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Hawke's Bay Times, Volume XIII, Issue 583, 4 June 1868, Page 2

Yoi.rxxEEU Baxd. —A case of considerable interest was heard at the Resident Magistrate’s Court ou Tuesday, the 2nd dust. It appears that on the previous Frijday and Saturday evening a party or same i live or six young men, styling themselves line *• Napier Volunteer Band,” had promenaded through the streets, playing popular tunes, and on each occasion had been ‘interfered with by the police. On the! :second evening Sergeant Noble attempted |to arrest- the leader of the band, but was ' prevented by the people around. The r.eItion was against 'orgeaut Noble for assault |Mr Lee appeared for the prosecution. The i Court was crowded during the hearing of itlio case. Mr Inspector Scully said that lon the evening of Friday he had given SerIgeant Noble instructions to put a stop to the playing, as there were horses in the street which might be frightened by the music. lie had not intended this to bo a general order, but it bad been taken as such. Sergeant Noble defended himself on the around of having merely obeyed the order of Ins superior officer, and not having used uunecesrary violence. The Resident Magistrate considered that the police had no right to interfere with the baud as long as they were conducting themselves in au orderly manner, but considered that the assault had not been proved and dismissed the case: Mr Lee said his clients had principally wished to have the question of the right of the police to interfere settled. We hear that the band intend claiming damages for one of their instruments alleged to have been injured by the police-.