and communication of disease. Plaintiff moved for a new trial an ttie grounds of alleged misconduct of witnesses affecting the trial. In support she produced two affidavits, one by Susan, Ann MoKechnie, widow, of Napier, and the second by Sarah Isabella Rumpler, of Napier, alleging that Dr. H; F. Bernau, of _ Napier, committed perjury. Affidavits stated that the persona named on them were both told by Ur. Bernau in October, 15)25, and in January, 1926, that he never examined the defendant, * but gave merely a certificate on his war records “I may say. Your Honour,’’ said Mrs Dy'ett, in supporting her application “that it was in my presence on January 17th, 1926, that Dr. Bednau made that statement, "In my opinion it would he improper for me to give a new trial,” said His Honour. “Your affidavits in no wav establish' that Dr. Bernau committed perjury at the trial' The statement by the doctor to those named in the affidavits may have been misundeistood, hut in' any ease you would have to establish that the alleged false evidence would have materially affected the result of the trial, which, in my opinion, it would not. The application,” lie concluded; “is refused with £lO 10s costs against the mover.” Mr H. B. Lusk appeared for Walter Mansan, hut took no part in the deliberations, His Honour remarking that he “thought it was unnecessary to call on Mr Lusk.”