HOSTILE WITNESS.

Dominion, Volume 4, Issue 960, 29 October 1910, Page 3

HOSTILE WITNESS.

, . ..♦ ._- r .in COLLAPSE.OF PROSECUTION. STREET BETTING CASE. SEVERE COMMENT FROM BENCH. There was a rather sensational collapse to a pplice prosecution in -the Magistrate's Court yesterday morning, the information being, dismissed on ao- w..v count of the position taken up by the li"L first witness. .. ' ]0;;S The case was one against . Wilbam !?. Ham, charged with street-betting - in Willis Street on Sept-ember 23. Aocused pleaded not guilty to the charge teS and was represented by Mr. E. J. Fitz- ' gibbon. Chief Detective Broberg pro- ' ■secuted and the first' witness called was ono. lerry O'Hagan. "Terry O'Hagan ITerry O'Hagan 1" called the orderly, and the response was iVa heavy tramp of footsteps towards tho i /i:-witness-box, which .was. entered' by. a short thick-set individual. As- soon! as j£--Oonstable Jones, Court orderly, 1 proceeded to swear the witness, the latter in a deep, heavy, deliberate'voice, exchimed: "I decline to give evidenoe." ■ .I* l ® niagjstrate, however, directed that the'witness , should be sworn, and Mr. E. J. . Fitzgibbon stepped forward apparently with the .intention oi making some objection. ' " "You are not appearing for tlio witness, said the' magistrate .Tather ;■■■ sharply. . ■ - >'• ' 1 ■ -■ n-*..:-"No, but I'm appearing for tho defendant, your Worship," said Mr. Fitzgibbon. • ; jv: ' "Well, this is not. one of your wit-' . h-i nesses, ' remarked-the magistrate, and Mr. Fitzgibbon retired to nis seat. • -v J i,, O'Hagan was.very deaf—stone-deaf iir.J.one ear—and the . matter of administer- i' ing the oath was a' difficult one, but i finally he. was handed the printed form !* - r and he read the oath aloud-and kissed the Book. I '. Then in answer to .questions 'f:4: by the .Chief Detective, witness -stated |;!.v that he was-a labourer, employed by < the corporation,"and that he pl- - ' : . ■]*■; Chief Detective Broberg: On Friday, j September 23, did you see Mr. Ham? i * Witness: I .forget. ' The Chief Detective: H&ve you got ® >»»► bad memory? (No answer.) Just tij: and remember. 1' * ' '. ' ■' /' : . n-;: Witness: I don't remember. : w The Chief Detective: Did you make *& a. bet'with anyone oirthe last Avon-- va dale races? Witness did not appear to comprohend for a second-or two, . but, - a±; 1 length, he said,-or rather shouted : ; -"01» ?i, L ; —forgot." V .-. - •At this stage, Chief Detective Broberg- 'i applied to, the; Magistrate to be allowed ' ,to treat O'Hagan as a hostile, witness, > f,! as the man had put "in a. signed state- , ment, and was apparently anxious ta :/« "forget" all about it. Tho Magistrate consented - to the witness being treated I l : as hostile. -■. ..." -i-g .The,. Chief Detective,(showing witnes® . Ifi a paper): Is that your signature?.' • Witness: Yes. K Did;-you-sign it?—" Yes.", . . Did you make that statement to Do- ;v~ tective Hammond ?—"l' don'tremem-j S? ber." - . V .... , -. Can you read at all?—"Oh, I am: not a. good reader.". . ( Can you.read this? (showing him tho statement).—"Cannot 'read'.that;""" ".' .* 'Why do you take' lip this ■ attitude* "i it that, you' haye now taken ?—"Don't 'j« know." . :. ' : Do you deny that you.'.made that: .; •" statement to Detective Hammond?— don't remember." . ." jS ' Did. you invest £5 .oivNaiimai in, a- '• ! race at the last)Avdndaloiraces with?' •{ • the defendant Ham?—"Don.'t'.'know". . ' The .Chief Detective here .remarkedi J.to the Magistrate ."that he knew why* ' ■ the witness was taking'such, a" peculiar* i attitude, .-j 1 ' t.: :. ;. 1 Mr. Fitzgibbon said ■he objected tO\ i | any reflections being cast on-defendaii. . i ,"* "Nothing ''.has. • been saidabout' de>. ! fendant," said- the 'Magistrate. / .."Yon; j .can object if anythiug is. said;" ;. .! . ! The Chief ; Detective tlien explainbdl.. ! that O'Hagan had called'at the policei ' station, and made a statement-,' and the: , • : information, had ; been laid on tha ; strength of that statement.' j : The Magistrate: The difficulty is-thai | • he is v so deaf-^so-dTill'.of hearing. No /-j: doubt he is an' adverse;witness, arid, j: - in-my' opinion, he is ' ? that aro untrue.' ' ' . : :i •'

On account of the position taken up, by the .witness, Chief Detective Broberg stated that it would bo 110" use going any farther with the- case; '-' -. The Magistrate:.. Very. well,, the.information will be dismissed. J' ;,Mr." "Fitzgibbori: Might I be. allowed; to : make' an explanation in connection, with the case,' your. Worship? The Magistrate : .The. , information.:, is dismissed, . There was rather an amusing 1 littie. sequel to the case.,' as the witness. waiied_ in the court'iuntil the .Chief. Detective had . finished , with some ..other 'canes.'.} j?hen the Chief Detective left-' the'court room, the witness immediately/ applied, to him to be dirccied as-.tei where ho was to get his expenses.. - ,