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The Macleay Chronicle (Kempsey, NSW : 1899 - 1952), Wednesday 25 November 1942, page 1
Another Charge of Alleged Perjury.
Robert Ernest Macleay McIlwain, in connection with the same circumstances as in the Parish case, was charged that he did, in a judicial proceeding, knowingly give false testimony touching a matter material in that proceeding, to the effect that the lease was signed on 21st January, 1942
Defendant, represented by Mr. W. H. Sheridan, pleaded not guilty.
Mr. Pike, instructed by Mr. White, of the Commonwealth Crown Law Office, conducted the prosecution.
Capt C. O. Thompson deposed: On 24th January I interviewed William Parish, in company with Lieut Brodie and Mr. H. H. Bird. Parish had been called up for an interview on that date.
Keith Inglis deposed to taking depositions on 22nd April, 1942, and to the signature of defendant Mc llwain on same.
Margaret Winifred Larkey deposed to seeing defendant Mcllwain in her father's office at Macksville, in company with Mr. Welsh and Mr. Parish and his son. The receipt before the Court was in her handwriting, except for the date. There were no receipts unused before receipt No. 94 when she wrote it out. No. 93 was dated 23rd January, and No. 95 was dated 29th January. The figures 21 were not in her handwriting.
Patrick R. Larkey deposed: Defendant came to my office on 27th January in company with Messrs. F. Welsh, William Parish and Reginald Parish. A few days later I tore the duplicate of receipt 94 (for 285 pounds) out of my book as the transaction did not concern me. Mr. Mcllwain owns the farm and is a very highly respected citizen of Macksville.
Reginald Searle Parish deposed to having been present in Larkey's office when Miss Larkey made out the receipt for 285 pounds for dairy stock. He paid the money in. His son took the receipt.
To Mr. Sheridan: I saw no lease signed. I left it all to my son. It was his lease.
To Mr. Pike: A lease was drawn up in Mr. Larkey's office that day. My son and Mr. Mcllwain read it through.
Mr. Sheridan submitted that there was no tittle of evidence against Mr. Mcllwain. There was no evidence as to when the lease was signed.
Defendant was committed for trial and reserved his defence.
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The Macleay Chronicle (Kempsey, NSW : 1899 - 1952), Wednesday 25 November 1942, page 1
Alleged Perjury.
William Reginald Parish was charged that he did, in a judicial proceeding, knowingly give false testimony touching a matter material in that proceeding, as follows: 'I got the receipt and the agreement on 21st January, 1942. Parish, represented by Mr. W. H. Sheridan, pleaded not guilty. Mr. Pike, instructed by Mr. White of the Commonwealth Crown Law Office, conducted the prosecution.
Capt C. O. Thompson deposed: I am the Area Officer for Area 13B at Kempsey. I interviewed defendant at Eungai Hall, in company with Lieut Brodie, on 24th January. I said to him: 'It has come to my knowledge that you have been working on the roads?' He said 'Yes.' I asked him how he was able to do that under his reservations to help his father. I saw Mr. H. H. Bird, the Manpower Officer, in the hearing of defendant I handed defendant a notice to proceed to camp on a certain date; Mob. 31, with the date to be notified later on. He said: 'Captain, I am contemplating taking on a dairy farm. Would I be exempt if I did take it on?' I said: 'Where's the dairy farm? What's the position? What are you going to do?' Those may not be my exact words. He said: 'I'm going to lease a farm.' I asked him how he was go ing to get cattle, etc., and he said he had a little money and would pay as he went on in instalments. I inti mated to him that I didn't think he'd get exemption in those circumstances. I walked with him to Mr. Bird and5 repeated the conversation. I told Mr. Bird that Parish intended to take on a dairy farm. Mr. Bird then asked the defendant a few questions, and then had a slight discussion with me. Mr. Bird then informed defendant that he could not get exemption on that application. I, being the senior officer, then informed the defendant that the Mob. 31 issued to him would stand and that he was not reserved, or exempted. I said either: 'You are not exempted,' or 'You are not reserved,' both the same 'words. He said: 'Can I still apply for exemption?' I said there was no reason he could not, and told him where he could get the papers. He did not at any .time tell me he had an agreement already sign ed or that the stock were bought.
To Mr Sheridan: I'll' say he used the words: 'I am contemplating tak ing over a (arm.' Why would he not use the word 'contemplated?' Farm ers are well educated. I was sure of the word 'contemplated' in the previous Court.
To the P.J&: Mr, Bird told defend and that his reservation for the June camp was cancelled. Herbert Harry Bird deposed: I have been Manpower Officer for Area 13B for over two years. On 24th January that year I was on duty at Eungai Hall. It is my duty to see if the occupation of each trainee comes with in the scope of exemption laid down by the Manpower Committee. I was with Capt. Thompson and Lieut Brodie on this day. Defendant. first came to me with Capt Thompson and Lieut Brodie. He had previously been ex empted for six months in,,a call-up on 24th October,; 1941. About half an hour later he came to me again re garding a further exemption he wished to apply for. Capt Thompson told me Parish wished to make a further application in regard to taking over a dairy farm. I told him, in the pres ence of defendant, that no exemption could be granted in regard to future commitments. Defendant merely said he proposed to take on a dairy farm. To Mr. Sheridan: Capt Thompson told me: 'Parish proposes to take over ft - farm.' I questioned defendant to fnake sure. I have to form my own opinion. I am not sure of the exact words. I don't know whether or not the word 'contemplating' was used by either Capt Thompson or defend ant' . Keith Inglis, Deposition .. Clerk, pro duced the depositions taken by him on 22nd April, 1942 and on 6th - May, 1942. He had read over the deposi tions to defendant Parish, and he identified the signature of defendant on pages 8 and 18. Mr. Pike: The particular part I re fer to appears on page 4 of the depo sitions, including the words: 'I got the receipt'
Margaret Winifred Larkey deposed: I reside with my. father Patrick R. Larkey, an auctioneer and estate agent at Macksville. I assist in the office occasionally. I saw defendant with my father, Mr. Mcllwain and Mr. Welsh in my father's office on 27th January. I wrote out a receipt and gave it to Mr. Welsh. I see the receipt marked Exhibit 2. It is in my handwriting except for the figures in the date.. There was a typed document also, an agreement, I think. I made a carbon copy of the receipt That copy is not in the book. The number on the receipt is 94. The Sate on receipt 93 is 27th January, and on receipt 95 the date is 29th January. I left the carbon copy in the book when I wrote the receipt The figures have been changed. I put no mark on the duty stamp at all. I had not seen these men in the office previously. My father was not there when the receipt was signed. Money was passed over when the receipt 'was given. To Mr. Sheridan: I don't know who paid the. money or who received it. I know the amount, £285. It is there in my writing. I signed the receipt as my father was out I was only in the office that day. I took the receipt out of the book and: gave it to Mr. Parish, junior, I think. I left the carbon copy in the book. I don't know why I signed* the receipt. I didn't see the other document signed. I was there when Miss Malouf typed it out
To Mr. Pike: I don't remember who I gave the receipt to. I am sure it was made out on 27th January, 1942. Patrick Raphael Larkey deposed: I have been an auctioneer at Macksville for 17 years. Defendant was in my office on 27th January, with his father, Ern Mcllwain and Fred Welsh. I don't think those four men had been together in my office prior to that date. This is my receipt book. Re ceipt No. 94 is not in the book. I tore out the duplicate a few days later. They came in to transfer to William Parish a stock and plant from Fred Welsh. They asked me to fix it up. I said I was going out, but that I'd get it fixed up. Later I saw defend ant and he said he was in trouble with his army enrolment He asked me if there was any way out of it. My girl minded the office that day. To Mr. Sheridan: I kndw defendant and his father. They are reputable men of good character. I have known them a long time.
To the P.M.: I tore the duplicate out of that book because it was a transaction involving some hundreds of pounds, and it did not concern my business. I got no commission on the sale. I did not tear it out to shield anybody. Reginald Searle Parish deposed: I went to Mr. Larkey 's office on 27th January, this year, in company with my son, the defendant, Fred Welsh and Ern Mcllwain. We went there to get an agreement drawn up about the lease of a farm. Miss Larkey was there, and the agreement was signed the date the receipt was given. The receipt is for £285. Miss Larkey handed the receipt to Mr. Welsh, who signed it. My son took the receipt, and the agreement was signed that i Hay, the 27th January. To Mr. Sheridan: A deposit of £5 was paid two days before the 21st January. I paid that to Mr. Welsh on the farm. He was going off the farm. Up till the last Court day I was prepared to swear the 21st was the day, because the deal had been made some days before we went to Larkey's office. I was financing my son. I saw Welsh some days prior to the 21st and arranged to purchase his cattle. My son took possession of the property on the 21st January. Defendant, who pleaded not guilty and reserved his defence, was committed for trial.
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Death Notice
ALLMAN, Margaret Winifred - July 21, 2007, Late of Casula. Loving wife of Don (deceased). Loving mother and mother-in-law to Dennis and Julie, Mark and Robyn, Louise and Eric. Loving Nan to Michelle and Brad, Jamie and Brooke, Scott, Christopher, Timothy, Matthew and Daniel. Great Nan to Jake, Ben, Jessica and Audrey. Sister to Leo, Jerry (deceased), Johnny (deceased), Greg (deceased) and Kathie. Sister-in-law to Bill (Brother Finian), Jack and Beryl, Connie and Cecil (deceased) and Peg. Aged 80 Years. Peace be with you. Prayers in loving memory of Margaret will be held Friday July 27 2007 at Our Lady Queen of Peace Catholic Church, Western Road, Kemps Creek, commencing at 10.30am. At conclusion of prayers the cortege will proceed to the Sydney Catholic Lawn Cemetery, Kemps Creek.
Simplicity Funerals, Liverpool.
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