THE MCMINN CASE.

Horowhenua Chronicle, 26 April 1910, Page 2

THE MCMINN CASE.

DEFENDANT, FINED £.0. fVKn PRESS ASSOCIATION.] ( P ALMEKSTON N., This Day. Giving judgment this morning in blm rase against A. F. McMinn, for assaulting 11. E. Laybourne by covering him with a revolver anil representing himself to be Pawelka, .Mr Thompson, S.M., said a constable was justified in using firearms to effect arrest, but a private person bad no such right. Jib had bee.ll admitted by defendant's counsel that McMinn covered Lnlbourne "'itli a revolver and ordered him to stop. This was a very serious matter and might easily have led to grave consequences. On the evidence, the Magistrate said he was not satisfied 'that the accused represented himself as Pawelka, and! remarked that possibly there had been a misunderstanding between the parties. The conduct of the accused before and after the incident seemed to him to he altogether opposed to the idea of masquerading Pawelka. The evidence showed (that °'ii that day the accused was out looking for Pawelka with the approval of the police, and that McM inn's whole conduct was in accordance with the fact that he was searching for the fugitive. — The accused was convicted of asbut without the element of impersonation."' ' buiyY 'ise of firearms, said the Magistrate, as .admitted, was serious, and while renoiv.ising that there had bftpn recent occurrences which justified approved searchers, iit must 'be rrnde nlni.n that firpsirms w?re to he or even threatened to b<> used. Defendant was fined £5,