MAGISTRATES COURT

Dominion, Volume 12, Issue 215, 5 June 1919, Page 3

MAGISTRATES COURT

A ROW AT WADESTOWN

CONSTABLE USES HIS BATON

Details of some trouble which occurred nt the house of'.Mr. George Nash, J.l\, Hanover Street, Wadestown, on the evening of May 27 were narrated to Mr. Frazer,' S.M., iit the Magistrate's Court yesterday, wncn a powerful-looking young man named Herbert Muloney was charged with being a rogue and vagabond, ho having been found by night on Mr. Nash's premises, lialoney was aiso charged with having assaulted Constable F. J. Williams while in the execution of his duly, with wiving resisted arrest, and with having done damage to tho constable's uniform to the extent of M bs, Senior-Sergeant Willis, who prosecuted, said that late on the evening in question accused went to Mr. Nash's house, and was requested to go away. He went out. side, but as it was suspected that he wa.s still loitering Vtbout tiio premises tho police were sent for. Constable Williams arrived shortly afterwards, and found lialoney hiding in the hayloft.. As soon ns lie saw the constable accused ran away, but Constable Williams overtook him and brought him back to the house. Suddenly Moloney made a violent assault upon (lib constable, knocked him over a chair, and made anotner dash for liberty. Ths constable cauguc him again, and a deapsrate struggle ensued. Maloney iougtu so fiercely that, in order to dciend hinv self, the conMable had to draw his baton and subject accused to several blows to induce him to ceaso resisting. As a consequence of the meleo the constable's uniform, which was valued at M 55., wa ; s severely damaged. George Sash said that on the night of May 27 accused came to his house and asked for a whisky. Accused refused to go away when requested, and witness, who was lying 'in bed suffering from sciatica, told him to "clear out of it!'' Witness's sister sent for the police, and Constable Williams arrived on tho scene. The constable found the mnn hiding in the hayloft, and when asked to go away with the constable he violently assaulted the latter, punching him in the ribs and knocking him down.

In reply to accused, Mr. Nash denied that Maloney had been invited to stay at his place. On several nights accused came to the house and witness had had. to throw him out. Had accused been in the house on the night before thß occurrence under notice it was not with witness's knowledge and consent. , . ' Constable Williams said that when he went to Nash's house-and searched for Maloney the latter emerged from the hay. loft." He afterwards attacked witness very violently, knocking him down over a chair, and witness had to deal him several blows with his baton to quieten him. Witness's uniform was also damage*! in. the struggle. Seven months ago witness arrested accused on warrant for not paying a fine. On the way to the.gaol accused said, "Wait till I get you one night at Wadestown, Williams, and I will do for you." As a result of the assault witness had been incapacitated for several days. Witness had had to warn accused several times to keep away from Nash's place. Maloney, in his evidence, 6aid he. admitted the assault on the constable. Nash had told him that he could go to his house as often' as he liked, and; as a matter of fact, he had actually stayed in Nash's own room. When Nash's sister went for tho police ho hid in the loft to .avoid Constable Williams.

'.Cross-examined by.Senior-Sergeant Willis, ..accused said ho had worked at the Vacuum ' Oil Company's nixmt three months ago. Ho did not know that he was "wanted" by the police on a charge of being an and disorderly person. His Worship convicted and discharged the, nccused on tho first.charge. For assaulting the. constable Maloney .was sen- • fenced to a month's' imprisonment, on the-charge of: resistance he was convicted and discharged, and on the lost chargo ho was ordered to make good tho damage done, to the uniform, in default 21 days* the term to be cumulativo /to the sentence of one month.

FIGHT. IN HAWKESTONE STREET, .Two,men named Alexander Aspin and Robert M'lntyre fl -Davis were charged with having committed a breach of the peace in HawkestxW Street on Tuesday night.

A spin declared that he had acted in self-defence, Davis having attacked him first when ho was preparing to rctiro, to bed. ' Davis alleged that he went to Aspin's house to remonstrate with him for. having assaulted his (Davis's) sister, and then Aspin struck him first. ■■ , His Worship said he was not sure which of tho two started the row, and for that reason they would each bo convicted and discharged! j A FORGED CHEQUE. Samuel Lockhart Gilmer was charged with having on May, 28 forged the namo of Samuel Gilmer to a cheque for .£SO drawn on the National Bank of Now Zealand, and with having uttered it to an official at the bank. Evidence was given that the cheque was presented to the National Bank by a. boy, but it was at once seen that the signature, which purported to' bo that of Mr. Samuel Gilnier, of the Royal Oak Hotel, was a fraud. Defendant had been working at the Royal Oak Hotel for eleven years, and had handled large sums of money. Nothing had ever been found against him, however, and he left the hotel of his own account. Defendant, for whom Mr, J. Scott appeared, pleaded guilty to the charge, and he, was committed to the Supreme Court for sentence. Bail -was allowed in the sum of jGIOO. BREAKING, ENTERING, AND THEFT. Arthur Frederick Funiess, a young man, for whom Mr. J. Scott appeared, pleaded guilty to stealing a bicycle valued at £3, the property of Albert White. The, offence took place on April 12. Furness also admitted.having broken and entered on May 28 tho premises in 21 Windsor Place occupied by Minnie Spargo, and' having stolen fromi there a gold watch and gold chain, valued at .£ll, the property of n boarder. He entered thohouse in the daytime, and sold the watch and chain to a second-hand dealer for a fow shillings. On the first charge he was ordered to come up for sentence on. June 9, and on the charge of breaking, entering, and theft ho was committed ot the Supremo Court for sentence.

OTHER CASES. Harold Vincent Potter ivas charged with drunkenness and with having niada use of obscene language. It appeared that accused went tt> a dance at the Alexandra Hall, Abel Smith Street, on the night of June 3 in an intoxicated condition. He caused a disturbance there, and- after being asked to leavo inado use of obscene language. Convicted and discharged for drunkenness, tho defendant was fined '£2, with 10s. costs, in default seven. days' imprisonment, for having used tho bad language. '

Teofils Horacio Acosta, a native of the Argentine, was accused of having stolen a coat valued at £'i 10s., the property of Cyril Crispe Cottrell. He said that he was in a somewhat muddled condition through drink, and had taken tho wrong coat by mistake. His Worship accepted tho explanation, and dismissed the charge on payment of ss. costs. Andrew Scott, an elderly man, was sentenced to two; months' imprisonment for having committed a,grossly indecent act in Manners Street on Tuesday. Mr, Frazer remarked that this class of offence was becoming far too common in -Wellington. For insobrioty, Charles Wilkie, Thomas iAlylett, and William Hogg were each fined 10s., in default 48 hours' detention, and Peter M'Cabe was fined 205., in the alternative 72 hours' imprisonment.

Six tirsfc-offomiors for insobriety were each ordered to forfeit tho amount of their bail. 10s., and another was fined ss. A female first offender was convicted and discharged for insobriety, and on a charge of having broken the conditions of a prohibition order she was convicted and discharged.

Michael Martin was convicted and discharged for drunkenness, and was /ned ,£',], in default U days' detention, for the breach of a prohibition order.

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