MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1583, 13 June 1887, Page 3

MAGISTERIAL.

ABHBUBTON— MONDAY.

(Before Mr H, 0. S. Baddeley, 8.M.) DRTOKENNEES. A man who had not been before the Court for some years was fined 5s and costs with the usual alternative. ALLEGED FALSE REPRESENTATIONS. William Henry Hawkins was charged with obtaining £10 from Christina Scott by means of a valueless cheque. — The accused pleaded not guilty. — lhere was another charge against the accused of obtaining £3 from W. J. Hayes by means . ol a valueless cheque. Both cases were adjourned till Wednesday. SHEEP ACT. P. Thomas wbb charged with being the owner »f 60 steep infected with lice and found m the Tinwald saleyards.— The ' defendant, though not the owner oi the sheep, took responsibility on that score. He said that the intention had been to dip the sheep, but the only accessible dip was that at the saleyards. and it was hard to lie brought' b«foro the Court for having them there,— A fins of £1 end costs was inflicted. . D. H. Potts, on a similar charge, was mulcted m a like penalty. BREACHES OF BY-LAWS, J. ReToll, for allowing a horse to be at large, was fin«d 7s 6d and coßts. .K. Sraythe, for having tethered a cow co that it trespassed on the footpath, was fined 12b 6d and costs. R. Martin was charged with driving a cart on to the footpath m Moore street. — The defendant pleaded that the road at the place where the offence was committed was very bad — The Magistrate dismissed fhe case with a cr.ution. ■ A QUEEB AFFAIR. Thomas Gallagher was charged (1) with Having been guilty of disorderly conduct while diunk m East street; (2) with having resisted Constable Smart m the execution of hw duty, and (3) with having damaged Constable Smart's uniform to the extent of 10s 6d. —Sergeat Felton con ducted the prosecution, and Inspector - Brohamwas alsopresent. — Mr Cuthberteon appeared for the acoused, and Mr Crisp appeared to watch the case on behalf of a client — The following evidence was ' led : — Constable Smart said that on tbo afternoon of 30th May he was on duty at the railway station; The accused came there about 5.30 p.m. fie spoke to witness. Witness saw he was drank end • warned him to go nwoy. Witness was going down East street shortly afterwards, " when the defendant came up and oom- * me need saying m a loud tone of voice that he would make it hot for witcess end so forth. Witneß3 ultimately arreßtect him. Defendant walked about ten yards and - then made a sudden bound, tryir^ to throw witness, but witness threw ! him. With the assistance of a •bystander wltnesi handcuffed him. The r defendant refused to walk to the station 'trad called out something about Sir Robert Stout end Sir Dillon Bell. Witursiihtd to send for a oab. Before it came he made mother bound, and sb witness was afuld he would go through » shop window ho tried to push the defendant on to the road, but fn the struggle he fell into the water ohannel. When the cab came witners had to call the MBfstsnce of the cab diiver to get b'm Into the vehicle. Witness found hit b*t was knocked about very ranch m consequence of thest.dggle, but he would not say that defendant damaged It wilfully. At the station yrrd, when witneßß was going to lock the defendant up, he threw iiim3tlf down and witness had to carry tifin In, Sbortfy afterwards witness and the Sergeant of Police went; to see the defendrat, who then made use of very tad language towards them. He tried to get outeide and to strike witness at d the Sergeant. The defendant made a great deal of noise,— By Mr Guthbertson; Gallagher was drunk on the Bail way Station. Witness did not arrest him then tccause after witness cautioned him .he. went away. Wlfcoeaa w#i not aware that Gallagher bad reported him to h\% superiors. He never threatened to kiok ■ Gallapher for having reported him. Witness did not arrest accused immediately after he met h'm on the street. Contriable Coffey wri at the polios station when the defendant was brought there. Witnesrwas not knocking the defendant •boat then, He did not know If the defendant called out to Oonaiable Coffey. Constable Coffey did not say " stop that Smart ; it's cruel" Defendant asked that Pr Leahy mlgtit be seat for to bail him <mt. Witness did not reply, "You b , you ue too smart for us— now we have got yoa here we will keep you. "He did not say anything to that elect, (Mr •■ OaVhbertson was proceeding to question the witness as to whether various regulations had been observed, when Mr Crisp objected to the questions ci irrelevant ) At ten o'clock, when wltneis went to eeo the defendant, be aiked to be let out on , bail. Witnesa cMd not reply thab he would take d—— d good care to keep the defendant there, but he told him it would < c toe better for him to He down quietly. The defendant; tr*s balled ant at 8 next tnorniDg. — Sergeant Feltpn Baid that on the evening of the 30th May Constable Smart- asked Mm to come and see a prisoner who was leaking a great no'ie. Witness went to the cell, and found Gallagher looking through the aperture In the door. When Gallagher saw them he commenced making use of dlsgrrceful language. Witness remarked that the man waa mad drunk, and told Smart to open the door so that they might see him more olosely. When they went Inside defends it repeated the langur^e and aimed a blow at them. After witness and Smffc went out Gal'ngher oontlnred nalng the language. Witness told .Smart that when the man got quieter, to let him. ' bays blankets, Gallagher made very tnuoh row, ronflnnhg howling etc, all night. Dr Leahy came np about ba'f East six or a quartar to seven m order to all Gallagher onfc. Witness replied that he could not Jet the man go as he w ; jnftd drank. Dr Leshy r«ked If the mm was In a fit state would he be let out that evening. Witnefs replied that he would, The defendant did not get better that

evening. He was let out next morning ! and he was then not properly sober.— Mr Oathbeition cron-exa mined the witness •t aome length, but nothing very material we solicit 1. TVllness was sure that the defendant's behavior wei not the result of eKcltemeni caused by being arrested. It aatght lave beeu dne to inrroity. The man was either mad or mad drank,— "A. Pee tested Constable Smart m putting the defendant Into a cab. Defendant was drank and gave a great deal of trouble— By Mr Onthberhon : Witness did not toe the arrest. When he ay rived on the scene Gallfgher was making a good deal of noise undowtr'ng lolationship to Sir Francis Dillon Bell. Defendant 'made a great deal of noise m the cab.— Robert Murray •a* Gallagher at the EUway Station on May 30. He was talking to Constable Smart, and was then certainly nnder the fnfluenoe of drlck. Shortly afterwards witness was ia East street near the Soraeritft Hotel when Smart and Gallagher pasted him. Gallagher was walking baolt wards and facing Smart. He was talking loudly and Smart appeared to desire to get rid of him. It struck witness that {Gallagher would be arrested/ and « Smart did arrest him ve.y shortly ; afterwards. Witness saw Gallagher pat Into .the cab. He gave a great deal of trouble and under the clroumstanc jb, witness did not think the constable was nnneceaeaiily rough— WHH*m Sparrow, -saw Gallagher being handcuffed. Witness could not d^fitaltelf Bay whether Gallagher was drank bat nitaesß was gWea that impression. —i-In reply to Mr Cuthbeitson, the witneea . said .that ..... Gallagher was pot treated ypnecepiarjly rough. —

J' Purchase gave evidence m re _ gard to Gallagher being put into the cab. He gave a great deal of trouble and seemed to witneßß to be drunk.— DMcFarlane gave corroborative evidence. — J. Moorhead saw Gallagher when he ar rived at the lock-up. He gave a great deal of trouble, and was either drunk or mad. He made a giea'c deal of noise for a long time, aDd used very bad language. He was not quite right on the following morning. — To is was the . case for the police, and Mr- Cuthbertson called the following evidence : —Constable |Ooffey said that on May 30th the accused was brought to the police station, Witness was m the dining-room at the time, and when he came out Gallagher was lying on the ground calling out for protection. He seemed to hare been either thrown or fallen out of the cab. It was impossible to Bay that Gallagher was drunk. He might have had a glaas or two during the day but he was not drunk. He was, however, very much excited. Constable Smart's shako and uniform were not damaged. Gallagher called out to witnoss not to see him iU-troated. He asked that Dr Leahy might be senfc for to bail him out. Witness helped Gallagher to hia feet when Smart threw him down again. Gallagher said 4 • That is cruel," and sang out for mercy, Gallagher was then taken to the watchhouse, and Smart searched him very roughly. Smart did not look for any money; he said "theb bad none." Gallagher asked that the charges might be entered that he might be bailed out. Smart replied " No, you b we won't ; now we have got you here we will keep you," When searching Gallagher, Smart came across a pair of eyeglasses and said " Fancy the b -r— skunk wearing eye- ! glasses," and at the same timo struck him with hie hand m the face. Gallagher at this time had the handouffs on. The man waa very quiat and never restated. The handcofti were taken off . In the cill. When Smart took the handcuff) cff he raised them and threatened to desh 'the Ib 'a brains out." Gallagher replied, "ißn't it cruel, Coffey, will you ccc me knocked abont like this?" Paring the night Gallagher was not very noisy. He ■ang out for Dr Leiby, because that gentleman was outside. He made use of no bad language. When the handcuffj were taken off Gallagher nked to be ba«led out again; bat Smart replied to the same effect a 1 ? previously. Gallagher threatened to haul Sma't over the ooa?a for It, and to report him to the Inspector of PoUto, When Gallagher had heeo locked op Smart eaidJ to witness, "Don't go near the b- — r; let him rip" About 6.30 the oharges were entered against Gallagher. Witness went with Smart to give Gallagher blankets. H9 was quite sober, he asked to be bailed out, and Smart again made a similar reply to the request r.3 he had done previously. Gallagher wn let oat about half p&-,t seven or eight next morning. When he was locked up, witness aDd Constable Smart were the only persons prtont. By Sergeant Felton : Dee, the oabdriver, was present. When witness said that ne and Smart were the only persons present he meant the only policemen. Moorhead could see from the aperture m the door of his call. Witness did not hear the Sergeant go to the cell ; he heard him m the office about half-past six. Witness did not ,mafee any report either verbally or m writing as to the Ultreatment of Gallagher till called upon by the Sergeant to 'do it. Witness had paiaed Gallagher several times since ho wn looked ap tut had never spoken to him; beyond saluting him. Witness did not have a conversation about the oaae with the accused m Henry's hotel .when he w»b on night du'y. He had had no conversation with the aosuaed at all m regard to the oase. Witness hid made no note of his evidence. The report he gave the Sergeant on the previous day wab from memory. Witness had been ordorod not to enter charges In the charge-book. After the man had been put m the cell witness asked Smart if he were golug to enter the charges. He replied that he was not ; that ha w«a going to have h(« tea first. When tbe man was 111-treated witness did not make a report to the Sergeant beoanna he was half frightened himself, being a new man m the place. When Gallagher calJed out for Dr Leahy witness did rot think it his place to aok leave to go for the doctor. . He told the Sergeant nothing about the matter aa he thought' he knew all about it. No questions were pat to witness Witness did not remember being asked by the Sergeant two days after the arrest what state Gallagher was m when arrested, He did not remember daylng that he wai not bad ; that he would not tike him to be very drunk. Witness told Smart the next day that he did not thiuk the man was drank ; but that he might have had a gla--H or two. He did not say that Gallagher was under the irfluenoe of drink.— Re examined by Mr Outhbertson • WltneES bad heard Bmart apeak of Gallagher prior to the arrest. He palled him a low skunk, and seemed to hwe a down on him m regard to a Bcarf.— Dr. Leahy caw the aooueed at the express on Mjy 30. He m.i not drunk, bat he had had some liquor. He was quite capable of taking care of himself and was talking bualnea* qultetlntelllgently with witness. Witness went to the police station to ' ball the accused out. He heard no undue noise. Witness was told by the Sergeant that Gallagher would be lettmt as soon aa he was m a fit state and witness was satisfied with this arrangement. — By Sergt. Feltpn ; Witneaa did not. remember hia attention beipg oalled to nolaes made by Gallagher. Witness from what he had seen of Constable Smart did not think he was a man who would exceed hia duty. Witness had nover heard Gallagher make uaedof profane or obscene language.— J. G* Hostell saw Gallagher at the hunt on May 30th. Accompanied him part of the way home, and left him about a quarter past four. Fe was then perfectly sober. Witness saw him on the following morfaing about ninp o'clock. Be was then perfectly sober. He seemed •- somewhat expited and annoyed when He related the oircumßtancoß of his arrest. — By Sergeant Felton : Witnesß did not see the accused after a quarter past four on May 30th, but he knew witness had business to attend to, and it was done m a business-like way. It would take him about half-anhour.— John Henryeaw the accused at the hunt, and also on the railway platform when the express was m. On the latter occasion he appeared to be perfectly sober, but witness had no cdveraation with him, — P. O'Oon nor saw the arrest of Gallagher. At the time witness did net think it was an arreßt. : Gallagher was perfectly quiet, and Smart walked up behind and caught hold of him by the arm.. This was m front of the Courthouse. Witness did not see anything take place at Jones' corner. — J. Andrewß saw Gallagor m a very uncomfortable position and handcuffed m a oab. Gallagher asked if anyone "would go for Dr Leahy or Mr Restell, and witness went for the former gentlemaD.— By Sergeant Felton : Witness did not see the arrest and could not speak aB to the man's state.— V. Olsen saw the arreßt. He said that Gallagher was quiet and Constable Smart treated him with great roughness. Gallagher wan not drunk. When Gallagher waß handcuffed he asked to be allowed to get up and he,would walk. The constable refused to let him do this, however. The witness gave further evidence as H o the arrest. He said Smart treated the , with great violence. He rolled him. in the gutter, and would not allow him to walk to the cab although he wanted to. Witness remonstrated on account of the violence that was being used— Thomas Gallagher, insurance agent and the accused, remembered May 30, the day on whioh he was arrested. Was at the hunt from 10 a m. till about 4.30 p.m. Had nothing to drink, while, there.

- Pofcurned m company with Mr Hen .7 and Mrß>steil . Oel arrival m town witneei had two glaeses'of English ale land some ' bread and cheese. Witness then went to ' the telegraph office, and afterwards to the railway platform. Canvassed a man for : an insurance policy. About half past five " met Dr Leahy, and was talking on ' business matters with him for about ten • minutes. A short time afterwards saw : Constable Smart, who said " Why did you 1 report -me tb tbe Sergeant. Why not come to me in the first place." -Witness replied, <% You ignorant ass, why did you divulge the contents o£ my letter to the 'suspfecta" (witness having lost a scarf -which he supposed had, been stolen). Going along, the sheet witness. passed Smart, who caught h'.rni by the arm and resumed the co-ivertjatioiu -He then said, " Come on ; for reporting me to the Sergeant, I'll take you to the lock-up. Witness replied, " You ignorant ass, the power of arrest is not given to you." Smart said witness was drunk, and witness replied that he w:t not. Smart got witness down on the kerbstone opposite the New Zealand Clothing Factory and took out h» hauacufo. Witness appealed to tho people Btanding by, but Str-irt, with the a. ilst-mce of a byßtnder. handcuffed him and put him In a oab. When they got to the station Smaifc pulled hi a out of the cab and threw b'm on bis faca on 4 the ground. Witnen called out, t-lic? ; * Oonsrible Coffey, or any respeotable member of the force was about b cause suoh blackguardly conduct would not be tt n -ted In any rjspec ible police s\-rt!i :. Constable Ooffay came *nd witness -rsk. i Constable Smart to formulate hia c^rgea. He r\au.\ two— drunkenness c. id relating the police. Smart then tcoV him to the cell and having taken ( if tbe handcuff* lecked the door. About ten minute*-, afterwards Smr'.fc returned with Serge ;nt Felton. VViineßS asked for a sheet of paper so that he might report the matter to Inspector Broham. Sometime afterwards Smer: and Ooffey came with blankets. Witness esked te be allowed out on hla own reoogn)z»nccs, bwk Smart replied "You b— — r you are too smart for us ; we will not let you out." Witness swore positively that he had had no drink on the day* In question byond two small; glasses ; of English beer.— By theJßenoh : W.tness had had nothing to eat while at the hunt, and under those circumstances very little liquor wonld affect him. Under ordinary circumstances a little liquor rfljoted him. — By Sergeant Felton: Witness had been m tb.B po'ioe force for about ten y Fare. Left five or sf x ye ira ago. Witness was dfeoharged because of an irregularity; In the exeou'.ion of a distress warrant '' It was not a discreditable iff ir, md wltnets explainc 3 the circumstances. '-' He denied having been discharged for lev j ing on cattle md buying them for himself.— This wra the case for the defence. — The Magistrate diemiicad the charge of damaging the constable's uniform, but said tint on the other two charges theu would be a onviotton. There was not the slightest donbt that Gallagher was under the inflaence of l'quor. In the caie of dlaorde-rly conduct a fine 6* 40s and ocats, with the alternative of three daya imprisonment, was itfi'ct.i, arid a similar pepr.lty wo Inflloted on the charge tf ras.'stirs the police.— Mr Cuthbertaon asked that the penalty m^ht 1.3 Inorer:ed to £5 so thnt an appeal might be lodged. — The Bench did not Bee its way to grant the application, a3 the fines inflicted were quite sufficient. The Court then rose. „,. ..,