CHARGE OF PERJURY.

Wairarapa Age, Volume XXV, Issue 10713, 20 March 1913, Page 6

CHARGE OF PERJURY.

THE I'AHLATDA CASK. The perjury case against James Far roll was continued in tho Supreme Court, this morning. EVIDENCE FUJI THE DEFENCE. .Farroll stated that lie managed a small farm near Pahiatua lor 1,7s mother*. On tho night of November 23rd, at 10 o'clock, lie was- at tho (Rutland Hotel with Hirst, Gregory and Stewart. They left tho horol about closing time. They went <3own tho main street in the direction of the Club Hotel. They passed the Chinese shop. Gregory and stow aitwent 'into the shop, and witness and Hirst: walked on. They did not stop nb the shop, but went round to tho Club Hotel -stables. They renolied tho stables about 7 or 8 minutes past 10 o'clock. He -saw no one at the stables when he arrived there, but later lie saw Bain, who was employed there. Witness and Hirst wore joined five minutes later at the stable by Gregory and Stewart. Thev stayed about ten minutes at the stables. ' They then left the stables, and went round thi> Club Hotel corner. Ho first heard that the Chinese, had been assaulted on the Tuesday following. He heard at the stables when ho went in' with 'his liorse. It was when Constable Tanner gave him the sumnfons that Hie first, knew he was aeeusrcl of assaulting the Chinese. He did not know the Chinese, and hr.d never spoken to liim. - He was notwearing an overcoat on the night of the assault-. Ho possessed a daik ovfrcoat, and often wore it. Ho had never sooken to Constable. Hewitt about the matter, or said to that person that McQuinn struck the Chinese. He was in front of "Wills' b'cycle ishop with .several others. Ho did not- hear any mention made of the Chinese. Cross-examined: yeither he noi-l-first were in the Chinese slion -on the night of the assauH. McOubin and. he were not friendlv. McQuinn had told a deliberate falsehood w'nm he stated he saw witness stnk» the Ch'nese. The evidence of MoOumn and Quer.in about seeing him at the Chinese slion was a fabrication. It was untnie that lie had said, as McQuinn alleged, that if the Chinese had followed him he would have "laid him out." The evidence of the Chinese relating to witness was also false. He did not see either Constable Tanner or Constable Hewitt on tho night- of the assault standing in front of the Club Hotel. By His Honor ; To .get- to the stable a -person must pass the Club Hotel. Cross-examined by Mr Bunnv: He was sober that night. Hirst did not have any beer in his pocket. He did not see Piereey at the stables. The whole of the witnesses who gave testimony were telling lies. He could rot account for the statements of the witnesses. He had been fined -G3 and costs for the assault on the Chinese. By' His Honor: He did not mention to the Magistrate that he had seen Bain at the stables. He saw, Constables Tanner and Hewitt standing between the Club Hotel and Hannah's slion on the nie-ht in question. ' To Mr Bunny: He heard no oonvor- ! sation outside the bicycle shop about j the assault on the Chinese.' He. Hirst, Gregory and Stewart were mates. His Honor: Did you mention Finch's name to the Magistrate? ! Accused: No. To Mr Myers: He was not aware till aftenvards that Finch knew anything of the -assault. He was rot asked at the Magistrate's Court about seeing Bain or Piercev on the night of the assault. The latter was not a witness in the assault case. Witness had a brother of similar build. His brother was in Pahiatua that night. Witness did not know whether his brother had an overcoat on. His Honor: Have you any reason to suspect that your brother assaulted the Chinese? Accused: iNo. George Grecorv, farmer, at Kon'nii, stated that on the niorht of the assault. Farrell, Hirst. Stewart <;nd he left the 'Rutland Hotel at 10 o'clock. They walked up the main street as far as the Chinese shop, and he and Stewart went into tlie shop to buy some fruit. . There was a big crowd in the shop. There were some people coming down from the Club, and they -came into tlie shop and commenced to throw the vegetables I'bout. Farrell an<] Hirst walked past the shop. They were about two minutes in the shop, but did not buy anything. Witness said to Stewart, '-Come on, let us 1 get out of this; there will be trouble." They then went to the stables, where they saw Hirst and Farrell. There was a stableman there, but witness did not know his name. .Stewart and 'he left after a few minutes. Farrell and Hirst were there then. He 'first be a rd of the assault cn the following Monday morning. , Cross-examined by Mr Bunny: Stewart and he were about a minute or two in the shop. He did not see any assault committed on the Chinese in the shop, Wong Jack being behind the counter then. Constable Tanner and Hewitt -were in front of the hotel, w-lieu witness and Stewart passed to go to the Club stables. He did not remember seeing Finch in the shop. Alexander'Stewart, butcher, stated that- on t'he night of the assault he was in Pahiatua. He corroborated the previous witness' evidence. By His Honor: He was only separated a few seconds from Gregory. He was not drunk, neither was Greg-

ory. They had both had the same number of drinks. He did not leave Gregory and go round a. corner, as Constable Tanner had stated, lie wa.s not intoxicated, as Constable Tanner had said. He was not away from Gregory for a period of five minutes. Walter Hirst, farmer, of Konini, gave evidence similar to that g'ven by Farrell. He was with Farrell from 10 till 10.30 o'clock, and if Farrell had assaulted the Chinese bet.v 'en those times witness would have seen it. Witness beard about 10.40 o'clock of tlie assault on the Chinese. Ho was standing outside Wills' bicycle shop on tho n : gbt of the assault. He heard McQuinn «,iv that the Chinese bad been assaulted. Farrell was there, but witness did not hear Farrell say, "if the Chinese had followed him lie would 'have 'laid him out.' "

Charles Hen-rv'Gordon Bain, stableman at the Club Stables, Pahiatua. said that he left the pictures and reached the stables about 10 minutes past 10 o'clock on tlie night of the assault. He saw Farrell, Hirst, Gregory and Stewart there. He wa.s talking to Hirst and Farrell for about a quarter of an hour. Cross-eviTTeined bv Mr Bunny: Witness hod not given evidence at tho S.M. Court-. By His Honor: Farrell bad n hard hat on, and a suit of dark clothes. He -had no overcoat. John Jensen, farmer, of Konmi, stated that lie 'first heard of Farrell being charged with assault by reading i.t. tin the newspaper. He then volunteered a -statement. On the ni<-:ht of the assault, witness was outside Cli'nese shop, a.nd was talking t" G-uerin. Russell and others. He heard the Chinese call out, and this fust drew his attention to the assault. Witness then saw the Chinese run across the street after a. man. It was not possible for anyone to roe the man's face from where witness was standing, The man was a -hoit, slight-built man. Tt was not Farrell. The Chinese ran a few yards, and then came back to the shop. The Chinese a ; sked Finch if he saw who struck him l . The Chinese then stated that it was dark, and he could not see who it was. Alfred Finch, land agent, at Pahiatua, said that on the night when the Chinese was assaulted he was in the shop of the Chinese. Stewart and Gregory came into the sboo, as well as several others. He saw Wong Jack go over to the vegetables. „and presently cry out: "Tanner." He saw the Chinese 'had been assaulted. The others had left the shop'by then, only witness and James being there. Farrell and Hirst were not in the shop while witness was there. On returning the Chinese said he had been hit on the eye by someone be did not knmv. By His Honor: He could not see who struck the Chinese. - Continuing,, witness stated that tlie Chinese asked him to stay in the shop while lie (the Chinese) went for tho police. This concluded the evidence. • .NOT GUILTY. 'After $ -retirement- of an hour, tlie jury brought in a verdict of r t ot guilty, and the -prisoner was dis- - charged. Walter Hirst, who was charged with perjury in the same case, was also discharged, His Honor having informed the jury that the two-cases wore identical.