SUPREME COURT.

Nelson Evening Mail, Volume X, Issue X, 7 January 1875, Page 2

SUPREME COURT.

CIVIL SITTINGS.

[Before his Honor My. Justice Richmond.]

THIS DAY.

Knyvett v. O'Conor. This was an action for false imprisonment, the plaintiff claim ng £500 damages. Def ndant had paid £5 into Court. Mr Feil -appeared for the plaintiff, and Mr Pitt for the deiendant. The jury consis'ed of the fo'lowing gentlemen :— -H. Martin, jun., (Foreman,) D. M'Donald, W. S. Mortimer, C. F. Watts, R. M'Rae, J. W. Saxton, A. Gun-lry, A. S. Collins, R. Levien, G. Talbot, S. H. Pike, E. Everett. Mr Fell, having openod the case for the plain 1 iff, called Hen-y Percy Knyvett, who stated: I have at intervals, for eighteen months been in the employ ot the Government and have long been a res d- nt in Nelson, where my family have resided for many years. From May to August last I waß employed in the superintendence of public works on the Hope Road. I received a claim for payment of wages, which I presented at the Provincial Treasury. I saw the defendant about it, who r. fused paj ment of it. He then put the paper on the counter. I asked him Avhtther 1 was to take that, as a decided answer. He said Yes. I replied, I suppose the paper is no lODger wanted in the office, and I took it up. He tod me I must leave the certificate, but might take the detailed account. I said I would rather keep it myself. He said, I should not. I replied that I would, whereupon he threat en. d to find means to make me give it up. He said he would give me in charge, am would fetch a policemen. I asked whether I should go for one myself, but he did not answer me, and went down stairs. I followed him. I again off ere i to go for a policeman if he wished. At the archway, in si. ht of the Police Station, he called for a policeman. He had no hat on, and I said again I would go for one, as he would get wet, for it was slightly raining. No policeman responded to his call (His Honor: Tho pdice force has been reduced, has it . not?) He went to the S cation, and^ .flowed. He then called ■ _

belong to him, take it from him, I want it." I took it out of my pocket, and the Sergeant took hold of it. I remained in the Station, and •Mr O'Conor went away, after saying " That will do." The Sergeant asked me my name, age, calling, and religion, and wrote fo metaling in a book. About a quarter of an "hour after, defendant was Jgoing past the station, when the Sergeant went out, and. after talking to Mr O'Conor, came back to the room, or six minutes later Mr Shallcrass came in and told me I could ;go. A'together I must have been from twehty minutes to half an honr in charge. Two strangers came in while I waa there. When at the Governmr-nt Buildings Mr O'Conor seemed to me to be in a very excited state. From the »rcliway he railed to a stranger who was near the Police Station, to bnd M'Mynn. I never was charged with any offence in any Court. "' -'- - Cross-examined : I was not in the Government empl >y at the time of the arrest. I was put on the work at the Hope road by Mr Dobaon. I had previou-ly come down -an, June and gone to the Government, to get money for the men. Mr O'Conor Verbally instructed me not to come down again for wages, but to remain overseeing the work Mr Dobson had instruced me to go to Nelson at the end of the fir«t month and make arrangements for my giving orders for the payment of the work. I 1 told Mr Dobson what Mr O'Conor had instructed me, and asked wbat I wos to do, and he said he could not advise me. I came down again because Mr O'Conor had not given Me written' instructions. At the interview, with Mr O'Cjnor he mentioned nothing about the records of the office, nor did he say that he : would submit the document to the Executive. He never said a word to me down stairs. I accompanied him to the Station. I asked him.- two or three timeß whether [ should go frr a policeman, but t c did not answer me. When we got there he told M'Mjnn to tnke rae in charge, and we went in. together. Mr O'Conor told him tri t -kej the , dbcutfien't from me. I took it from my pocket and. held it in my hand, when M'Mynn took it from me I did not separate it from the other papers for the purpose of giving.it to him. Mr O'Conor then taid to M'Mynn, " That will do." I believe I have tod all that occurred, in the Po'ice Station. I never said to; Mr O'Conor, '"' But you have given me in charge." ' I considered that I- wa- not at liberty to leave the Station. Mr O'Conor never said " Oh ! if you want to be given in charge, I'll charge you." I was not searched, nor was I locked up. Ido not suppose .the strangers who came to the Station kriew why I was there. I was in tho Reddenfc Magistrate's Court when judgment was given, and heard that Mr O'C mor was alluded to aa Provincial Treasurer. Isawsom. articles in the Colonist at the time about the affair. [ They were against me. Those in the Evening Mail were in my f.v^r. ,, „ , Re-examittbd': The Sergeant* dit.- not use force in taking, the document. I .considered rhyse'f in the hands of the law and bound to give it up.. When Mr O'Conor said, •• That will do - ,?' > I supposed _it .to .. mean only that he was not to take ahy more papers, aB McMynn told me to remain. ■ - > John George Knyvett: I km plaintiff's brother. I remember on the day of the arrest a messenger coming to me at the i* Masonic Hotel from my brother. Ten minutes previously :I had seen Mr Q'Gdnpr' going with Mr Pitt towards the Government; Buildings. Cror-Srexamintd : I did not think ie strange to BPe Mr O'Conor 4 and Mr Pitt tbgeiher, nor did I form any theory until I heard that my brother was arrested, when I concluded that Mr O'Conor had gone to consult Mr Pitt, • who, finding that he was wiong, had adviEed him to release my brottier This concluded thecase for ( the plaintiff. Mr Pitt, in Vpning tlie oa.e for the defence, remarked upon the weakness of the plaintiff's case in not putting Sergt 'McMynn in the witness box, and said that he should bring forward Mr O'Conor and .he Police Sergt to contradict the plaintiff's statements. . John McMynn: Lain Police; Sergeant. I •remember Mr O'Conor and Mr* Knyvett coming to the station on the 6th October. I waß called and went to the door. Mr O'Conor ►aid, " I wish to give this person in charge for retaining a Government paper." I askei them to come inside, and looked at Mr Mr Knyvett. V\ hen they rame in,, Ia id to Mr Knyvett, "Will you Vive .me.Biiy papers you have." He took some from his pocket, and either handed me one or laid it on the tab'e. I used oo force. Mr O'C nor then said, " If you will give up the paper that is all I require," and added,:; "I don't w.Bh to proceed any further." MrKnyve't replied. " You have given me in charue, let it be to." Knyvett could have left the Station if he had pleased. Mr O'Conor replied, "If you wish to lie given in charge, I will do so " I produce the charge book. The entry I made was aB follows: — 11. P. Knyvett, 33 yeavs of age, Prote_taut, degree of education, No. 2 (that is, able to read and write). No charge was entered, as I wanted to hear further particulars. Mr Knyvett was not searched nor locked up. Cross-examined : After Mr O'Conor siid, I will charge you if you want ik, I considered him in charge. Mr Knyvett left, the Station after being told he might by the Inspector. I saw Mr O'Conor about a quar'er of an hour after at the Station. He asked me for the p per, which I initialled and gave to him. Ashewassoing away, he said he did rot know Mr Knyvett was still there, as he did n t intend him to be detained after he had given up the paper. I did not, upon thaf, consider myself justified in telling him to go. Mr < ('Conor w-nt«wav tothe Government Building?, and afterwards came back again, and I th nk went-into Mr Shallcrass' room. His Honor: You took no charge down? W'tness: No, Sir. His Honor: Never do that again. As a policeman, you perlmps cannot be blamed for not knowing that which gentlemen who .are your sup- riors are ignorant of, but the law puts duties on you from which no one can exon 1 rate you. You must always be careful to have the chirge sp> cifi d, and to enter it. Be more careful for the future E. J. O'Conor: I am P-ovincial Treasurer. The voucher in question was brought to me by Mr Hodgson, tho clerk. On leaving my room I met Mr Knyvett, and asked him how he had made such a claim after my instructions He said he did not acknowledge me in the matter, but was acting onMr Dobson'a aut> ority. After a long conversation which endfid in my tolling him I, should lav the voucher before the Executive, I turnei round to leave, pacing the documents on the counter. As I went to my room I saw him taking up tho documents, and I told him not to do so. He said he would. I replied that the voucher was part of the records of my office, but that ho <ould take away the bill of particulars. His reply va- that he meant to take it, ond he put it in his pocket, and went down stairs. I endeavored to persuade him not to do to, ani, on his peisistinp, said I would go for a policeman He remarked in a jeering tone that he would go ior one himself. He did so several times as he accompanied me to the Station I expostulhted with him two or three times. When we got to the Station tho sergeant oame to the door, and I said that Mr Knyvett had taken a document which he had on his rereon, and I would give him inclnrge if he did not give ie up I saw that he wantel me to give him in charge, and. I determin d not to do so, as all I wantel wa- tho document. I think .1 .aid " I wish to give him iii charge if he doea lipt give up the paper." Tho Sergeant Kvited 'as in, and when inside I told ne Sergeant Mr Knyvett had it in his >ocket. Knyvett then took some papers rom his pocket, and, I believe, handed oue

to the Sergeant. Upon the paper being given up I said «• That is all I want, and I d , not wixh to proceed any further." He replied "But you have given me in charge and that is the way it is." I did not consider I bad given him in charge and I replied in a sneering tone, " If you want me to give you in cha-ge. I'll charge you and M'Mynn will take you." I then left. I returned afterwards to get the paper, and was surprised to see Kny vet t there. I asked the Sergeant what he was doing there, and he replied that Knyvett considered himself in charge. I asked upon what charge, and the Sergeant said he di i not -know, retaining a Government document or something of that kind. I told the Sergeant I did not intend to prosecute him, and I then went t to Mr S'allcras. and tod him the Same, and said I • believed Kny v* tt wanted to be given in charge. Mr Shallcrasß then went ani tod him to go, and he di-i bo. Cross examined : When I first left the Station I went and saw Mr Pitt and told him what had occurred. He dii not advise me, as f AL could not tell him whether Knyvett was in i^|cm_tody or not. The document referred to waa never refused payment. It was never presented to me for payment. This concluded the evidence. The Court then adjourned for half-an-hour, and the counsel on both sides having addressed the jury, the Judge briefly summed up. The jury then retired, and after an absence of twenty minutes, returned witn a verdict for the plaintiff. Damages £100. H s Honor refused the application of Mr Fell to certify for a specialjury on : the .ground that -the additional costs ought not to he indicted on the defendant in a case with which a common jury was perfectly competent to deal. The Court then adjourned until Monday.