MEN WHO “FORGOT”

Wanganui Chronicle, Volume LXXXIII, Issue 19842, 17 May 1927, Page 11

MEN WHO “FORGOT”

UNSATISFACTORY WITNESSES WARNING BY MAGISTRATE EVIDENCE REFERRED TO CROWN “I don’t know whether he is purposely stupid or constitutionally stupid,” said the Magistrate (Mr J. 8. Barton) yesterday referring to the evidence of a police witness in a licensing case. His Woiship took a verbatim report of three witnesses called to support the prosecution, anti he intimaUM, at the close of the case that he purposed sending this report and tne statements made to the police by these witnesses to the -Crown Law Office. “This is why evidence for tho do- . fence in licensing cases is often brushed aside,” said Mr Barton. “Where liquor and drinking habits are concerned men will get into the box and lie, and the evidence of one reliable constable is preferred to the testimony of a number of witnesses such as these.”

Thomas George Vangioni, licensee of the Metropolitan Hotel, was charged with selling liquor inuring prohibited hours, and Thomas Sheahon, a person other than the licensee, was charged with supplying liquor to three men. Eric Tasker was asked by the Ben-ior-Sergeant whether he was at the Metropolitan Hotel on Good Friday night. “I thought I was there,” the witness replied, ‘ ‘ but I was so drunk that I don’t know where 1 was.” The witness had made a statement to the police on April 19, and he idid not state correctly what had occurred. This he said, was because he thought then he had been to the Metropolitan Hotel, but he was so drunk he did not 'know exactly where he had been. The Magistrate’s Warning

The Magistrate warned Tasker that his evidence was reported' verbatim, and the possibility of perjury was a very serious matter. Senior-Sergeant Lopdell, who conducted the prosecution, asked witness whether he had lied in his statement or in tho box. Witness; I’ve been lying in the box. To a further question witness replied that he did not think he had told any lies. The Senior-Sergeant read a statement made by Tasker to Constable O ’Brien, in which he said he had had had a porter-gaff in the Metropolitan Hotel and his companions haid,' longbeers. The Senior-Sergeant: Is that correct? Witness: I don’t know. I don’t remember where I was on Good Friday night. I don’t know what hotel I was in. Did you tell Constable O’Brien that you had seen Sheahon and that he was the man who served you?—l don’t know whether he served, me or not. His Worship: Did you tell Constable O’Brien the man had served you? Witness: 1 don’t remember. Replying to a question by SeniorSergeant Lopdell, witness said he marije his statement quite voluntarily. Nothing was suggested to him by the police, and he had not talked about the matter with Austin or Shortland. Mr Barton; Why did you make the statement? Witness: The police forced me into it. Senior-Sergeant Loptlell: Who forced you into it Witness: Mr O’Brien. Woul'd Not Hang a Dog The Senior-Sergeant: I was expecting this. How did he force you into Witness: He got me ono morning and told me I had to make a statement. Senior-Sergeant Lopdell said he did not wish to ask the witness any more questions. Ho wouhd,- not “hang a dog” on that statement. Mr Barton: I purpose sending a copy of the evidence and the statement to the Attorney-General. To Mr Blennerhassett, who represented the defendant, Tasker said they drank a bottle of whisky between 7 p.m. and 8 p.m. and then went to a friends house where they had some more to drink. He had a sleep, aud when he awakened he found he had lost some money. He accused his friends of taking it and insisted on going to the police station. Charles Austin saiid,' he met Tasker and Shortland on the evening in question; they both were drunk. Tasffer invited witness to drink with him, and, so far as witness knew, they went to tho Criterion Hotel. The Magistrate: What happened there? Witness: Well, so far as I am told, we never went there at all. But you have told me you went to the hotel.—Well, so far as I know . . so far as I know ... I don’t know where we were. After expostulating fpr some minutes that he iddd not remember anything about tho night, the witness suddenly remembered that he had told the constable that ho bad been at the Criterion Hotel, and that Tasker had afterwards told him that they visitad the Metropolitan Hotel and he altered his version. Dangerous Lack of Memory To Mr Blennerhassett witness said he did not know Sheahon, the porter at tho Metropolitan Hotel, and when confronted with him witness could not remember ever having seen him before. He could* not rememmber to which hotel he had gone, or what they did there. Counsel: Do you drink heavily? Witness: Yes, I : fio —sometimes. Mr Blennerhassett: If you didn’t drink so heavily you would be able to

remember more. Your lack of memory might harm Mr Vangioni. Similar lapse of memory was exhibited by Charles Henry Shortland l , who did not know whether they had been in an hotel or not. In his statement, witness first put Criterion Hotel, but lie altered thia to Metropolitan Hotel, he said, on Constable O'Brien’s suggestion. “I don’t remember being in any pub,” he declared. “It is not fair to the defendants to press the case any further,” said Sen-ior-Sergeant Lopdoll, “but I would like to put Constable O’Brien in the box so that he might be exonerated.” “I know Constable O’Brien,” said the Magistrate. “I would not hold an imputation against a cat or a dog on the evidence of those men.” Mr Blennerhassett pointed out that Sheahon was off duty at the hour the witnesses alleged they were served by him. Mr Barton: There is no case to answer.