"THREATENEDTO BREAK MY JAW"

NZ Truth, Issue 1262, 6 February 1930, Page 11

"THREATENED TO BREAK MY JAW"

Allegation by Accused Against Constable Who Appeared As Witness

ROMANTIC COMPLICATIONS IN CASE

(From "N.Z. Truth's" Special Dunedin Representative)

:*iiiiiiiiiiiiiuiiiiiiitiiiiiiiiiiiiiiiiiTtiiiitiiiiiiiiiiiiiiMiitjiiiitiiiiiititiiiifniiiitiiiiiiitiiiiiiiiiiiitiitfiiiiiiiiitiiiiiiittiiiiiiiiiiiiiitiiiiiiiiitiiiiiiiiiitiiitiiiiiitiiiiiiiiiiifiiiiiiii tttiiiiiiiiiitiiiiiiiiifiiiiiiti|ittiiiiitiniiiiiiitiMiiiiiiiitiiiiiii!:irtiiitiiiiiitiiiiiiiiiiriiiiiiiiiiiiiiitiiiiiiitiiiiitiiiiiiiitiiii(ifii/fftriiffttfffifitir<iriittiiiitiiiiittiiiiiiiii)ifini^ I Allegations that the local constable did not like him, and that, he had called him "a thief and a blackguard" were § | made m the courthouse at Lawrence by Claude Sutton Manners, when he was charged with lamb-stealing. § | Manners also alleged that Constable McCallum had told him to "get out of Lawrence," and had threatened "to break | j his jaw." . : ' ' | I■ ■ The constable denied the allegations of intimidation. Manners had been friendly with the constable's daughter, and | | the continuance of the acquaintance was objected to by the girl's father. | I Manners was sent for trial on the indictable charge of lamb-stealing, and was convicted on a minor count". * | | When he appeared m the Supreme Court at Dunedin, the Grand Jury brought mno bill. His Honor said a criminal 1 | court i was no place to settle partnership disputes where there was, no fraudulent intent , ' - I

MANNERS was charged with that i on December 23. fee stole five lambs belonging to William MacGregor Dickson, the man with whom it was supposed ,he 'had been m partnership; and also with being m possession of skins without ears and failing to enter m the stock -book all stock slaughtered on his slaughtering premises. \ , - , The ' charge was heard first, Detective W. Roycroft (Dunedin), conducting the case for the police. Mr. H. J. Dixon, S.M., was on .the bench, and Mr. R. S. Fairmaid (Dunedin), appeared, for Manners, who pleaded not guilty. . William MacQregor Dickson stated that he was a farmer residing at Clarke's Flat. In April of last year he purchased a stock- carrying farm from the National Mortgage Company, Ltd. Later, he, bought 100 sheep from the National Mortgage, but aid-not pay for' them at the time..

He first got to know Manners about seven years, ago. In July last, by verbal agreement, he .took Manners, who then was working at Barton & Trengroves (Dunedin), /into partnership m

the farm' and butchery business which was opened at Lawrence under the joint names of "Dickson : & Manners." :. Some time later, Dickson ' said, hR decided that^ th«j business was not giving him a satisfactory return, arid he instructed his solicitor to notify Manners of a dissolution! of

partnership. Detective Roycroft: Did you miss any sheep at allT-^-Yes, the last time I counted them, that was m October at marking time. "In November I asked Manners if he required any lambs for Xmas killing," said Dickson. "He said he did not as he was getting his meat from the freezers ... I was questioned about sheep being missing about the district and if I had seen any skins about. I said I had seen some at the slaughterhouse and yard." Detective Roycroft: Did you ever give accused authority to kill any of your lambs? — No. Did you arrange with the National Mortgage for him to kill any of your lambs? — No. ": Dlcksori went. on to say that on December 23 he visited Dunedin, leaving a man m charge of the farm. While m the city he received a message to say that the man had left the farm, so he returned to Lawrence early on Xmas morning. " Detective Roycroft: Did accused mention to you then that he had killed some of your lambs? — No. THE PARTNERSHIP y Later, at the police station, he examined five lamb skins, three of which he identified as thbse of his own lambß. Cross-examined at length by Mr. Fairmaid, Dickson said that he [ put £170 of his own money into the farm deal, the total price of which was £1550. He denied that his father had .died insolvent, and. claimed that when certain Dunedin property was sold, he would come into a legacy. Mr.. Fairmaid : When you first arranged the partnership with Manners, you said that you were clear of debt? — No/ N . Later he admitted that he' -"might have done." ' ; ■ And the fact, was that you were not cl*ar of debt ? — That's so. s Further questioned, Diokson said that Afrs. and Miss Manners, Mariners and himself had lived together on the farm. The household expenses came out of the proceeds of the butchery business, and accused had helped about the farm. Counsel: You say tKat you have never/ given aocused permission to kill lambs off the farm?— No, I did not' If Mr,s. and Miss Manners say that on more than one occasion they heard you tell Manners he could kill lambs off the farm so long as he paid the National Mortgage, would they be right? — I suppose so. On January 15 you were negotiating with a Mr., Mitchell to purchase the farm, shop, and run as a going concern? — Yes. , And at that time Manners's interests were sufficient to block the deal? —Yes. • . . On December 23 you saw Manners and Kennedy (the shop-assistant), rounding , up the sheep? — Yes, to get out- a wether. ' / . < ' , You, know as well as I do that they were mustering to get five lambs out to kill?— No. ". Where did you stay that night? — At Mr. McCallum's. That's the constable! — Yes., I think you are very friendly with Constable McCallum? — Not very. v Is it not a faot that you. are keeping company with one of his daughters? — Ye^, that's right, but that doesn't say I'm keeping company with him, though. You usually stay there when m Lawrence? — Now and again. TOLD TO WATOH And conversations have taken place between you and the constable. as to the position between you and Manners? — About business, yes. You know Manners is not regarded with feelings of friendliness by Mr. McCallum ?— Yes, not very. In fact, you told Manners the constable was out to get him? — No, I told him to^ watch himself. You've told him the best thing he could do was to get out of Lawrence? — Yes, it would be the best thing for both of us. ■"'-■' Hector Cowie, ■ atook-agent f6r the National Mortgage, residing at Milton, gave evidence regarding Dickeon's purchase of sheep. • "On December 24 I saw two lamb skins m the slaughter-house at Clarke's Flat, and I; recognised them as belonging to Dickson's stock. I called ..at the butcher's shop and <*sked who had been killing lambs. Manners at first said rjo on* had teillsd Uunfea^

from the farm; then after I said I had seen two skins, he said Dickson had killed two lambs." Constable McCallum, stationed at Lawrence, stated that on the morning of December 27, accompanied- by Constable Parkhill, he visited. Manners's butcher's shop. Hanging m the«shop was a lamb carcase which appeared to i have been recently killed. ' The constables entered the back portion of the premises, and on seeing them, Manners allegedly said: "What do you want?" Constable McCallum replied: "We are looking for some stock which is missing m the district." The constable then described the finding of five lamb skins on the prem r ises, m explanation of which Manners I allegedly admitted that they belonged to some of Dickson's lambs which *he (Manners), had killed., ■ ,"He said he had .no authority from Dickson to kill his lambs," alleged the constable; "I asked him why he had not told Dickson he had killed the lambs, and he said he had not had the opportunity as Dickson was away at the time. I told him he had slept* m the /same house as Dickson' on the night of December 26. and that he had been speaking to him on the next morning. He said that at the time he did not think about mentioning the lambs. "Manners then said: 'I admit I could have been more honest- m the matter. Dickson never tells me anything, and I'm not going to tell him.", Manners also allegedly said that he considered, he was still a partner int the business and had a right to kill the lambs so long as he paid the National Mortgage. The constable then related how he took charge of the five pelts which accused placed m a sack. ; McCallum and his companion were away from the shop premises for about a quarter of an hour before a carrier arrived to transport the' skins to the police station. " / , WITHOUT WARRANT. "On taking the skins out of the sack at the station, " said the constable, "I noticed that both ears were missing from two of the skins and a third skin was minus one ear." Mr. Fairmaid: In what capacity did you go into the. back premises of the shop? — To see Manners. Had you any authority or a seardhwarrant? — 1» considered that on the information I had, f had a right. You cpnsider that without a .searchwarrant you had a right to search the premises ?r— Yes. You say that you understood from Dickson that Manners was no longer a partner? — Yes. Did you have Dickson's statement before you went to the premises? — No. Corroborative evidence was given by Constable Thomas William Parkhill. Addressing the bench, Mr. Fairmaid argued that there was no case to answer. Manners, said counsel, considered he was still a partner m the whole concern, and there was evidence to show the existence of that partnership. " Remaining that the evidence showed that Manners had lied to both Constable McCallum and Mr. Cowie, His Worship decided that a prirria facie case had been established, and committed accused for trial at the Supreme Court sessions m Dunedin. Bail was allowed. The evidence,, on the two summary charges was heard conjointly, Manners pleading not guilty. After giving evidence as to finding m alii 25 earless skins on the slaughtering and shop' premises occupied by Mariners and detailing facts concern-

ing the stockbook, m which entries had not been made since September 19, 1929, Constable McCallum w a a subjected to a lively cross-ex-iijnation by defending counsel. Counsel: Manners's suggestion that the' ears might have been; chewed off by dogs or pigs is quite reasonable?

— Yes, but some of the skins showed a clear knife cut. You know that the slaughtering license is m Dickson's name? — Yes. Didn't it seem to you that the party m whose name the license is Invested was the one who should keep the stock-book entries? — It is not for me to say. , • Did it not occur to you that the man who was responsible for the entries m the book was the one who should have been charged? — No, Manners was m charge of the butchery business. You are not very -friendly with Manners, constable? — I have nothing against the boy. Is it a fact that Dickton is keeping company with one of your daughters? — Yes, both of them are. And you have ordered Manners, out of your liouse? — They have both had the hospitality of my house, but I -cer~ tainly will not let my family have anything to do with him when he is thieving! Wasn't it m October last that you told Manners not to come to the house? — I didn't tell him, . he knew it from the family. You had trouble with Manners last Saturday;? — I saw him with a member of my family — I suppose he was getting information for you. . In a telephone conversation about the incident, you told me that you objected to him molesting your daughter? — I might have. Did you call him'a thief, a liar and a blackguard?— l called him what was m my mind. ; ■ Please answer the question— did you call thim a, thief, a liar and a blackguard?—^©. " ; Did you shake your flat at him?— No. ■( I'll give you another chance, constable? — Go. on; you won't frighten me! Is it not a fact that Dickson is a particular friend of yours?. — No. Is it not. a £aot that you have paid

lines ' for lilm, and later claimed 'through his j solicitors? — That's got nothing to do' with this case. Counsel (addressing the court) : It is -obvious that Constable McCallum dislikes Manners, and has gone for him and left Dickson out. Constable McCallum: I was doing my duty — this is only dirt. Counsel (to the constable) : Did you not tell him to get out of Lawrence or you would make it too hot for him? — No. ' " | . On Saturday, did you not say that you wished it was dark and you would hit him on the jaw? — I might have. Have you not told other people to keep away from him because he is* no good? — No. You -are particularly friendly with Dickson ?— No. He frequently stays with you? — Yes, when he is looking for a feed or a bed! Entering the witness-box, Manners, a • small, clean-shaven young, man, said that' when skins were hung on the fence to dry it was quite possible for dogs or pigs to interfere with them. « So far as the stock-book was concerned, 'he had sent away for a new one, but- had been informed by the Stock Inspector that as he (defend-

ant), was not the holder of a slaughtering license he could not be supplied with a book. Mr. Fairmaid: Is there any ill-feel-ing between you and Mr. McCallum? — I know he doesn't like me. The reason is that he objects to your keeping company with his daughter? — I have not the least idea. Then, he objects to you keeping company with any of the family? — I suppose that is it. Did' the constable abuse you last Saturday? — He called me a thief and a blackguard. Did he threaten you ? — He told me to get out of Lawrence as soon as I could. Did he threaten to strike you? — He said he would break my jaw. To Detective Roycroft, Manners said he had been m the butchery trade as a sliop-man for seven years. The notice he received on November 9 was the only intimation he had received regarding a dissolution of partnership with Dickson. \ On the charge of being m possession of earless skins, Manners wa;s convicted and fined £2/10/- with court costs 10/-. On the second charge he was convicted and ordered to pay court costs.