POLICE COURT.

Manawatu Herald, Volume XXIX, Issue 3776, 26 October 1907, Page 2

POLICE COURT.

[Before Messrs Thos. Rimmer and F. W. Frankland, f.’s P.] At the local Court yesterday morning H. Coley and Fred Dunn were charged by the pclic*, that on the 21 st October they did use threatening behaviour in a public place within view of passers-by, whereby a breach of the peace was occasioned. Pleas of “not guilty” were entered. From the evidence, it appears that a dispute arose in.reference to a deposit of 2s paid by Dunn to Coley on an order for coal. This led up to strong language, and finally to a rough-and-tumble in a section adjoining the Public Hall, and in the presence of between 30 and 60 people. Counsel for defendants (Messrs Reade and Moore) held that the fracas did not occur in a public place within the meaning of the Act, and therefore the case must be dismissed. In answer to this, Constable Wood said the public used the locality as a right-of-way. Counsel again pointed out that the scene of the disturbance was on private property. It was not denied by the defence that a disturbance had occurred, and the police were justified in bringing the matter into 1 Court. \

The Bench upheld the action of police, but stated that the case must be dismissed on technical grounds. The police could, however, bring forward another action.