OFFENCE AGGRAVATED.

Otago Witness, Issue 3886, 4 September 1928, Page 69

OFFENCE AGGRAVATED.

MAGISTRATE’S STRONG COMMENT. CHRISTCHURCH, August 31. “ This man ought to be indicted for perjury. I hope that the police will look into the matter,” said Mr E. D. Mosley, S.M., when convicting William Barns, a baker, residing at 40 Hutcheson street, Sydenham, on charges of assault and indecent language. “ The man added to his offence by going into the witness box and perjuring himself,” said Mr Mosley. “ I must believe the evidence for the prosecution. I shall not direct the police to take action for perjury, but I will take this into consideration in fixing the penalty.” Barns, who was represented by Mr Twyneham, pleaded not guilty to a charge of assaulting Alfred Hengist Spark, and not guilty to a charge of using indecent language. The police evidence showed that Barns and Spark, between whom a feud existed, had fought. Barns had been the aggressor, and, in addition to choking Spark by the throat had used violent language. Barns, in evidence, admitted that he had “ waited ” for Spark. He had then assaulted him. He contended that Spark had been the aggressor and denied that he had used indecent language. After making the remarks recorded above the Magistrate convicted Barns, fining him £5 and costs, in default ond month’s imprisonment on each charge.