'DELIBERATELY TOLD UNTRUTHS'

Hawke's Bay Herald-Tribune, Issue 206, 16 September 1937, Page 9

'DELIBERATELY TOLD UNTRUTHS'

-Press Association.)

Witnesses in Assault Case "Deserved AH They Got" MAGISTRATE'S REBUKE

(By Telegraph-

WELLINGTON, Last Night. "It is obvious, of course, to aay listener with the slightest degree oi' intelligence, tliat the two prineipal witnesses for the Grown have gone back on tlie information supplied and have deliberatcly told untruths in the witncss box," said Mr. E. D. Mosley, S.M., in thc Magistrate's Court at 'Wellington to-day. *' As far as a third witness is cOncerned, sho told a few truths but has doncealcd a great part of what siie knows to he truc. "The two prineipal witnesses," continued the Magistrate, "have sufEered at the hands of third parties and are not prepared to tell the truth. The Court, therefore, is very much inclined to let them continue to sulfcr. Neverthelcss, had the other evidence been strong enough, I would have committed-accused for trial. It was not sufficiently strong, however, although therc is very littlc moral doubt in my mind as to their guilt or the guilt of some of them, and they were all together. "Counsel, of course, would have argued that they were not all concerned, but I would have held they were. What I want to say to the prineipal witnesses is that, in my opinion, they ceserve all they got, and if they are likely to come before the Court again, either as witnesses or defendants, it will be very hard .to convince the Courft they are telling the truth. "I hope they leave the Court with a proper sense of how ashamed they ought to be of having gone into the witness box and lied as they have done. It is „ very seldom, fortunately, that one gets young men, presumably born in Kew Zealand, who so disgrace themselves, and I hope their sense of disgrace will remain with them to the end of their days. Accused are discharged. ' ' "It your Worship ha'd not made these remarks, it was my intention to ask you to read the statements made to the police by the two prineipal witnesses to satisfy you "we were justified in taking action," said Detective-Sergeant P. Doyle, who prosecuted. The Magistrate: You needn't worry about that. I know the police do not take action without substantial reason. The case was one in which five young men were jointly charged on two counts with assault so as to cause actual bodily karm to Noel Percival Richards and George Richards. Accused were.- Samuel John Barrett, motor mechanic, aged 22; Allan George Lagle, timber worker, aged 22; John Ralph Cairncross, glass beveller, aged '21; Ed'ward Ernest Aitken, timber worker, aged 20; Neville Edward Gandy, labourer, aged 22. The eharges arose from a fight alleged to have taken placo in a house in Stepney Place on the night of SeptemL>' —