ALLEGED PERJURY.

Manawatu Herald, Volume XLVIII, Issue 3010, 13 March 1926, Page 2

ALLEGED PERJURY.

CHIEF JUSTICE REFUSES

APPLICATION

HEAVY DAMAGES INVOLVED,

Napier, March 12. A motion for a new trial of a case heard this session in which Eleena Agnes Christie, widow, claiming £5,650 damages from Walter Manson, sawmiller, of Napier, was heard in the Supreme Court before the Chief Justice to-day. The case was a claim for damages in respect to an alleged assault and communication of disease. Plaintiff moved for a new trial on the grounds of alleged misconduct of witnesses affecting the trial. In support she produced two affidavits one by Susan Ann McKeehnie, widow, of Napier, and the second by Sarah Isabella Rumplcr, of Napier, alleging that Dr. H. F. Bernau, of Napier committed perjury.' Affidavits stated that the persons named on them were both told by Dr Bernau in October, 1925, and in January, 1926, that he never examined the defendant, but gave merely a certificate on his war records.

■ “I may . say, Your Honour,” said Mrs Dyett, in supporting her application, "that it was in my presence on January 17th, 1926, that Dr Bernau made that statement.

“In my opinion it would be improper for me to give a new trial,” said His Honour “Your affidavits in no way establish that Dr Bernau committed perjury at the trial. The statement by the doctor to those named in the affidavits may have been misunderstood, but in any ease you would have to establish that the alleged false evidence would have materially affected the result of tho trial, which, in my opinion, it would not. The application,” he concluded, “is refused with £lO 10/- costs a-

gainst the mover.” Air H. B. Lusk appeared for Walter Manson, but took no part in the deliberations. His Honour remarking that he “thought it was unnecessary to call on Mr Lusk.”