MAGISTRATE'S COURT

Dominion, Volume 12, Issue 255, 23 July 1919, Page 5

MAGISTRATE'S COURT

STREET FIGHTS AND A RIOT

POLICEMAN ASSAULTED

Whilst a street concert was in progress on Lambton Quay on Monday nigiit, a suction of ihe crowd in attendance objected to tho interference of the trams. as each tram appioached numerous young teliows wouid attempt to pull the trollypole off the wire. The police then arrested Ltvilie Oldaker, who was charged before -Ur. E. Page, S.M., at tlio Magistrate's Court yesterday ivith creating a breach of the peace and also with obstructing a traiucaiv On the application of Inspector Marsack the first charge was withdrawn. The accused admitted the offence mentioned in the second charge, and His Worship decided to hear the case against Alfred Charles Needham, whose offenco arose out of the arrest of Oldaker, before imposing a fine. Needham, who was represented by Mr. P. W. Jacksou, was charged with assaulting Constable Scolley, and also with obstructing him. He denied both charges. Constable Scolley said that; on the way tu the station with a prisoner the accused attacked him from behind, catching him 'by the throat. He then called on the crowd to get the prisoner away, and a riot almost occurred. Witness caught the accused yb.v the legs and threw him into the gutter. The accused still maintained his hold. The crowd then threw stones, and witness was kicked severely. A. number of windows at the police station were broken. The accused was tho man who assaulted witness. When searched at the police station the accused had a pair of Government handcuffs in his possession.

Detective-Sergeant Andrews gave similar evidence, and said that 'he was also attacked and felled to the ground. . Aa a result of the accused's attack, the .original prisoner got away and had not been recaptured. The crowd were very angry, and the situation was ugly. There was a lot of "counting out," and the whole causo of the trouble wa6 the arrest of Oldaker. The hose was then turned 011 to the crowd,

To His Worship: IVitness was assisting Constable Scolley when tho accused rushed Scolley and struck him.

The accused said he was walking past the Midland Hotel when ho was suddenly grabbed by the legs and thrown into the gutter. ■ 110 denied absolutely that he rushed the policeman.

To Inspector Marsack: Witness denied that he told a different story to the inspector on Monday night. He did not tell the iMpeotor that he did not throw the stones, but he know who did.

His Worship said that Jie was satisfied that tho accused was tho man who assaulted Oonstable Scolley. He would be sentenced to 14 days' imprisonment with hard labour on tho charge of assault, The charge of obstructing the police was withdrawn.

The case against a soldier for obstructing Sergeant Maihieson was then taken, lie was defended by Mr. G. Moilish, and pleaded not guilty.

Sergeant Mathieson said that ho. was endeavouring to clear the crowd away from tho front of the Police Station when the accused made use of an objectionable remark, and refused to go. Tho accused was very defiant.

This was the only evidence, a 6 the Court accepted the report that there was a riot outside the station. On behalf of tlie accused, Mr. Mellish 6aid that his client was not the man who oaused tho trouble. He was arrested in mistake for someone else. Tho accused denied tho charge, and said in evidence that he was on his way homo when he saw the crowd, and before he knew where he was he was in the crowd and promptly arrested. His Worship aaicl that there was some doubt as to whether-tho accused was tho man, and he was entitled to the benefit of such doubt. The information would be dismissed.

Oldaker'? case was then concluded, the defendant being fined ~£2, tho maximum penalty under tho by-law.

' WHITE VERSUS BLACKS. William James Edwards, a negro, and Thomas Jones wero jointly charged with occasioning a breach of the peace by disorderly behaviour in the Central Hotol. Evidence was igiven to the effect that three negroes entered tilio bar of the hotel on Monday and wer<S having a drink, w'hen Jones commenced to "chip" at the negroes and insult them. Edwards appealed to the proprietor, and 6aid that h\) was u British subject from tho West Indies. Jones then said that he was a Welshman, and he was' going to eloar up the hotel. The negroes leit the bar, and Jones, it was stated, followed and rushed them. "I'm a Welshman—where are the blacks?" shouted Jones as ho rushed at the negroes. A fight then ensued between the two defendants, in which Jones was worsted. Each witness swore that Jones was the aggressor. The fighters were eventually separated, and tho crowd chased Edwards, as it was thought he was going to U6e a firearm; Constable Smith, who arrested Edwards on the wharf, said that no firearms wero found on him. ■ •

The defendant Jones said that he wns drinking in the 'bar of tho hotel with two Scandinavians, and ono of them \made a remark concerning tjie negroes. He did not say anything, and he was struck without the slightest provocation. The charge against Edwards was dismissed, and Jones was fined £3.

OVER-INDULGENCE AND BAD ■ LANGUAGE. Percy James Ryan, who was defended by Mr. P. W. Jackson, entered a plea of not guiltcy to charges of using obscene language and drunkenness, The police case was that the defendant was making a nuisance of himself' near the Panama Hotel in A 7 ivian Street on Monday, and on being arrested made use of most shocking language. The defence was that the accused was not drunk, but was being hunted along by the police, and he bccame annoyed when arrested, He was simply merry-making. His Worship fined defendant £3 for using tho language, and 10s. for drunkenness.

CHARGE OF DAMAGING A CASH REGISTER. Walter Childs was remanded till July SO on a charge of willfully damaging a cash register, valued at £35, the property of Nicholas Bertanoes. It was alleged that Childs entered complainant's cafe and hopelessly damaged tho cash register because he considered that he had been over-charged. Bail was allowed in tho sum of i£lo, anpl one surety of £40.

FINED £5 FOR ASSAULT. Charges of committing a nuisance on tho Queen's Wharf were preferred against Simon Faulkner and James Wilson, and they were fined <£1 each. Henry Watkinson, who was charged with assaulting Police-Constable Cosgrove, was dealt wit.li at the same time. While the constable was. arresting Faulkner and Wilson, Watkinson struck him in tho face. A fine of £5, in default 14 days' imprisonment, was imposed.

' • SERIOUS CHARGE. ,Tamos Whiting was remanded till July 30 on a charge of attempting to commit an unnatural offence. INSULTING BEHAVIOUR. A fine of <£1 was imposed on Hamilton Wallace, who was charged with insulting behaviour. Tho polico evidence was to the effect that the defendant was endeavouring to get into tho Opera House, and while pushing, he knocked a woman down.

OTHER POLICE CASES. Rov Albert Delanoy was further remanded till July'3o on a charge of committing a serious assault at Petone. A fins of £2 was imposed on Edward r.eniston for committing an indecent, act, anil he was fined a similar amount for using obscene language. For drunkenness he was fined ss.

George Williams was convicted and fined £1 for behaving in a disorderly manner whilst drunk, and was fined jj'l for using obscene language. Eight first offenders for drunkenness were fined 10s. each, and five others wero fined ss. each, for like ptl'euces Ada Hughes. Andrew Hislop, and Frederick Joseoh Nicholson were each fined 20s.

BY-LAW CASES. Mr. B. Pane, S.M., dealt with the bylaw cases at yesterday's sitting of the "Maeistrate'e Court.

William Walter Bush was charged with usine obseone language, lie laid a coun-ter-infonnatiou of a similar nature aaajnst Norman E. Page. l''rom the evidence given it appeared lluit both deffcndnnls were taxi drivers, and that on June 3 last a dispute arose over the hirintr of a car. The evidence wns somewhat conflicting as to the exact lnngunge used, and as lo who was really lu V.lame. After hearing the evidence His Worship decided to dismiss both informalions. Mr. J. O'Shea, city solicitor, prosecuted in Bush's charge, Mr. H. F. O'Learv defended Bush, and Mr. P. J. O'liegan appeared for Pnge. A line of 40s. was imposed on Charles Poolev. who was defended on a charge of drivinir a motor-vnu at iiri'excessive speed bv Mr. H. F. O'Leary. Pooiey was a member of the P. and T. Staff, and was in charge of a mail collecting motor-van, and tho police stated that the speed at which tlio vohicle was driven amounted to a danger.to the public.. For failing to have lights attached to his motor lorry, Michael Black was fined .£l. Evidence was given to the effect that the defendant was found asleep on his motor lorry, which was standing on a uublic' highway without showing any lilhts. For driving a dray without lights at.tacheS Thomas Jones was fined .£l.

On a charge of driving his motor-car on the wrong side of Lambton Quay A. G. Peene was fined ,£1 and costs.

George Miles was convicted and ordered to pay 7s. costs for driving his cart Tiast a stationary, tramcar in Willis Street. Tho prosecutor (Mr. J. O'Shea, oitv solicitor) said that by his action defendant nearly knocked down a woman and a child. The defendant said that his borse was very restless, and he could not. stop it right away.