SALVATION ARMY PROSECUTION

Ashburton Guardian, Volume VII, Issue 2223, 11 September 1889, Page 3

SALVATION ARMY PROSECUTION

SSw to the Statute. Tho offecc, w2 not admitted. Mr treason *pDetred for deEecdaate. Tbe alleged Efction was caused by the , Amy in «Mce ß ßion, and atterwaraa at ktea drill Jo^ccupvnig the road that complainant who Taf drfvlng wit* his family ma trap, was unable to pass thvtu. Defendanft evidence was (hat Aere waa at all times room between the Army and tha kerbing for vehioleß to pass. He Gresson submitted do obetruotion was prov«d. The prosecution slated the de Jay waa from two to five minutes, while the JSendaSts wore kneeling In the road. It to the band and the flag, no objection waa ever made to a p»raae of rifle VolonSU in this way. The ooos^e had looked on for five years, and ou this occasion had not thought it nmemry to sneak to the people concerned. It waa not the first time aitoropt, bad been made by munfepa "onuclUo F r 9 to atop the Army! but At was the firat time proceed. IngThadbeen taken under perview r of the PoHca Cffences Act, which referred to obatrucHons from paekbf »«-•■. Aa The Resident Magistrate aald if he .greed with some point- which learntd counsel had advanced, he did not hold the Jfcw that the Salvationists were being proiecnted fet their religions za.i. Tbe question before the Court reduoed the matter vo a simple question whethet these men were, Sy their assembling, obstructing a .treat within the meaning of the Statute, and ■o that all other persons could not enjoy the privileges of the road in the same way aa they desired to do. Liberty o* the •abject did not mean absolute llcenae, nor gWe persona a right to use the streets for their own purpose to the Inconvenience of others. The obstruction was not serious bat while streets wete for the nae of all, those who by flag, drum, and kneeling •cross the read, obstructed th- .passage •o as to oauie acoldent or prevent me Jroe use of the highway, must accept a oectala responsibility. In Naplet this question h«d been tested, and, on appeal, his Honor Juatloe Richmond, in clear langu.ge, said it would be Intolerable that any body of persons should have rights to parade the atreeta with drums, fUgsand torches at any time they chose, and no ■uoh right was allowed them in common liw. Ihe Salvationists, hla Honor said, had the oommon privileges of all, bus -not more than others. They must a 1 submit to the Mme restrictions which the pubuo welfare required, and recognise the feelings of others in such matters. His Worship hoped the defendants would accept this advice and refrain from a breach of the law, for which, on a future occsslod, he would icfllot aheavy penalty. The fine in this case was 6s, wJta Court cost- 12f, and witnesses 20s, or, In default, twenty-four houra' imprisonment witt*. bud labor. The remarks of the Benoh were received with applause, whioo was Instantly suppressed. Defendant liawls, on application, was granted time to pay his flue. Nicholas and Brown elected to g o to gaol.