LAW REPORTS.

Dominion, Volume 7, Issue 2011, 19 March 1914, Page 9

LAW REPORTS.

PETONE COURT j H . " s THE SUSPICIONS OF A CONSTABLE. I n i: BILLIARD SALOON. . * GEBAT CONFLICT OF EVIDENCE. At the Petone Police Court yesterday, f before Mr. D. G-, A. Cooper, S.M., Rob- ( crt Hancock, proprietor of the Union i f Billiard Parlours, Petone, and hiis broth- I . er, Ernest Hancoek, were charged on two counts, (1) with obstructing .Constablo Carmody horn entering .the saloon, and (2) with assaulting the constable. Mr. T. M. Wilford appeared for accused, who pleaded not guilty. Sergeant Foster 'conducted tho case for the police. The Constable's Allegations, • Constable Canned} , stated that on the night of January 27, abetiC 11.30 o'clock, he saw a light in Hancock's saloon. He knocked, and after some delay the d.oor was opened. When he got inside, the two accused took up a £hreaienmj| attitude. ■ There was a stairway leading to the saloon, and otie of the accused threatened to have witness's "blood" if he went up tho stairs. ' As the situation was, witness formed the opinion that he would have had to uso liis baton if he wished to get past. "I did iiot, however, like to Use extr-Mn© measures," added tvitness, "oonsklering that only gambling was going on." Mr. Wilford: Have you tna<ta tip your .mind 'to settle fl.ftn.coc.fc, aj-ld close hie rooms?—" No." You know Mr.'CroftP-—"Yes; ho ss one of Hancock's associates." Did you tell, him t-kat Hancoek had a gambling hell and a dea of thiteves, and it would not Ijc long before you had liim'out?—"Nevt-r>" ' Mr. Wilford: You be aarcful,'- , ' constable! .- Witness: I will lib careful. I dou'fc caro about you. . You have had me before. ' • ■ . Did you say you -rtouU he «p to his rooms when lie least expected it?— "No." You arc on you-j- oath? —"Yes; you needn't tell me that again." You stated you eoiiM not get it£> tho stairs, and did Hot want to use your baton, considering that only gambling was Roinp; on?—" Yes." '••■• -After further. quesUotiiilg, fitness said lie only thought that gambling was going on. Mr. "Wilford: When you went to flie door, it was lookedP—"Yes."; Then, none of the publie icotild get in?—" No." . •' ' : ' Do y<iu" contend that Hancock is not allowed to bo on the premises after 11 o'clock? —"No." ■ Then, why'could lie not have h>3 lights on?—" Because lie had had'item on too often." Is that the host answer?—"I_ sn«four men leaving <m n previous night." . Can you say that aijy of thorn were on tho premises illegally ?--"No." . .Witness added in evidenen tliat ■ tho. accused only threatened . Mm. The? did not strike hi'm. ' Robert Hancock, ivas a-reputed bookmaker. An Absolute Ddnlal. Mr. Wilford said that the defence was an absolute • denial of- Ccmsta!»Jo Carmody's evidence. Farther, he wonld say.that the constable, 1 who hated Hail" cock, had • endeavoured ia ds bis clientan' injury. Evidence would ho called with a view to stewing that untrue- evidence bad been giver*. . The first witness for the defence was James Richard Groft, cabinetmaker.He stated that he had tlw contract for furnishing Hancock's .billiard .saloon. When he had nearly finished that c<sntract, Constable Carmodv happened to pass. Witness said te Mm: "A.ro sou going up to have n took round? 'Bob has it very nice." Constable Carmody replied: S "I'1'1 bo up therfe quite soon enough, when he least expects me. It's only a gambling .hell, <md a den of thieves. He won't tie there lone if I have my way." . Wm. Burn, cycle ens-ineer, s-aitl that' on the night in'question l)p- wesitte the billiard saloon, about 10.30'.-' A tourr nament was in. progross, and , finished about 11 o'clock. Hftnoock tlipn ftslavd witness to wait till he fixed iup the tables. No billiards went om after 11 p.m. When the eoiistable came to tile door, witness heard" Robert Hftueo-ok ask him up the stairs. The constable replied that he wo-tif-d not go up tho 'stairs with two blackguards like: accused, -j , ' . Sergeant Forster was also cfllletl rts a witness. -He said that iibout 11.30 p.m. on January 27 ri&iiwt E. -Hancock, who stated that he had tome to make a complaint -about Constable Carmody. Witriess told him to.como in. the morning, but Hancoek .did ttofc do this. Robert Hancock gave evjfoico on-his own behalf. He stated that so.iire y*ni's ago ho was a booftrtTakei , , few! s : HEf! bo had opened the billiard saloon bo had never laid -a wager. Constable Cat" raody had never heen frieudTy with him after witness paid a certain man's fine. Hβ had .overheard Constable Carmody's mnnrks to the witnn-ss Ovoft, and ewy word was true. • When tlie constaWo camp to the saloon on Pebnisr.y 27, witness invited him to go Up the stsirs. Tho constable,'however, replied tlwt lie would not go there with MaekgttSrds. Tho Magistrate sakl tl«t the deuce was of such a eoiiflietin<; nsturfi that, ho would dismiss Jjoth Informations, . A further charge ngsinst Boheft Hannock of using certain language *as adjourned till May 20. OTHER PETONE OASES. A' number of young kkmi appeared before Mr. Cooper, S.M., chargctj with failing to attend drill. Victor Hawthorne was fined £o. with costs 75., in default fourteen day's , military detention ; T. H. Stephens was, fined £3, with costs 75., in default seven days' military detention; J. £i. Banks. L. F. Fleet, IX. It. Poiutaa, and M. F. Parr wore each fined 205., with costs 75., in default forty-eight hours' milit-w detention ; A. 'T. Stevens, John P.iki. D. (i. Wakefield, J. Banks, D. Dunford. L. A. V. Reosby, and C. N. Siins vfere nacii fined 10s., with cost's 75., in dofault fortv-eight hoiiTs' militarv detei* tion; and C. Symesaiul N, Wimllrtt were ordered to pay Court costs, in default forty-eight hours' military detention. E. H. Garrot-l wax fined Ss.,_ nitTi costs 75.. for keeping au unregistered dog. PETONE CIVTT, CASES. Judgment went by default (or plain* tiff in the undefended caso Petonn Dorourli Council v. Janet Slielky, fi'.r £2 us. lid., with costs iss, Arthur Henry Wise elaicned £7 7s. and possession of a, tenement, from Ernest C. Kivoll. Jutlgtnpnt was for plaintiff for the amount- elaimed, Wftit .-C2 costs, possession of teiiemctU to he given within five days. Orders woro made in tho following judgment summons eases; —P. C. Ffcptli v. Robert Yarrow, ordorod to pti.v £2 195., in dcfiiult seven (lays' imprisonment; same v. John M'Glasban. oidorcd to pay £1 13s. 63., in defmilt thrfo days' imprisonment, tlie order to he suspended on Da.vment of ss. per tnuiith.