MAGISTRATE'S CHARGES.

Taranaki Daily News, Volume LV, Issue 246, 7 March 1913, Page 5

MAGISTRATE'S CHARGES.

i 10 TAMPERING WITH WITNESSES. OFFENDED SOLICITORS MARCH OUT OF COURT. Napier. March 4. "iTr K. R McCarthy, S.M., to-day endorsed the licenses of two Port Ahuriri liotclkeopers. Edward .lames Warren and Thomas Spear, for (1) permitting drunkenness, and (2) supplying liquor to a drunken person. Tlu 1 ! cases arose, out of the drowning of an old man named Johnson, who was believed to have become intoxicated at these houses. After traversing the facts, the magistrate proceeded: "There is one factor common to both eases. In each I ease it is manifest that the witnesses bad been tampered with in the interest of each defendant. In Warren's case a witness so tampered with was Mrs Knowles, and in that of the defendant Spear Messrs Macrae and Campbell. Doubtless tfiese witnesses each recalled the false statement respectively made by her or him. Nevertheless, tampering was manifest, and whether done bv defendant licensees personally or someone 011 their behalf is immaterial, and even in those cases where there is no proof, that the licensee was a party to an illicit act. if it is apparent that a witness called either for the police or for the defence has been tampered with in the interests of defendant, the latter cannot complain if he is called 011 to shoulder the. responsibility. If he has indiscreet friends, that is his misfortune. The sources of justice must not be polluted, and if an attempt is made it should be sternly and effectively discouraged. Within the last two months there have I been no less than three licensing cases in -which it has been only too apparent that witnesses have been tampered with in the interests of licensee defendants, and I propose to give the strongest possible inducement to all witnesses in this and every other class of case to tell a ! plain and unvarnished story. T wish to make mvself clear, and I want to place I the onus 011 the proper shoulders. Tdo | not blame counsel. The harm is done long before the witnesses reach their hands. Warren will be fined £0 and Spears will be fined £lO, and the license of each will be ordered to be endorsed." "YOU ARE MISTAKEN." Mr IT. B. Lusk rose as soon as the decision was announced, and said that he could not let the remarks concerning the tampering with witnesses pass without some comment. He suggested that there was 110 evidence of the suggestion that certain witnesses had been tampered with. He thanked the court for exonerating him, and prayed to Cod that such a charge would never be preferred against him. He regretted that his Worship had not given him (Mr Lusk) some intimation of his (Mr McCarthy's), belief during the progress of the ease, so that he could then have made inquiries and answered the charge. "With all due respect, and deference." concluded Mr Lusk, "I think you are mistaken in your conclusions." Mr Dolan said that if a witness saw fit to divert from a statement there was 110 harm if the witness thought the first statement was incorrect. Mr Lusk: It makes it very difficult to take up such cases in the future. Mr Lusk then marched >out of court in a disgusted manner, and was closely followed by Mr Dolan. Wis Worship made no reply, and proceeded to assess the costs payable by • each. j It is understood that further litigation is likely to arise. | ======