“SCANDALOUS SHAME.”

Franklin Times, Volume 9, Issue 638, 3 June 1921, Page 7

“SCANDALOUS SHAME.”

CHARGES OF ALLEGED PERJURY. AND MALICIOUS PROSECUTION. INFORMATIONS WITHDRAWN. ARREST OF INFORMANT. ALLEGED INTIMIDATION. It will be remembered by readers that on May 11 last at the Pukekohe Police Court, before Messrs C. K. Lawvie and R. F. Webster, J.’sP., Alfred Crossey, alias Crosby, was charged that on or about March 16, 1921, at Te Kauwhata, he obtained goods (grapes) to the value of £2l by means of certain false pretences, to wit, a valueless cheque, from one Francis Thomas Symes, of Te Kauwhata.

After several witnesses had been examined, the Court discharged accused as it was considered there was not sufficient evidence to warrant the case going to a higher Court. Mr Lawrie remarked that Mr Crosby left the Court without the slightest stain on his character.

As a sequel to the case, and on the information of Alfred Crosby, dealer, of Pukekohe, Francis Thomas Symes, of Te Kauwhata, was charged, at the Police Court yesterday, before Messrs C. K. Lawrie and J. G. Russell, J.’sP., (1) that on May 11,1921, at Pukekohe, did use evidence maliciously to wrongfully obtain the arrest of the informant for the purpose of procuring ? criminal conviction; (2) on the same day and date he committed perjury in giving evidence in the criminal prosecution, Police v. Crosby, did swear that he had no communication whatever, either by wire or verbally, from the informant, whereas be received both, and that a cheque drawn on the wrong bank and which he had been notified by wire was bad, was unknown to him to be such; and (3) that he committed perjury by giving evidence in the criminal prosecution of Police V", Crosby, did swear that he met me on March 21, 1921, at Te Kauwhata station and gave me “position” of five crates of grapes also that Thomas James’ “check” was never mentioned and that he never received no money from Crosby at that date whereas the said informant paid him £l2 in the presence of two witnesses, the said Symes denied on oath on May 11, 1921, at the Police Court, Pukekohe; further on the same, day he did use false evidence maliciously and wrongfully to obtain a criminal conviction against the said Alfred Crosby. The latter information was composed by the informant, hence the irregularities.

When the case was called the informant did not appear, and it was at one made known that he was under arrest in Auckland on certain charges cl: which, no doubt, more will be heard later.

The Bench doubted whether it had power to consent to withdrawal of the charges for perjury, being indictable offences.

Mi Percy H. Basley, who appeared for the accused, Symes, quoted sections from the Justices of the Peace Act, which gave the Bench power to consent to the withdrawal of the charge of perjury. The police raised no objection, and Ml Basley said it was unfortunate that these informations had ever been laid as he was satisfied they arose out of a miscarriage of justice, when the information, Police v. Crosby was dismissed on May 11, last, but lie was led to believe they were laid for the sole purpose,, of blackmailing Mr Symes. The case had cost the State £2O or £3O and his client about £2O. One of the informations laid was for the purpose of intimidating Mr Symes. It was a direct attempt to intimidate a Crown witness when Crosby was charged with obtaining money under false pretences. Crosby, he understood, had 11 previous convictions against him, dating back since 190-1, and including four in Australia. He was now under arrest in Auckland, he believed, to answer similar charges of false pretences He was a menace to the community and. he hoped he would be put away for some time, It was a disgraceful state of affairs and a scandalous shame that his client had been caused the ignominy of having these charges entered in the Court records against him. Crosby had made a statement to his client and tjm innuendo was that if Symes paid Crosby £IOOO the charges would be withdrawn. This was an attempt to blackmail Mr Symes. The informations, too, were served in a peculiar manner, by Crosby himself. They were not served through the Court. He requested the Justices to enter that the informations were withdrawn at the instigation of the informant.

Sergt Cowan said the police had made inouiries and found that the wbo'e object in laying the information was to obtain money from Symes. Ho interviewed Crosby in the Auckland Court lock-up and he signed the following statement, which was witnessed by Sergt. Cowan:—“l, Alfred Crosby, wish to withdraw the

information of perjury and malicious prOseciition that I have laid against Francis Svmes, of Te Kauwhata and which were to have been heard in the Pukckolie Court on June 2 3921.”

The charges were therefore struck out.