ALLEGED PERJURY

Shannon News, 29 January 1924, Page 3

ALLEGED PERJURY

A RECENT LICENSING CASE. WITNESSES CHARGED AT LEVIN. (Otaki "Mail.") At a special sitting of the Stipendiary Magistrate's Court cm Friday, before .Mr E. Page, S.M., oinJ'ges ot iillogicd perjury were heard against Alfred Walshaw and Frank Edward •vAPOII. THE CHARGES.

The charge laiu" against Walshaw Was. "that on October'll), 1923, at Le-

vin at the Magistrate's Court, during the hearing of tine criminal case

against Walshaw wherein he was eiiafged with selling liquor alter hours (and with supplying liquor to a person .under .21 years 01 age he did lalsely assert as part of his evidence on oath ftthe following words: (1) 'Only three men came into the hotel,' (2-; 'lt is incorrect to say that they were-served with liquor,' and (3) 'lt is also incorrect that 1 introduced them to Capon,' such assertions being known to you to be false and being intended by you to. mislead the S.M. before whom tliie case was heard, being an indictable offence." The charge against Capon was that at the hearing of the same case "he did falsely assert as part ojf (his evidence on oathi the following words: (1) 'I don't remember young men coming to the hotel that night,' (2) by answering 'No' to the following question put- by the S.M.: 'Were you introduced to any young men that arrived in ta'oar that nigjhi?' such assertions being known to such witness as being false and intended by him to mislead the S.M.".

The case, for the police was conducted by Detective Sergeant Quirke, and Mr H. O'Leary appeared for the defendants.

The case against Walshaw was tal* en first.

Senior-Sergeant Eraser stated in evidence that on October 19 last he attended the Magistrate's Count, Levm, when he prosecuted accused Walshaw lor a breach of the Licensing Act alleged to have occurred on 16th September at Manakau. Mr,,Stout, S.M., presided. Alfred Walshaw gave evidence on his own 'behalf after being sworn. Witness took a rough note oi defendant's evidence. He stated that "only three boys came into •'the hotel on that night. I did not introduce them to Capon. 1 did not supply them with any liquor." Defendant had identified one of the boys -by saying tha.t he had mud on his clothes which he" had told defendant he had got trough riding a cow at Levin. He said he sold thie boys two packets of cigarettes but refused tihem liquor. Mr O'Leary: On their own admission these young men had been guilty of breaches of the Licensing Act had ! they not?

With being on licensed

Witness: With being on licensed premises, yes. Were they charged with .Uhat? No. They were charged with other offences committed on that night. Three of them .were called, as. witnesses in title" police case against Mr Walsihaw?—Yes.

Counsel: Two of theni had procured liquor on, Sunday after hours at an hotel at LeivinP—Yes.

In reply; to the Magistrate Detective Sergt. Quirke. stated that evidence would be to show that six boys had gone to the hotel, that they were served with liquor and that Walshaw introduced them to 'Capon. Constable Bagrie stated that ha had heard Walshaw giving evidence at "the hearing before Mr Stout. He stated that "only three rnen came into the hotel," thaitj he did not .supply them with any liquor, and that he did not, introduce them to Capon. This. Was only part of his evidence. by Mr O'Leary, witness said that the three men who gave evidence at the case weifj Debreceny,

Baker and Edwards. • The conduct ol their four companions at Levin that night became a matter of public notoriety. At a subsequent date they were charged with offences committed at Levin.' He could not speak with any certainty, on a subsequent cnarge against them at Otaki. He heard in • the evidence that two of the men had

Iliad liquor. To Det. Ser. Quirke: Witness, said only three) of the men were called hecausje three of them had absconded and thq warrant for the other was not then executed. The three who gave evidence said that six went into the ManakaU Hotel. Constable Greggan said he remembered being on duty at the' Court at Levin on October 19th, when the case

against Walshaw was heard. ' Walshaw had said in evidence that Only three men 'came into the hotel. They asked for liquor. He did not supply them with it but gave them cigarettes. Ho did not introduce them to Capon. Edward Bernard Andrew O'Donnell, journalist, stated that he was employed by the Levin Chronicle. On 19th October 1923, he was present at the hearing of the case, Police v. Walshaw. -He heard the evidence of Walshaw on that occasion, but could not now produce his notes owing to their having been destroyed. As far as he I could remember Walshaw said that ] only two or three men came into the

bar, he; did not supply them with liquor and Capon was not present at the time. . William Rikihana,' labourer, Otaki, in evidence, said that he formerly lived at Levin. On 16th Sep\ tember, 1923, he was in company with Clifford Lloyd, Fred Edwards. Ernest Debreceny, Harold Knox, HaTOld EcTward Baker, six of them altogether. They went to Manakau that evening, j and went to the hotel about 8.30 p.m. j That was Sunday evening. Six of them went to the hotel. He knew the licensee, Mr Walshaw. At that time Fred Edwards shouted a longi shandy each, hi a room off the bar. Defendant took the order and served them. Edwards paid for the drinks. Walshaw s aid he Was leaving the hotel and introduced them to someone—-whom witness did not remember—as the new licensee. ' , . '

To 'Ml* O'Leary: Witness was living in Otaki at the time and the visit to

tho hotel took place when he was retunning home from Levin. He left Otaki after 'midday with Fred Edwards on the, latter's motor bike. The otbier four left OtaM after witness,

who- did not know they were going to Levin. He met them in Levin a little alter 7. He had not called at the Manakau Hotel on the way up and evidence that he had woutid be untrue. He had been at the Manakau Hotel a few times .before the Sunday mght and knew tone room where they had the liquor. He had had liquor in the hotel before and the locality was ilod new to him on the Sunday night. Tttiey had procured the liquor at trio j Grand Hotel after he. and Edwards had

met the other four. He went into the Grand Hotel 'but he could not recall who else. They got 9 large bottles of beer and consumed it on a vacant section in Levin, not in the Grand Hotel. It was just about alter this that tihey went to the Methodist Churcli. As a result of this witness was subsequently fined in the Levin court. He weni back in the oar "be-

cause Edwards was too drunk tu nue it. Witness was pretty drunk. The otheirs had had liquor but Knox was the worst of the lot and'he thought uomeceiiy was the most sober oi them. Edwards' bike was felt in Levin at the corner of Oxford ana Queen' streets and outside a bike shop. They left Levin about 8.30. fid wards and he had (had a quart bottle of beer eacn with their evening meal besides the 9 bottles. They -had no other liquor. At the church they walked in the passage. Six of them returned to Otaki in a three-seater car. When they got to the Manakau Hotel he was the last to go in. They were in line hotel about H) minutes, Mr Walshaw was in the doorway between the room and the bar Wiitn witness first saw him. Capon was sending inside tile door into the passage way and as tar as witness knew remained there the whole time. He snook hands with them. Capon was introduced to wit- [ nes-s but he. did not catch the name. J Witness was introduced as "one of the hoys from Otaki." Nome of them got cigarettes at the hotel, they had plenty. He had never got cigarettes there. They left the hocei aoout a quarter to nine. Before getting to Otaki they had no discussion with anyone about dimming their lights. He and all the others except Debreceny took part in a violent assault on a Chinaman. He was convicted and fined of this offence and the one at Levin.. He had another conviction —for theft—against him. Alter this affair he cleared out, but could not remember where he was arrested.

To Senior-Sergt. Quirke. He did not know Capon when introduced to him at Manakau. Capon was introduced as the new licensee.

To the Magistrate: They had a long shandy each at Manakau and left alter having one drink.

Clifford Lloyd, motoi mechanic, Otaki, told the Court that Rikihana, Baker, Debreceny, Kiiox, Edwards and himself went to the hotel at Manakau on the Sunday night. They all went to a room off the-' bar. . Someone of them asked for the drinks, but he could not remember who. Mr Walshaw took the order for drinks, which were consumed and paid for there. Witness thought Mr Walshaw handed it to them. They only had on© round of drinks. Witness had a long shandy. "Afterwards something was said about a new fellow—l suppose the new licensee—coining into the hotel. I saw Mr Capon there whom I had not seen before." Mr had said that Capon, who was present, was taking it over. Walshaw introduced Capoi. to all of them. They remained in tm. hotel about a quarter of an hour. ' To Mr O'Leary, Rikihana and Edwards were not with witness when he went to Levin. Witness got to Levin about 6 o'clock. He did not have an evening meal there. He met Rikihana about 6.45. Coming to Levin . he, thought the car stopped at the Manakau Hotel. He thought witness Knox,' Debreceny and Baker went into the hotel. He could not remember whether they saw Walshaw there. He did r.ot remember seeing another tw outside. He did not remember whether he saw Capon there, or having drinks there.' He did not remember clearly going in there. He had no drink after leaving Otaki. After the licensing! cases he went down to the Manakau Hotel with Detective Holmes to. point out the locality. He saw Walshaw outside the hotel in the presence of a constable and the detective. Walshaw asked him if he had been there in the afternoon and witness said he did not remember. He had not said in Court before that the car stopped at the Manakau Hotel in the afternoon ; he had.not been asked. He thought Ed-1 wards and Houlihan went into the Grand Hotel in Levin 'to get the beer. When they left Levin witness was "pretty well on." He sat on the carrier oi the car with Knox. He thought they reached Manakau about 10 o'clock. When witness saw Capon he was standing in the door between the bar and the room. During the introduction, Walshaw said, "This is Mr Capon, the man who is taking over tlie hotel." Witness thought Capon drew the beer and Walshaw handed it round. They were there about a quarter of an hour. Then they went Qn to Otaki where witness took part in an assault on a Chinaman. They just assaulted him with a drag rake. He did not know why it was done. To the Bench: All the liquor he had [ was that they got at the Grand Hotel and the one drink at Manakau.

Ernest George Debreceny, motor mechanic, Otaki, 19 years of age, deposed that Lloyd, Knox, Rikihana, Baker, Edwards and witness had gone to Manakau in the car. They went into the small of the bar. One of them asked for drinks which they had. all round. Walshaw supplied the drinks and another gentleman was giving- him a hand. The other was Mi* Capon, he thought. Witness thought they were all introduced to him that night. Capon and Walshaw ware standing on the steps into the bar. He would say that the party i'emainlixl in the hotel between five and ton minutes.

To Mr O'Leary: The introduction was made in general terms. They all shook hands with Capon, but witness did not remember being introduced by name. He (Capon) passed some of the drinks to one of the fellows and they were passed round. He thought Edwards and Rikihana (returned in the car because it Was too dark. As far as he knew Edwards' hike was taken

by Houlihan to his place. They were ail merry when they left Levin from the effects of the liquor they had had. He thought they all. went into the Manakau Hotel in the afternoon about 6 o'clock, but did not see another car outside . He could not remember what happened there on the way up. To the Magistrate: He did not remember this because it was so long ago. He remembered the (happenings on tile way home because they had been on his mind all the time. Thev took no liquor in the car from Otatu. Harold Edward Bakeir said he was in "his father's car witih the others on tlie Sunday, the 16th. They all Called at the hotel at Manaka/u. He saw Mr Walshaw and another man whom he understood was taking over the hotel. His drink was passed round by one of the boys, but he did not know who served it out . Walshaw was there and anotther man whom ihie .(understood was Capon. Walshaw introduced them to the party by saying "This is Mr Capon, and he is buying over my business." He could not remember the exact words. Capon and Walshaw were standing in the entrance to the bar.

To Mr O'Leary: Witness had not been in the. Hotel on Labour Day or since that date. He went into the, hotel with the others on the way down from Otaki about 20 minutes past 6 p.m. He could not remember clearly what happened then. He was sober then. He had told the police or stated in evidence, before that ho was in the hotel in v the afternoon. He was not asked But would have told them if asked. Edwards and Rikihana were lit to ride the motor bike home because Khey had been riding it round. He supposed they preferred to -return in the car. Lloyd and Debreceny were inside with, him and Knox and som'eone else outside. He, did not remember anyone calling out" to Mrs Walshaw from outside the Manakau Hotel. He remembered seeing two young men not of their party at the Manakau Hotel in the afternoon. He did not think lie saw Capon then and did not then know Walshaw was selling out. Frederick John Edwards, billiard saloon marker, Otaki, gave similar evidence. He called for the drinks at the Manakau Hotel in the evening on the way back. He thought Capon and Walsihaw both supplied the drinks. Witness paid Walshaw. He knew Walshaw by sight but had not previously met Capon, who was introduced by Walshaw. Walshaw said Capon was the new publican, who was going to take over on the morrow. Capon was introduced to them collectively. They were there not more than ten minutes.

To Mr O'Leary: Witness came up from Otaki to Levin on a motor bike with Rikihana. They did not call at the Manakau Hotel on the way up. It was not (because witness was too dirunk that he did not ride the motorcycle back to Otaki. To Detective-Sergt. Quirke : He did not ride the motor cycle back, because he had no light on it. Detective Holmes deposed having interviewed the accused on November 24, 1923, and told him he was inquiring into an alleged perjury. Walshaw was supposed to have committed at the Mag'istr.3+°'<! Court, Levin, on October 19th. Witness asked (him if there was any chance of his having introduced the three boys to any person other than Capon, and explained that if there w,as (he would interview them and give evidence to that effect. Defendant said he could not remember having introduced anyone to Capon and had nothing definite to say on the matter. One of the boys had been with him at the hotel a lew minute's before.

To Mr O'Leary: Walshaw asked Rikihana whether they had called at the hotel earlier in the day. Witness did not hear Walshaw ask Lloyd the same question. This, closed the ca.se for the Police. Defendant reserved his defence and was committeed to the next sitting of the Supreme Court at .'Palmerston. Bail was allowed in defendant's own recognisance of £l5O and one surety of £l5O.

in regard to the second case the Magistrate asked Detective Sergeant Quirke whether he could carry the matter any further than he had, done on the evidence already before the Court. On receiving an answer in the negative His Worship stated that in regard to the first clause of the charge it was impossible to prove that .accused could remember a thing. He might have a. bad memory <m- not. In repnrd to his denial that he was introduced the evidence of the boys was skctchv. He must hold that accused s statement was not disproved. The case would be dismissed.