MAGISTRATE'S COURT

Dominion, Volume 12, Issue 257, 25 July 1919, Page 3

MAGISTRATE'S COURT

1 , ANOTHER STREET MELEE OFFENDERS SENT TO GAOL , ALLEGATIONS AGAINST THE POLICE Another street melee took place in Courtenay Place on Wednesday evening ■when the police experienced considerable difficulty in apprehonding the offenders. As a result of the disturbance four returned soldiers in uniform appeared before Mr. E. Page, S.M., at the Magistrato's Court yesterday to answer charges of resisting, obstructing, and aseaulting tho po'.iee. Tho offenders were: Georgo Charles Fitch, charged with obstructing Constable James Scarry; Harry Cliffe, obstructing Coustablo James Hunt and with assaulting Constablo George Dowling; Lewis John Edwards, drunkenness, obsceno language, and resisting Constablo James- Hunt; Frederick Cliffe, obstructing Constable James Scarry. Senior-Sergeant Willis conducted tho prosecution, and said that the disturbance aroso out of tho arrest of tho accused Edwards at 6.30 p.m. by Constablo Hunt. Some women had complained of Edwards's conduct towards them, and Constablo Hunt arrested him. As they proceeded along Courtenay Place, Edwards called upon other soldiers to rescus him, and but for tho assistance of a tram conductor and a civilian Constable Hunt would have been badly handled. Extra police had to be called out from the Taranaki Street Police Station. Constablo Hunt said that when lie hnd got as far as the Gas premises with his prisoner ho met the two Cliiles and Fitch. They followed till thoy wero opposite the Stewart timber yard, when the accused Harry Cliffe tripped witness, and ho fell with Edwards and Cliffe on top of him. A large crowd collected, and the situation wns very ugly. Someone pulled the prisoners oft witness, and on regaining his feet .ho caught Edwards, but Harry Cliffe again tripped him and threw him to tho ground. This time ho was on top of both prisoners. Someone in the crowd pulled him off,- but he was unable to see who it was. He got up, caught Edwards, and a civilian, who volunteered, went off to the Taranaki Street Police Station to obtain assistance. Tho tram conductor pulled Harry Cliffe away. Constables Scarry and Dowling and Sergeant Martin then came on tho scene. The fighting lasted for about half an hour. When in the watch-house Harry Cliffe rushed Constablo Dowling and struck' lira on the mouth. . David Carew said he witnessed the struggle and saw the accused Harry Cliffo trip and fell Constable Hunt. One soldier was endeavouring to use a stick, and as witness struggled with him, he was 6truck on the back of the head. Asked by the Magistrate if he had any questions to ask tho witness, Frederick Clifio said that ho had nothing to say about tho street occurrence, but he would like to compSain about the manner in which he was treated in, the cells. Hβ was hammered about in a fearful manner. He received a. 6olid thrashing for nothing. A policeman gave him his black eye. Constable Scarry then gave evidence as to getting (ho stick from Frederick.Cliffe, who had interfered' with witness while he was arresting Harry Cliffe. Fitch was fairly sobor, and the other three were drunk. In the cross-examination Fitch denied having interfered with the policeman. Hβ simply asked that he might be allowed to take Edwards home. The Magistrate to Frederick Cliffe: Who were the two constables who assaulted you? Cliffe: I could not say. The Magistrate: Was it the oonstablo who arrested you? Cliffe: Yes, it was. . The Magistrate: Who was the constable? Senior-Sergeant Willis: Constable Scarry arrested accused and Constable King locked hini up. Cliffo then, said, that.ho was locked up in the cell, and later;the two constables' came in and gavo him a thrashing. Constablo Dowling was then called, and said that he saw Constable Scarry with Cliffo and Constable Hunt with Edwards. They were having a rough time, and he gave assistance.. In Taranaki Street Fitch caught hold of Harry Cliffe and tried to pull him away. In the station the prisoners wanted to fight all tho police. Harry Cliffe hit him in the mouth and cut witness's lip. Sergeant Henry Martin gave similar evidence. He saw Harry Cliffe hit Constable Dowling. The Magistrate: It is alleged that Frederick Cliffe was assaulted by the police. Witness: I am not aware of that. The Magistrate: Cliffe says lie was locked up and then two policemen came in and gave him a thrashing. Witness: I don't think so. If it was so, I was not present. Senior-Sergeant Willis then detailed what he saw of the occurrence, and this concluded the case for the prosecution. Frederick Cliffe then gave evidenco as to the assault by. the police. It was a shocking assault. His eye had been blackened, his arms bruised, and his false teeth broken. He had been in the cell two or three hours before the assault waa committed. To Senior-Sergeant Willis: Accused had not given any trouble. Two or three hours after he had been locked up tho police came in, threw him to the floor, and took his boots off. Tho man who was in the cell with him witnessed the itssault. Sergeant Martin was then recalled, and 6fiid that he heard someone in the cell kicking the door. He went out with Sergeant Lopdell and Constable Pearce and asked the accused what wiis wrong. Hβ said, "Nothing," he simply wanted to got out. They thereupon removed his boots and had to use force, as tho accused struggled violently. No undue violence was used. ' The Magistrate: Is it correct that the accused was kicked? Sergeant Martin: Absolutely wrong. The Magistrate said that it was not pleasant for allegations to be made against tho police, and he asked that a full inquiry to be made. Senior-Sergeant Willis said that this would bo done, but His Worship would understand that when a man was mad with drink he could not be handled with kid gloves. "I want it to be understood that you returned soldiers aro not at liberty to take charge of the streets the way you do," said His Worship in imposing trie sentence. Fitch would be fined «£5, in default seven days' imprisonment; Harry Cliffe would be "sentenced to seven days imprisonment with hard labour for obstructing arrest, and would be convicted and discharged for 'assault; Edwards would bo sentenced to a similar term of imprisonment for obstructing and tor using the language would bo fined .*1; Frederick Cliffo wou-ld also bo sentenced to seven days' imprisonment, with hard labour. It transpired at the conclusion of the case that Frederick Cliffo was a returned soldier on leave from Trentham Hospital. He was suffering: from a gunshot wound In his right thigh. His Worship eaid that lie would have the prisoner examined, and if treatment waa required ho would be returned to hospital. The other three defendants returned homo from active service on the troopship Briton.

PRISONER MALONEY SENTENCED. A sentence of six months' imprisonment was imposed on Lawrence John Maloney, ■who was charged with being a rogue and a. vagabond in that he escaped from lawful custody. Moloney, who was serving a sentence of two years' imprisonment for breaking nnd entering, on June 10 last was removed to the public hospital for medical treatment. On July 11 instructions wero issued for the return of tlio prisoner to the gaol, and a warder attended to take him over. At 2.15 p.m., however, he was inissin" and was not arrested till July 17. Mounted Constable Stnniland gave evidence as to arresting Moloney. On the morning of July 17, he saw the prisoner at the corner of Owen and Constable Streets, and immediately ho was recognised ho ran away. The constable gave chase, and subsequently arrested Maloney in a private back yard. Prisonor gavo his namo iis Simmons, and said that ne was from Masterton and was employed at a brick yard. On too way to the

Wellington South Police Station he admitted his identity. Tho accused said that ho did not intend to escape, but simply walked out of tho ward and went to view the children's hospital. Gaoler Crook eaid that on August U, 1911, Maloney was sentenced to seven years' imprisonment for indecent assault, and was released on December 6, 1915. His Worship said that he had no doubt that Maloney intended to escape, aud he would ho sentenced to six months' imprisonment with hard labour, to be (served at tlio expiry of the present term. ' RESISTING THE POLICE. Charges of drunkenness, resisting Constable Charles James Gallagher, and of damaging a macintosh valued at £i 155., the property of the Government, were preferred against William James Mackay, a returned soldier who arrived by the Briton on Wednesday. Evidence was given to tho effect that tho defendant was arrested for drunkenness and resisted violently, and during the struggle tore the constable's macintosh. Ho was convicted and discharged for drunkenness, was lined ,£3 for'resisting tho police, and was ordered to pay tho cost of tho damage done and pay Cs. witnesses' expenses. OTHER POLICE CASES. A fine of £o was imposed on John Louis Pommerouki on a. charge of using obscono language. For drunkenness ho was fined IDs., and on a further charge of damaging Government property valued at lUs., 6(1. ho was ordered to make good the damage done. John Mills was fined ill for committing a nuisance, and lor drunkenness was fined ss. A fine of £3 was imposed on Ernest Slather for committing a nuisance on Lamb tan Quay. Wiiliaui Francis Harrison was fined ss. for drunkenness, and £2, in default seven days' imprisonment, for using obscene language. CJiriatina Olsen and Aksel Williamson wero each fiiied.vCl for insobriety. Similarly charged Frederick Robert Garlics wns fined 103., and for a breach of his prohibition order was fined .62. Three iir3t offenders wero lined 103. each, and four others were fined ss. each. UllL IiUoUVKoo CLAIM FOR PILLAGED GOODS. T. and W. Young proceeded against the New Zealand Shipping Company, before Mr. W. G. Kidclell, S.M., .claiming a 6um of <£1G lls. for goods short delivered. It was alleged that the defendant compauy had received on tho Kunhino and tho Hurunui cases of brandy for carriago to the plaintiffs in Now Zealand. While tho goods wero still in tho custody of tho defendants a number of fiasks of tho spirit were removed and the cases were delivered with a certain amount of the brandy missing. For tho defence it was submitted that the packages were acknowledged received in London in apparently good order aud condition. Evidence was called to show that .when landed in Wellington UlO packages were still in apparently good order and condition, and that there was no indication that the package* had been interfered with. It was contended that in these circumstances the defendant company had performed its contract ae set forth 011 tho bill of lading, and that they were not therefore liable if it were subsequently found that there was a shortage in the contents of tho cases. His Worship reserved decision. Mr. T. Neavo appeared for tho plaintiffs and ilr. M. divers for the drtendonts. POSSESSION-CLAIMS. Isabella Thomas was ordered to give up possession of certain goods to the Bristol l J iano Company before August 7, ana to pay .£22 12s. and costs .£2 17s. A similar order was made against Emily Harlem, tho amount in this caso being £ii 12s. aud costs £3 Gs. TENEMENT CASE. W. K. Hunter was ordered to give up the possession of a tenement to V. E'. Culinseo by August 14, and pay '£3 lls. arrears of rent aud costs .£1 17s. ."..•: JUDGMENT BY DEFAULT. Judgment for plaintiff by default was given by Mr. W. G. Riddell, S.M., in the following undefended cases: Public Trustee (aa executor of the will of Wm. Gilchriet) v. Edward Jones, JB2 12s. 2d., costs £X; Charles Frank. Giorgi v. S. W. Austin M 12s. Cd., costs 95.; John Chambers and Son, .Ltd. v. Murphy and Co. iilli lls. (kl., costs £1 10s. 6d.'; Nelson I Moate and Co. v, W. J. Cox and Co., £Pj 7s. .'id, costs £3 7s. 6d.; Thos. Builinger and Co., Ltd. v. Walter J. Gardner £9 103., costs £1 3s. Gd.; Wairarapn I Farmers' Co-op. Assn., Ltd. v. J. Crane, £3 Oa. Id., costs 12s; Elizabeth Knapp v. Writer Smith £3 155., costs 10s.; same y. Willie Little £3, costs 10s. JUDGMENT SUMMONS. H. Stagpoole was ordered to pay the sum of .£lB 15s. to Frederick Wm. John Oakley before August 7, in default H days' imprisonment.