CITY POLICE COURT.

Evening Star, Issue 3230, 27 June 1873, Page 2

CITY POLICE COURT.

Friday, June 27. (Before his Worship the Mayor). Served him Right. —Frederick William Armstrong was fined 20s, with the alternative of 24 hours* imprisonment, for being drunk Ffoite ip charge of a cab, and his Worship ordered his license to bp cancelled. Obscene Language- -Caroline Sweeney was fined 40s or three days' imprisonment. The Anderson Bay Personation Case. —Ko I ert Moore was charged, with having at Anderson’s Bay, on the. 19th iust., at an election for a member for the Provincial Council, attempted to personate one Richard B. Henot. A second information charged him with making false answers to the questions put to him by the Returning Officer. prosecuted, and Mr Joyce defended. TheififorfciatiOn having bepn re»4> Mr Hafegitfc addrtiftd the Mb a* foUowirj

—This ‘.case wM infomwilly Jujlofe your Worship W * fontoar ocdasioil* when you made.:B(>me' father in disposing: of it, whseh I, explain before 'going into the merits of the case. .Mr Street says that hpon that occasion he nnderstpod from Mr MallardtMkt a remand would be asked for on the f grodnd that he (Mr Street) was unavoidably-jwmpelled to attend an election that, was td take place that day; and that a remand would be granted under the cnronmstaucetf. It appears ' there eras a misunderstanding on tbe part of Mr Mallard, who did not apply for a remand, expecting that Mr Street would have been here. _ There was no intention of allowing the matter to drop : it was always intended to go on with it.—Sub-Inspector Mallard : No one regrets more than 1 do that a misunderstanding should have taken place, but I beg most respectfully to state that it did not occur through mo. From the commencement T "have done my duty as a police officer. The accused was given into custody by Street; he was duly lodged in the police station, and 1 on the following morning I bad him brought up in Court. Before doing so I went down to Mr Street’s office, and requested a man whom I saw there to come up and lay an information. That gentleman said he did not feel justified in doing so. The accused then came before your Worship, and Mr Joyce asked’ for an adjournment till the following day*' which was immediately granted. In the in- ' terval 1 went to see the Returning and distinctly told Mr Street that the police were not going to lay an information. -The* reply was, “Uh, Mr Hagiptt is going to appear. ” On the following morning when 1 came into Court the clerk asked who was going to lay the information. I said I did not know ; but Mr Haggitt was going to appear, That conversation took place in the presence of Mr Joyce, who, if I rememberrightly. said, “I know that Mr Haggitt is coming : Mr Street told me so.” That was the position I was placed in up to the eleventh hour. I expected Mr Haggitt was going to appear. It was really no ease for the police. l admit there was a misunderstanding; but it was not on my part. —Mr Haggitt: Ido not impute any blame to Mr Mallard. The only misunderstanding was that Mr Street did net know what Mr Mallard was going to do. 1 was not instructed until after the case was dismissed. The object of making this explanation is that it may not go forth uncoatradicted that there was an intention to prosecute, and* that that intention was abandoned. His Worship said he perfectly understood there had been a mistake. The following evidence was then given.-—W. P. Street: lam returning officer for the electoral district of Peninsula. I produce the Caversham electoral roll for tne Assembly ; it is signed by Mr Strode, the returning officer for the district. 1 produce the roll now ip force for the Peninsula district; it is in force from August 31, 1872, till September 1, 1873. On the 19th instant there was a polling at Anderson's Bay for a member of the Provincial Council for the Peninsula district: and 1 presided at the principal polling place (the Schoolhouse), at Anderson’s Bay. I saw the accused on the afternoon of the election. He entered the Anderson’s Bay polling place, and came to the table at which I was presiding as Returning Officer. I asked him nis name. [ am under the impression, but am not positive about it, that I asked him what he wanted. In answer to my question, he said “K. B. 'Heriot.” I asked, “Richard Brinsley Heriot,” and he*said “Yes.” At cma time Mr Clark, the schoolmaster, who was acting as polling cleHc, said to me, “ That’s not Heriot.” (Mr Clark’s observation was made in a tone inaudible to the accused.) I then said to the accused, “ 'Vhat is your name ?” and he replied “R, B. Heriot.” I then said, “ Are you sure your name is Heriot; have you no other name ?” To which he replied,. “My name is Heriot.” I also asked him to spell Manama ; in reply to ■ which he said “ Robert Heriot.” I said “I asked you to spell your name,” and he spelt it “Hereatt.” I. said “ That is not the way in which the name is spelt on the roll.” He replied, “ All right; I intend to vote.” I then put to him one of the prescribed questions, “Are you the person whose name appears as Richard Brinsley Heriot on the roll in force for the electoral district of Peninsula?” and hereplied “ Yes ” I then gave him into custody. There are two Heriots; and when the ao? cased came in 1 thought he was the brother of the Mr Heriot whom I knew. I now know that gccqsed is not Richard Brinslev Heriot. I believe Mr Heriot is SQtytft somewhere; I last heard of.him in Invercargill.—By Mr Joyce: Ido not'remember refusing to allow any person to vote, but I know there have been oases. This was the; first case of attempted personation 1 have come across. I did not seize the first opportunity of handing the accused over to the police, I wished, if possible, to get am explanation from hW* but hg nested in saying that he was Heriot. I thopgho • might be making some mistake; 1, there* fore, asked him repeatedly what his name was. I don’t think he was drunk. He gave his answers promptly.—Samuel M. Clark, schoolmaster at Anderson’s Bay, and poll clerk to tbe Returning Officer at the election, corroborated Mr Street’s evidence, adding that when Mr Street put the question about qualification, accused said that his property was at the Tomahawk. In answer to Mr Joyce, witness said accused and a man named Harrison came into the booth very neariy together. Harrison told Mr Street that he did not know his name. So far as witness could judge; Harrison seemed to have accused under his wing. Witness’s impression was, that Harrison was interested in the way p which accpsgd was going to vote. Witness ‘did ndt' J think drunk; he Wai quite steady, nndif hi Wat brought forward to play « part,' he wall qualified to do it,—Constable AhderSqh and St}b-paspeg|ior MaUard depqsed to tbe accused giving his name Kaberij Moore to then); and ih their opinion he was sober. The case for the prosecution haying closed, Mr jpjfee said it depended hip Worship haring any reason* ■ able doubt as tp sending the case for trial as to whether he would call witnesses. If such a doubt existed, he was prepared to prove by one witness, who had known the accused for eight or nine years, that the latter was. considered to be a madman; and by another whe had been with Mr Tolmie on the day of tbe election, that he (the witness) had said he could do what he liked with him. Some years ago the accused had a fall from hia horse in Victoria, from the effects of which.; he remained insensible for six days; and he had been silly ever since, more especially when he was m liquor.—His Worship said it would be for the superior Court to take into consideration whether or not accused was responsible for his actions, A clear case had been made out, and he was compelled to -send it for trial. The accused was ingly committed for trial, but admitted to bail in his own surety of tWf ’ sureties of a similar amount. Tub Andkeson’3 Bxv C4BB.—The hearing of the case against Ueqrge Oafder was adjourned till Tuesday, to allow the defendaat time to instruct counsel.