MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1952, 24 September 1888, Page 2

MAGISTERIAL.

ASHBURTON— MONDAY, i (Before Major Steward, J.P , and Mr D. Thomia, J P ) L'RUNKENNPSS. ' A first offend or was fined 5s without cats, with the usual alternative. H EEE3 AT LARGE. Joseph Edwards for allowing a horse to wander at large was fined It and costs. Joseph Ward for having hllowed two borsas to wandor at large was fined U f)r each horse and cost?. THE SALVATION ARMY. W'Huun Harvey, was charged, with having, as Oaptaic of the Salvation Array, caused an obstruction m a public place, viz , East street by permitting a band to p!ay thereon on September 15. Mr Cuthbertson appeared for the defendant. — The following evidence was lei by ha polioe : ■—• Constable Smart sail that he was on duty about 8 o'clock ou Saturday evening, About that time the Army came out and stood c'oae to the footpath, the band playing, the Army singing and members of it addressing the crowd. There were about twenty of. the Army, and they had torchlights. They remained at tint pace for about ten minutee, and then witness ca led Captain Harvey who was m oharge of the Army, to ono aide and informed him that he was doing wrong by allowing the Army to remain, and that he must keep them moving. L'ha Captain made no reply, arid he and the Army band remained standing for about ten minutes af er witness had glveij the caution. The crowd en the footpath wan very large, and It was impossible JEor any female to gat through It. The obstruction was very greit, as witness could scarcely get through the mob on the footpath himself. Repeated oompUinta had been made of the obstruction made.— By Mr Oinhbertaon : The Army atood m a sort of eeaai circle close to tho footpath. They occupied about ten feet of tha road, and there was room for vehicles to get last behind them. On fine Saturday evenings there woa generally a crowd m Bast street, but when the Army was not there no obstrootion was caused, as the people kept moving. Too Army did not obstruct the footpath, the obs'.ruation there being oaaaed by the orowd who oolleoted on account of tha baud playJng —Sergeant Felton said. that his contention was misunderstood. Be maintained that tho Army obstructed the road, even if no orowd collected. The obstruction on the footpath wai an aggravation of the e ft. cos. — Witness oontlnaed : Witnees wbb not oarttln, but he thought that some horsemen had to go roacd by other streets aa tho horae! would not face the torchlights or tho uoiae of tha band— Sergeaat Feltoa e»ld that he otmgod the Army with omsing an obstruction ia the same way that a person who left a cart or anything of that sort on a road was deemed guilty of an tbstrnotion — The bench thought that toe point was one to be argued later on— Witaees had never been told by the defendanf?-that he wan Captain of the Army. He always understood that dofeadaue was G.ptain of ihe A my ; but he only knew from what he heard.— By the Benoh: The obstruotion was caused near the corner of East street and Burnett street opposite the Dng Oompauy'a store. The b»nd wan not playing all the time j they playad after witueea cautioned them. Captain Harvey also addressed tho crowd subsequent to witness 1 caution.— A. M. Pearson saw tha Salvation Army on Saturday evening, Sept. 15 Tuey were standing opposite the Drug Company's store. Sa<v Constable Smart apeak to the Captain. They remained there aboat tea minutes after the caution There was a great orowd on the footpath. It would be almost impossible for a female to get through; witneos had great difficulty m getting through himself. The Army were standing m a sort of circle, and occupied a space nearly to the middle of the street. — By Mr Cuthbertson: There were about 20 m the Array. There was generally a crowd m Kast street on fine Saturday evenings, but they kept moving aloug, and witness had never any difficulty m getting along. Knew Captain Harvey to be Captain of the Salvation Army by repute. Did not know i£ there was a Captaia Aston here. Knew that Captain Har/ey directed their movements ia the street Had also seea Fawcett directiug the inovementß of fhe Army — J C. Bell and W, Pattman gave evidence similar to the foregoing. Each of the wi nesses had been compelled to leave the footpath on account of its crowded state and walk on the road. — This was the case for the police. Sargt, Felton was proceeding to quote authorities when Mr Cuthbertson objected to the Sergeant addressing the Banco at that stage. He should have maio his address m opening his case. — Sergeant FeJton said that he vras. not gpjflg to address tl;e Bench on the evidence but on the \&\r of the case. — Mr Outhbertson objected to the Sergeant proceeding.— The Bench thought that unless Sargeant Felton could adduce some strong authority they would haya to allow Mr Outhbertson's objeotion. — Sergeant Felton agreed that Me Outhbertaon had a right to raffle hia objeotion, bat It w&s one which had never been brought m before. — Sergeant Felton then proposed to hand up to the Benoh his authorities for inspection, bat by arrangement with Mr Cuthbertscn he read them without making any comment thereon. — Mr Oath bertsoD, m opening his case, submitted that the information was bad. Serge m t Folton had quoted Seotloa 17 of the Police Offences Aot m regard to the liability of a master for the ucta of his servants, bat before the present information would hold good it would have to be shown tbat the relation of master and servants existed between the defendant and the Silvatlon Army band— that they were nuder hia orders and receiving his pay. — The Benoh were afraid that this line of argument would not avail Mr Outhber'son. If he wished to raiae the contention that the defendant was not In any way responsible for the aota of the band, he should have taken It as a non-suit point at tha beginning of the oase, but instead of this he had exercised his privilege of oroasezaminlng, and had gone through the case on its merltß. — Mr Outhbertaon said that he had taken the first opportunity of advancing the point, aa be did not know what evidence Sergeant Felton contemplated leadine, The latter might have , called some of the Salvationists to prove that Captain Harvey was responsible for the aotlons of the Army, but this point j not having been proved, he (Mr Outhbert- , son} contended that \hs Sergeant had ' failed to establish his oaae: — The Bench | were not able to agree with Mr CcUhirert- , son's contention. They knew of their < own knowledge, and everybody knew, ] that a Salvation Army Captain exercised , some Bort of control over hia corps. f After Borne further argument, Mr Oath- ] bertum preceded wlthhis case. He called , William John Harvey, Captain m the ( Salvation Army, who said that he was out | with the Army on the evening of MSatur- ( day, Septembor 15. He was net m charge \ of the band tbat night, and did not direct ( their movements m any way. There are 1 about cix m the band, and all told the c number was about ten or eleven. The i Army ocoupied aboat ten feet of the t roadway near the footpath. There was a t crowd on the footpath, but no obstruction t Af|;er Constable Smart spoke to witness c the band did not play till they started to 1 go away. There was no singing but wit- a dess addressed the people after Constable g Smart spoke — By Sergeant Felion : Wit- o ness bad been m Ashburton about ten g months. Ashburton is a part of a Salva- a tion Army district of whioh he was m c charge. This was not the first time wit- g neeehad been spoken to. Witness had,

been eunmoned on two previous occasions, and on ihe fiist the Magistrate) recom mended the Army to keep moving. After the Constable spoke to him witness addre&sod the crowd for about three minute?. — John A6hton, aleo a Captain of (he Salvation Army, was oat with the Army on Saturday, the 15th Inafc Ciptaln Harvey wbb not conducting the band- Mr Henry Taylor, the buidmao'rr, w?a In charge of the band. — By the Birch : Captain Harvey w^uld g'va the directions to maroh and wheel, etc. -—Witness continued : There were about 14 or 15 members In tie Army. There wan a crowd on the footpath, but mt more than on ordinary Saturday nlghta. The crow.! oee-red more anxlona to atop and listan to the Army than to mova along. After Constable Smart's eantlon the btni did not play till tb'e Army oommeuoed to move.— By the Banoh : Priority of appointment did not In the Salvation Army give one O»ptaln the charge of a corps In preference .to another. When two or more captains were present with one corps, tho Captain (a charge of the town cr corps had the command. The present deiendant w*s In oharge of the Aahburtnn corps, and witness o aid not take hU command without hli consent. The bandmaster was ia musical charge of the band, but if the Captain had ordered them to strike up they would have to do to. — Another member of the Army having given evidence corroborative of the fore* going the Bench retired for a few mlnutei to consider their doolslon.— On returning the Chairman said that the Bench had taken the present case into their most oareful oonnlderatloo, for the reason that elmllar d fficultlea with the Salvation Army had arisen In other parts of the colony, and tbelr desire to do what was strictly just, both towards the Army and tha public. The Banoh free y admitted that the Army, as an organisation wai doing a large amount of good, but at the same timo they — the Army — were bound by the civil law equally with other sub* jeots of her Majesty The defendant himself must aea that It was, next »ft?r his duty to bis Maker, the duty of any Christian to respect the laws of his ooun'ry. Every subject of the Qieen bad the right to free ingress and egress and to unobstructed passage In any publio place or thoroaghfare, and it could not be denied that East street was Buch a publio thoroughfare Oeor every foot of that thoroughfare 3?ery peraou hid the right to pass, and had the Army only obstructed ten square feet they oould ba called to aoaoant. He might say that the Banoh regretted that an attempt had beau made to get ont of the present charge by a quibble by attempting to show thtt the bandmaster ought to have been sued as tha parson causing the obstruction. Tha Biuoh said a quibble, because it hai been shown m Captain Aafcon'a evidence m reply to question* put by the Benoh, and it h»d also been admitted by Capttln Harvey^ that the latter was In chirge of the distriot and could have controlled the actions of the band if he had so wished. Consequently if an obstruction had been caused by the band It waa cauaad by the tacit permission of the defendant, The Benoh therefore found : — (1.) That a public thoroughfare, to wit, East street, was obstructed on Saturday, 15th, through the action of the- Station Army —(2.) That the I defendant being proved to b? the Captain m charge of the district, and baing present mast be held responsible for snob obstruction. — The charge was therefore found proven, and the defendant was fined m the sum of 2Qi, with the usual alternative of 24 hours' imprisonment. — Mr Outhbsrtaon would like to say that the defendant had not attempted to get out of the oise by deuyirg his .eßponslblllty. Tho point had been raised by him (Mr Qathbartson) | as the result of Jhls research m the ! cm?,— Tha Benoh were glad to hear the' explanation. The Court t n rnoe.