MAGISTRATE'S COURT

Dominion, Volume 13, Issue 168, 12 April 1920, Page 3

MAGISTRATE'S COURT

CASE OF MISTAKEN IDENTITY. llr. L. P. Rollings, S.M., presided over n short sitting of the Magistrate's Court on Saturday. Hobfui Jl'lntyre, for whom Mr. A. B. Sicvwriglit appeared, was clinrged with assaulting Constable Croivther while in the exeeiition of his duty. On April 1 CoL'stnble Crowther had oecaaion to arrest two men who were fighting in Adelaide Road. A crowd gathered round, and Constable Crowther was obstructed and assaulted. Two men wero before Hio Court on Friday, and were convicted and fined, and the accused was alleged to od. one of those who had assaulted the constable. Coiist«l)!o Crowther said he identified the accused ns the rnaii who had given him a" blow in the eye. The. .blow was fairly severe. He identified the accused from amongst six or seven other men. He was positive the accused was the man. Mr Sievwright said that the defenco was that the police had arrested the wrongiiian. it In tyre was suffering from the effects of the wound in his shoulder, and was quite unable lo inflict tho blow on the constable as alleged. The l.)ccu>-cd, in his ovidehce, said that ho resided at % Vivian Street, and had hn-n at work all day. Ho went into tho Panama Hotel, and had (several drinks with his friend Tlnme. They left the hotel together, and witness went home. Witness took off his coat and showed that he was unable, to lift his right arm to the level of his shoulder. Henry P. Hume, residing at 5 Belfast Street, dealer, said M'lntyro was working with him the whole day. About a quarter to 6 they went into tho Panama Hotel and had several drinks. At G p.m. they left tho hotel together, and took some liquor to 06 Viviin Street, whero they drank it. Witness left the house about 7.30 p.m. He ttns with M'lntyre the wholo time, Thomas J. Srinson, a waterside worker, said that he resided at 96 Vivian Street with M'lntyre. At C p.m. he left the Royal Oak Hotel and -walked home, and reached there about G. 15 p.m. M'lntyre was then in the house, and was ther? until witness left at 7.30 p.m. M'lntyro'a friend was with him. His Worship said there was consider■able doubt as to the identity of the accused, and ho should get the benefit of the doubt. The information was dismissed. Por insobriety, his second offence, Alexander Prince was fined 10s. A remand until Wednesday was granted in the case of Ernest Dawes, who was charged with indecently assaulting a female, On tho application of Mr. C. A. L. Treadwell, who appeared for tho accused, hail was allowed in .£IOO and one surety of JGIOO, or two of ,£SO each.