ASSAULT CHARGE DISMISSED

Dominion, Volume 13, Issue 36, 6 November 1919, Page 7

ASSAULT CHARGE DISMISSED

EXTRAORDINARY CASE. When Gilbert Pollock appeared before the Magistrate's Court yesterday fc. answer charges of drunkenness and • o. assaulting a seaman named John Shine, his counsel, Mr. C. A. L. Treadwell, drew tho attention of the Bench to the fact that the princirjal witness for the prosecution, Shine, was not present and could not be found.

Counsel claimed that the charge of assault should be dismissed, and stated' that Shino was not a man in whom any credence could be placed. This, ho contended, was exemplified in a recent caso in which Shine brought false charges of asault against another man, and tho Court had no hesitation in dismissing the charge.

Chief Detective Boddam said that with all due deference to Mr. Treadwell, the assault had been t. most cowardly one. Shino had had his left arm broken, and it was in a sling when, it was alleged, that Pollock severely twisted the left arm and injured the muscles. Ho did not know why Shine was not present, but the police were searching for him. It was not a trivial matter, as Mr. Treadwell would have the Court believe. He asked for a remand till Thursday.

This was objected to by Mr. Treadwell, who pointed out that Pollock had been in gaol for a week awaitiug trial.

Captain Hennab, J.P., who was on the bench with Mr. R. D. Hanlon, J.P., remarked that it appeared to be unfair that Pollock should have to remain in gaol. Chief Detective Boddam admitted that tho circumstances were unfair, but ho could not help that. He had no objection to accused being allowed out on bail. Mr. Treadwell remarked that his client could not find bail. If Shino had had any charge against, his client ho should have appeared. Counsel did not think, therefore, that the charge should bo pressed'against his client. As Shine did not aopear, th? presumption was that Pollock was innocent. Mr. Hanlon: Is it for a week that this charge lins .been bunging over him? Mr. Treadwell: Yes. sir. Chief Detective Boddam further staled that Shine had been warned by Detective Torrence to appear, and ho would suggest that the perused be allowed out on his own recognisance. Gnotain Hennah fined the accused ss. for drunkenness and. dismissed the charge of assault.