ALLEGED PERJURY.

Wanganui Herald, Volume XXXVI, Issue 10666, 10 June 1902, Page 3

ALLEGED PERJURY.

The further he»na» of the charge' of perjury against Charles Hawkins, adjouraed on Wednesday last to enable the evidence of W. T. Benefield to be given, waa taken at the P»ttfce Court this. saorning, before Messrs E. N. liffiton and Alf. A-Gower. J's.p. Ac fuad was charged with falsely swearugL that he was not drunk or under *he influeaoe of liquor when in charge *>f a (Hat on the road~to Aramoho on «he l*h April, and that the conductor •did ant attempt to take the reins from , *he evidence of Mr BeMleM was to 1 tte effect that accused waa the worse of liqubr, that he did ** consider him capable of loolria* alter the horses,! and that the ceMMtor on more than one occasioa triti to take hold of the reins, bat the accused would At give the* v. i Mr Ttaadwell submi««d that there waa no ease to go te tlie Higher Court, caateading that a man alleged by the prosecution witnesses to be so drunk as to be incapable of knowing what took place on a particular occasion, and subsequently swearing that oa the occasion in question the reins ware not touched by the conductor or taken from him, could not possibly have committed perjury, in that it must be ■hown ffiat the oath waa taken wilJully and deliberately, and with the intention to mislead:. Aftar < referring to the definition of the word "drunk* Mr Treadwell added that it was absrard to charge a man with perjury for ■wearing that he was not drunk; tnat arfter aff it was only a matter <* opinio», and he had never heard ot a man, after recovering from drunkenness, beinr convinced that he had been drunk. -The Bench remarkaa that it was not their function to decide the point 5^ Jy Mr Treadwell, and con&tered that a pnma, facie case had been made out. The accused was committed for trial C.Jrtr^be^^ed. 4116 "^