ABOUT A REVOLVER!

Dominion, Volume 6, Issue 1686, 28 February 1913, Page 5

ABOUT A REVOLVER!

ECHO OP WAIHI MOTH.

CHARGE iOF PERJURY.

SEVERE MENTAL STRAIN.

(By TelejmpU.—PreM Association.)

, , ■ 27, T Au ooho of tho recent at Waihl was hoard at tho Supreme Court, .when Walter Edmund Harvey, an Arbitration-,.' ' ist, appeared charged with committing; perjury. Tho charges were that accused ~, . committed perjury at ICarangahake on . November 10, when giving evidence lieforo Mr. Walnutty a coroner,- who «was ', inquiring into tho death of Frederick George Evans, tlio Fodcrationist, who was, .: fatally injured during tho disturbance. ' .. Wm. M. Walnutt, coroner for tho district of Wttihi, 6t«ted i that ho lield au .\ ' inquest extending from November 14 to Docember . 14, concerning the death of Frederick George Byans. Accused was cross-examined on December 13. Ho was warned by Mr. Lundon, who was conducting tho cross-cxaminatioii, .to" be; careful as ho might lay himself open to a cliargo , of perjury. His ovidenco; set forth th(it ho ,had never carried artyolyer in New. Zealand; did not present a revolver; at anvorio at ICarangahake on November 101 did not utter tlio word "Bill'.'in address- ■ ing six men at.tho same plaxso on tho same , , day; and did not say "It's all, right, Bill., , I've got you covered, or any words to that offect... . ■■ ■ .' ' Cross-examined by Mr. Reed, witness .v----said that atathat, time tho feeling tun ■ very, high , Federationists <ind : ,.' Arbitmtionists. . Mr. Roed: Was not accused looked upon - , as a,leader of tho Arbitrationi6tßP - Witness: He was. , ■ MSr. Roods Wos it not manifest that the Federationists had great feeling against ! himP • ' ' ' ' '' • " ■ ' Witness: Yob, very manifest. Witness 6aid that Harvey had been - cross-examined at length in other inquir- " ies held, at tho time, and suggestions of all kinds had been mado against hie ohaiv 1 actor. Therefore, by the timo ho trims orosaoxamined at tho cownal,'inquiry ho was I highly excited. . ■ ' ' t Mr. Roed: In fact, did ho not at one timo pick up tho,court Bible as, though ; lio would throw it at Mr. LundohP i ; < : V •Witness i Yes, ho lifted it apparently with ithat intention. Ho was terribly ex- 1 cited. He : added that acousod did not 'seem quito to appreciate what ho was saying. - ■ • ■' •' '.. .' ' '•' ■' " James Hindoo, who.'took down-tho'do- - jiositions at th 6 inquest, Agreed'that Har-' yeyi.was in a «ry cxciton. stptcat the timo of his cross-examination,. .> Mr. Tole: Do you mean, to say that lie v did not understand,what ho .was saying P;--Witness: Not quite that. Hoi.was wry . oxcitod though. ' . William Hunt, miner, of ICarangahake, deposed .that on Buiidnv, November 10, accused arrived in tho town on his wav from Paeroalo Waihl. Passing tho board-; inghouso ho presented, a revolver at . a party sitting on tlie roadside, and called .. out, "Jt's ill right;. BlU,' I've ! got you ' coverea.", Ho then drove on. ', ' >1 " I, Mr, .Rood: Djdn't you know there had ~ l>een a threat to fitick Ifarvey up ?, -■-Witness: Not until I hoard' it, in the :. ' other court. Henry John Bond and Patrick Hanfling. miners of ICarangahake, < corroborated . tho statements of Hunt. ■' ' . Percy Jamels Goldie, of Woihi. stated lit sold the revolver produoed to Accused on Octdbcr 14. •' '■' ■ r. Detoctivo; Swieoney, who. was on -duty- I 1 temporarily at Waihi.during tho disturb- ' ance,; oorrolibrated tho evidence t)f ■ tho 1 coroner as t<>/what; had sworn, Subsequently witness 6earohbd ;-accuscd's room and found a wvolyor. AqoUECd was , i. served .with a isuniinons to appear ,at tlio ' court-on January. 51' to answer,; a; charge"»' : of having presented a' Mvolveftat'' 'KBfca- i:<ui '. ligahalce, but before that dato he took passago, fori Sydney. /On being warned about leaving ; tlio Dominion lie said lie would be hack in time ,to Answer the ' charge., Subsequently, ,in consequence of'-'- " instructions .received, )ritness laid an in- '■ fdrmtition'against accused on a charge of. ■ perjury, and Harvey flias'arrested immediately iil>on arrival at Sydney. Ho was tinder ,an . assumed j)ami>,' biit 1 had com- ■ municatcd his light itaiat to the captain, ' "■ and asked for police protection-as theio ' -V. ; were'jFedorationists on-board, 1 • 1 ; M'r. Reqd: If you .had been' in accuseds. ! plflce, .w'ould you have ,|jeen frightened: tlwt some injury might have been dono <«)' i you'P." ' '■: l'ho detective: licortainly '.would. have ■ been. ; ! ■' .■■ ' Mr. Roed.: Had jHarvsv .f.raple• timo to -: go to and set .back'in time to ahsivcr this chargo pf assaultP< , . The .detective: Plenty of time. • : No oyidpneo .was called- by Mrrßced. ' .His Honour, in Bumming ,uji,'6aid tht ■■ aefeiice odmitrcd that tho statements had' ; been ,mado, and that they were untrue, therefore the cdso rosolm' itself into an • inquiry into the 6tate of tho man's mind when no made tho statements. Tho que»lion before the, jury was not one-of Jaw. but of fact.' V'V' The. jury, ,aftor a.lnief retirement, found , , accused 'not,guilty.' • . ' TJw ioreman jeisjilained ithat Ills fellovra considered ihnt aooused' had mado.false,; ■ statements '.when suffering from severe . \ - mental strain, without iftpprcciatirig tho 1 importance of what lie-said,; and that .thj»." j!• Creivh had failed to ostoblislr intent 'to\-S\ mislead justice, ■Prisoner'.was . ;