PERJURY CHARGE

Hokitika Guardian, 7 November 1928, Page 6

PERJURY CHARGE

VERDICT OF NOT tUMI/l'Y

(By Telegraph—Press Association)

DUNEDIN, November 5

Arising out of an action for slander 1 join'd in August last at Dunedin, before Judge Osier, and in which Thomas Henry Brown claimed from George Augustus Herbert, the sum of £SOO for"alleged slander, the latter was charged at the .Supreme Court to-day, before, Air Justice McGregor and a jury, with having committed perjury during the hearing of the case. Judgement was given for the defendant in the slander action, hut in deliveiing judgment, his Honour said lie was forced to the conclusion that the defendant had "been guilty of perjury and of suborning at least one other witness to commit perjury. AN hen the Court adjourned at o. 3() p.m., the case was unfinished. -It wil be continued to-morrow morning. DUNEDIN, Nov. 6. After a retirement of alvout a quarter of an hour, the jury hearing the charge of ]X?rjurv against George Augustus Herbert, returned to Court with a verdict of ‘biot guilty,” and the piioner was discharged. The hearing of the ease engaged the attention of the Court all day yesterday. and up till the luncheon, adjournment to-day. Herbert was alleged to have committed perjury in stating in evidence in a slander action against him some months ago that Henry Thomas Brown had asked him to have the speedometer of his motor car set hack before it was sold, and that he'made that statement in Steelman’s Garage to a man named Carter and the two Steelmans. The Crown maintained that the car was not brought into Todds Garage to have the speedometer set back, that t!ic* speedometer was not set hack, and that the two Stedmans were not present when the statement was alleged to have been made.

The jury retired at 12.-Id and returned a few minutes before one o’clock wuh a verdict of not guilty.

Air Adams for the Crown, referred to the fact that there was a similar charge against AVilliam Havana,gh Areroer. and said he would suggest to the Solicitor-General that the decision in Herbert’s ease b<* taken as deciding A forcer’s case. He proposed to ask tlmt the other ease stand down till next session, and to apply for a nolle prosequi.

Air Hanlon, for the defence, suggested that the Crown Prosecutor should wire away at once and not leave the ease hanging over Mercer’s head for so long. His Honour. Afr Justice MacGregor, agreed that the case should stand down till the end of H ,r ' "’vx-mit list till Afr Adams received advne from Wellington.