Perjury Charges Dismissed

Wanganui Herald, Volume XXXXIII, Issue 12582, 1 October 1908, Page 5

Perjury Charges Dismissed

WELLINGTON, September 30.

At the Magistrate's Court to-day, Mr W. G. Riddell, S.M., dismissed the information laid by Edward J. Searle against Leo De Laval and Constable Havelock (in separate cases), charging both with perjury. The charges arose out of a late civil claim for wages preferred by De Laval successfully against Searle. The informant in the present case swor« that De Laval and Havelock had testified falsely on a very material point in this civil claim. In dismissing the information against De Laval, his Worship said that in a private prosecution like the present one, it was»absolutely essential that the informant should take care that his evidence should be of such a strength that a° prima facie case must be made out. After hear'ng independent evidence he was quite sure that such precautions had not been taken. In this respect informant's conduct .was reprehensible. Considering the evidence for the prosecution and the impartial witnesses, his Worship was quite confident no jury would convict defendant of the charge. Mr Wilford, who appeared for Havelock, and Mr Toogood, defending counsel, asked for costs and witnesses' expenses, but his Worship said he had a doubt as to whether he could award costs in an indictable case. He would reserve his decision regarding costs. . No evidence was called in the rase .against Bavelock, and his Worship dismissed the information.