MAGISTRATES’ COURTS.

Globe, Volume IX, Issue 1341, 1 June 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Saturday, June 1. (Before John Anderson and Fred. Hobbs, Esqs., J.P.’s) Obstructing the Police.— Q-eorge Cone was charged with obstructing Constable McDavitt in the execution of his duty. Hugh Vallance was charged with being drunk and disorderly while in charge of a horse. He was also charged with assaulting Constable McDavitt in the execution of b>'s duty. Mr Slater appeared for the accused. Inspector Hickson conducted the prosecution. John Brooks deposed that about four o’clock he was driving a cart and horse through Cathedral square. The defendants were coming from the Post office, when Vallance’s horse swerved and came into collision with the shaft of the cart. There was plenty of room for the defendants to pass. From the excited state defendants were in, witness would say they had had a little too much to drink. Vallance got on to his horse after it was released, and would not dismount. Witness saw him draw a sword. To Mr Slater— They were near the footpath, and not coming at a rapid rate. My horse was struck on the off side. Some one wished to undo the girths, and Vallance objected. I considered him obstinate. The wound was under the saddle flap along the side. I did not get out of the trap, Vallance would not get off the horse. There was a lot of people about. They tried to persuade him to get off. I could not say that any laid hands upon him. I went away immediately the horse was released. I did not see defendant taken in charge. The mob were hooting when I left. The accident took place at Hobbs’ corner. I was going at about five or six miles an hour. Gfeorge (3-eddes deposed that he saw defendants arrested. They had ridden fast along the street, and came into collision with a trap. Vallance tried to extricate the horse, which had a wound of considerable extent. The people laid hold of him and got him off the horse. He mounted again and drew his sword against the constable. The defendant Cone ordered Vallance to remount his horse. Witness saw the occurrence from the passage of Radcliffe’s Hotel. Several called out, “ Take the horse to a veterinary surgeon.” As soon as he had refastened the girths, he mounted again and tried to ride away, but the crowd prevented him. To Mr Slater—Both men looked as if they were drunk. No sober man would act as they did I never had an accident of that kind, nor had to treat wounds of the kind. The crowd wanted to loosen the girths, which helped to keep the shaft in the horse’s side. Vallance would not get off until the shaft was takep out. I think the crowd i n off the horse. I saw a_ e come down, the air, but I * h orso whe n they T had hoW . , r h ea rd Cone were taKen in x , say he was the sergeant m chaig , < gee ordered the man to mount. dehim do anything. Wnliam jv Vallance to posed to Cone’s having ( °Js( w i n g his sword, remount, and to Valiancy had had a little Both men, he CO£ie tablo away. To drink, (Done pv'

Mr Slater—l heard Cone say it would be better to keep the girth tight. I heard a gentleman say to Sergeant Hughes, “ Take that man in charge.” I don’t know that the gentleman is on the Bench. (Mr Anderson said Mr Pilliet was the gentleman alluded to. Though on the Bench, he was taking no part in hearing the case, being only in attendance as a witness.) I saw some one push Yallance’s leg up as if to unhorse him. That was the time when he drew liis sword. Cone pushed the people on one side. I don’t know that he pushed the constable more than anyone else. Robert Davis deposed that he had seen the occurrence from Mr Hobbs’ shop. Yallance’s horse commenced curvetting, and came into collision with Mr Brooks’ cart. The cart went round two or three times in consequence of the attempts of the horse to get away. Yallance refused, to dismount. People got round him, shouting and hooting. Everybody seemed to be mad. Both men seemed sober, but very much excited. A sword was drawn. There was a lot of heavy swearing. Some one in the mob laid hold of Yallance. He did not see defendant hustle the police. To Mr Slater —They were jumping about, just curvetting at what I call a moderate gallop. My own opinion is that they had been having liquor. I had had some liquor between two and four. I could not say that I was competent to judge of their condition. Henry West deposed that he had endeavored to induce Yallance to get off, but he refused, and dug his spur into witness’s hand. Witness then tried to throw him off, Vallance then took out his swerd. Sergeant Cone prevented the constable from arresting Yallance, by pushing him away. Yallance was drunk, and the sergeant was not much better. To Mr Slater—l was sober. I asked Yallance to get off, and said I would put the saddle into a cab, and take the horse to a veterinary surgeon. Vallance was to blame, not the mob. The sergeant, if he was not drunk, used very bad discretion. He walked straight enough to the lock-up ; the other staggered a little. It was not Vallance’s fault that he did not strike me with his sword. He would have struck the constables rather than me. I don’t know who took the wounded horse away. Fuller took the sergeant’s horse. When the bystanders called out “ take off the saddle,” Vallance objected. The crowdsome of them—called out “ cut him off.” Mr Walker gave simHar evidence. Constable McDavitt deposed to the same facts, and to his being pushed aside by Cone. Cone pushed him back twice. Witness was in uniform and on duty. Vallance was drunk; Cone was excited, but not drunk. When Yallance drew his sword witness drew back. Vallance might have struck him otherwise. To Mr Slater— The crowd became excited when they saw Yallance’s cruelty, and urged me not to allow him to ride away. Cone tried to get Yallance off. Mr Pilliet told me he was a magistrate, and ordered me to arrest both men. I would have arrested Yallance myself. He was not capable of taking care of himself or his horse, I remember you coining round to the watch-house at about twenty minutes past four. Vallance was much recovered then, but still was drunk. Sergeant Cone might have had a little drink, Mr Slater here objected to Mr| Pilliet speaking to the Bench. Mr Pilliet deprecated such impertinent reflections upon the Bench. The chairman and Mr Hobbs assured Mr Slater that Mr Pilliet’s observation had nothing to do with influencing the Bench. An explanation was made by the inspector as to the course he had taken in the matter of bail, and as to the i attendance of Mr Pilliet in Court, which was at his (the inspector’s request). Constable McDavitt, cross-examined by Mr SlaterCone’s assault on me was not a serious one. Yallance was sober enough to dismount im« ; mediately the sergeant ordered him. To , Inspector Hickson —I should have arrested Yallance if Mr Pilliet had not ordered me. I should have arrested Cone for molesting me. Constable Johnson and Sergeant Hughes assisted me. Vallance, on the way to the watch house, said it took two constables to take one soldier. It did not take three constables. Mr i Pilliet deposed that the crowd was composed of respectable citizens, who were very much infuriated. He saw a sword flourished in the : air by a mounted trooper. Several respecti able men asked witness to interfere, as the constable, the last witness, was neglecting his [ duty. Witness saw the wound in the horse, i and, as there was imminent danger of a breach ; of the peace, said to the constable “ Why don’t you do your duty, and arrest those i men.” Sergeant Hughes came up, and witness repeated the observation to him. , The constable then attempted to arrest the men. Sergeant Cone had entirely lost his self-control; the other man was very drunk. The flashing of the sword infuriated ' the crowd. To Mr Slater—Before the sword ’ went up the people cried “ shame” when they saw the horse suffering from so terrible a ’ wound and the man persisting in riding it. Cone I think was worse than drunk. He was certainly unfit to be in command of another man. When the second constable came the sergeant adopted quite a different tone, and there was no more resistance. The crowd were veiy nearly uamg violence when they found the constable did not arrest the trooper. There would have been a very serious breach of the peace if the trooper had not been arrested. It would have been a kindness to arrest them, even if they had been in the right. The constable had hold of the bridle, and wanted the man to come off. I did not see the witness West there. I can tell you that Mr Hobbs, Mr Sheath, and the editor of the “ Canterbmy Times ” were there. It was not a mob, but respectable citizens who were disgusted at seeing a man in uniform persisting in riding a horse which was suffering from such a wound. To Inspector Hickson— The constable was alone. I thought he was not doing bis duly. I did not think it prudent for one man to arrest two men in uniform, because the people would harp assisted the men. He was using mild terms to the defendant Yallance.] [At this stage Mr L. Walker took a seat upon the Bench.] Leslie Radcliffe corroborated the evidence already given. Sergeant Hughes gave similar evidence. Mr Slater called for the defence, Sergeant Cone, who deposed as follows— Yesterday about four o’clock we went to M’llett’s for our horses, and were jogging along towards the railway station. Opposite Mr Hobbs’ there were several conveyances, and we went to the left. The consequence was that the shaft of a cari ran into Yailance’s horse. I got off and held the horse close to the shaft to prevent the wound becoming worse. The crowd wished to remove the saddle, but we both insisted on its being kept fastened, as but for it the shaft would have ripped the horse right up. This excited the crowd. I considered I did no more than my duty. My idea wev to take the horses straight to the stable. It would have been attended to much quicker than it was. I never struck the constable. I was never drunk in my life. We were both excited, so anyone would have been. The impediment in Mr Yallance’s speech makes him appear more excited. He drew the sword at West, not at the constable. I considered we were at liberty when Yallance dismounted. A gentleman who seemed to have great authority ordered our arrest. I walked quietly after the first. About twenty or thHy had hold of Yallance, and I thought they wor’d tear him to pieces. There was nothing to blame either of us for. I have been accustomed to horses all my life, and consider keeptog the saddle on saved the horse’s life. I saw \l est attempt to throw Yallance over the horse. The latter could not have been very drunk, or he could not have kept his seat. To Inspector Hickson —I consider the horse would not have been hurt by its being ridden back to the stables. I may hare said that no one could dismount Vallance but me. t considered I had a right to push the comtcWc aside when I had given rnypnmmy' to order Radcliffe told and I did so. That vt y;“ c “ ended the affa’>. To Mr vr 11 —The man was not on the horse more than a mimite before he got off again Iho shaft released from the horse about a i dr so from where I was arrested. Mr xfobbs—Evidence is given contrary to fact. According to my own knowledge at least live minutes elapsed. The man was arrested in the middle of the square which was fer more than a chain from the iron post. Detective Benjamin deposed that the defendant’s were perfectly eober at Iwemy

iigii i m i -~ihi m a■■ * minutes to four. Mr Cone was a highly respected resident at Rangiora. To the Bench —At the City Hotel Tallanoe drank whisky and peppermint, Cone drank whisky. Mr Slater deposed to haring gone to the depot immediately after the arrest of the defendants, at twenty-minutes past four. Both men were perfectly sober. To Mr HicksonCone was not in the slightest degree excited, the other man was excited. Mr Ivory gave evidence to show that the matter would have passed off all right but for the officiousness of some persons. Mr Robinson gave similar evidence, and stated that in his opinion the constable (McDavitt) had acted extremely well. He thought that some of the crowd should have been arrested. Had he been in Vallanco’s place he was afraid he should not only hare drawn the sword, but used it. Mr Millett deposed that both defendants (when leaving his stables were perfectly sober. He had seen the horse while being attended by Mr Hill. Mr Hill was of opinion that riding it would not have hurt the animal. It would have been absurd to remove the saddle until the shaft was out of the wound. To Mr Hickson—The horse could have been ridden twenty miles with such a wound. To the Bench—Mr Hill told me the wound was not of much consequence, and would be healed in a few days. The Inspector said ho could bring rebutting evidence as to the intoxication of Yallance. The Bench did not think it necessary to hear further evidence on that point. Mr Wearing called for the defence, stated that the defendants had had a small “ of whisky with him between half-past three'and four. They were perfectly sober and refused to have another glass. Mr Slater addressed the Bench for the defence, after which the Justices retired for five minutes. Upon their return, the Chairman stated that the Bench regretted that they had been compelled to a decision adverse to both defendants. The defendant Cone would be fined 20s and Yallance 40s. .