“EAVESDROPPING”

Dominion, Volume 20, Issue 57, 1 December 1926, Page 12

“EAVESDROPPING”

LAWYER’S CHARGES AGAINST CONSTABLE STANDING BY GRATING Dominion Special. Dunedin, November 30. A. serious allegation against a police officer was made by Mr. A. C. Hanlon during his cross-examination of Con-, stable Moore in a case at the Magistrate’s Court this morning. Constable Moore arrested a man named Howard in a fruit and confectionery shop on the evening of November 19, it being alleged that he had used obscene language. The case was partly heard yesterday morning. On that occasion all the witnesses were ordered out of Court, amongst those who left being Constable Moore. But, according to the statement made by Mr. Hanlon during his cross-exam-ination of this witness to-day, Constable Moore had been "listening-in” at one of the gratings between the passage and the Court. The constable explained, however, that although he went to one of the gratings during the progress of the cross-examination, he did not hear anything, this. statement being accepted bv the Magistrate (Mr. H. W. Bundle). “Weren’t you ordered out of Court yesterday morning with the other witnesses?” asked Mr. Hanlon. Constable Moore: “Yes.” Weren’t you listening at the grating in the’ passage-way?—“Well, I • was down the passage.” Mr. Hanlon (with rising voice): Weren’t you listening at the grating? —“Well, I’m not denying that.” _ Don’t you think that is a most improper. thing to do when you were ordered out of Court?—"l was out of Court.” But vou were also told to remain out of hearing. That was a most improper thing.—-“ That was not the order of the Court.” The Magistrate: Did you hear the cross-examination —“No.” Witness explained that he wonld not be out in the passage for more than two minutes. The Magistrate: _ Could you hear what was being said?—“No.” Mr. Hanlon: Do you mean to say that you couldn’t hear my voice out there (counsel pointing to the nearest grating) ?—“lt wasn’t that grating.” Well, vou know it’s all the same. Didn’t the Court orderlv find you at the grating? Why didn’t you go into the room where you were put? Do you mean to say you didn’t hear me?—“l did not.” The Magistrate:' When you are ordered out'of Court you must remain out of hearing.rar.fH accept the constable’s statement 'that he didn’t hear anything of the cross-examination,” added Mr Bundle. Mr. Hanlon: “Didn’t a young woman tell vou that you should not be out in the passage at all?” We will 'have her here to give evidence. When Constable Maynard was being cross-examined Mr Hanlon asked him if he had been listening at the grating. Witness: “I wasn’t.” But vou were yesterday, weren t you?—"No, I was not. I was certainly standing by the grating, but I • wasn’t listening.” . To the Magistrate: Witness, heard no portion of the evidence while he was standing by the grating.