CITY POLICE COURT

Otago Daily Times, Issue 17689, 29 July 1919, Page 2

CITY POLICE COURT

Mondat, July 28. (Before Mr J. R. Bartholomew, S M) Drunkenness.—A first offender was fined fir',,. 111 deia!alt * 8 hours' imprisonment.— William Bruce was fined 10s, or 4S hours' imprisonment. Maintenance.—Albert Edward Morris, for whom Mr Irwin appeared, was proceeded against for the disobedience of a maintenance order for the support of an' illegitimate child. Mr Neill appeared for the complainant. The defendant had applied for cancellation of the order on the ground that it was obtained by evidence which amounted to perjury during his absence on active service, and the magistrate had reserved his decision.—ln refusing the application, his Worship said that the correspondence showed that the young man had been guilty of the most despicable conduct and meanness, and bis letters proved that he had been lying to the girl. It was for tunate that she had kept them. His own letters condemned him so utterly that he (the magistrate) had no hesitation in refusing the application.—The letters were impounded. Complainant was allowed wit-f-rV? 6 !?! C (14s M) ' and solicitor's fee (hi 3s). The settlement of arrears was adjourned for a fortnight, pending payment from the Defence authorities. AV^w*. 01 ? Warren (Mr Hanlcm) pleaded not guilty to a charge of unlawfully assaulting Robert Richardson. —Robert Richardson said that on July 19 m company with three other all returned soldiers—he viewed the nrocession from the Victoria Hotel, at the corner of Cumberland and St Andrew streets Alter the procession they met one of tho exhibited carta in St Andrew street and one ot his mates stopped ic As soon as that happened the accused oame from behind aim and assaulted him very severely Ho Struck witness on the jaw, and smashed all .his false teeth. Witness was unconscious for some tame. The accused was not associated wzth the cart in any way .-To Mr Hanlon: All witness's friends appeared to b e sober, and he had not had a drink that day Witness did not see'any of his friends rush the old man in charge of the cart, but it was quite possible that it might have happenecL-br Evans gave evidence that he found the complainant suffering from the eliects of concussion of the brain The left eye was blackened, there was a cut an inch long on the chra. and lesser injuries to the right ear, left cheek, and upper lip. Complainant was in bed for a week, and it woud be a while yet before the swelling SLn t W6nt d °T?- Witness did not smell . alcohol about him.-Thomas tfitzpatrick , n .hiai evidence, explained that the four of them tried to get the driver of the cart to stop and go back to town and have a little fun. Richardson did not interfere Wit £? Baw the accused stake Richardson. They did not attempt to . take to the old man." After the affair the accused made off, and they ran after him and held him while one got tho police.-Edward Fitapatrick also gave evi dence-Mr Hanlon said the circumstances were that Mr Scurr,. who was dressed upls an old man, was driving a cart which four ' M S n took P«*<*sic>n of. When he endeavoured to get them off thev went at mm with their fiste, and <ie owed thinking that he was redly m oW man, stepped in between them and dealt t blow which, put an end to what Cght have been a serious disturbance. It wVqSte all. right that .returned soldier* Should ret oeive some consideration, but thev had to understand that they must abide by the kw like other people. It did not follow, because they were wearing uniform that they could take charge of things as they liked. Several people would say that they were all more or. less under the influence of liquor. It the witnesses expected the magistrate to believe that the accused struck Richardson from behind for no reason at all they expected him to believe a great deal—David Scurr said he was driving the front trap in the "cart before the horse" exhibition. While ' returning after the procession, witness noticed that the second cart had stopped, so he went back to see what was happening One soldier had hold of the horse's head' andl others, were hanging on to the back! Witness told the fellow to let go, but he refused, so witness broke his fingers off his and told the driver to "go for his life/' Then he went -round and pulled four soldiers off the wheels and axle 3, and they then came at him in a fighting attitude. Witness pushed one assailant off, and then when he turned round he saw someone won bis face. Th.* waa the end of the fight There were seven or eight soldiers all told, and probably five or six took an active part in the affair.—Walter Woods and Alfred Boyes also gave evidence for the defence.—Geo. William Crawford swore that the man who received tho blow was one whom witness saw strike Scurr a blow.—George Woodlands said that he walked away with the accused after the occurrence. The soldiers overtook them and wanted the accused to go to tho police station, but witness advised him to return to Mr Scurr's place, where they waited till the.police arrived.—The Magistrate said he did not think there was much doubt about the inception of the episode. A number of soldiers evidently rushed Jio turnout with tho objeot of commandeering it, and when Sourr tried to get them away they rushed him. At the stage when the accused took a hand, however, he vras not justified in interfering with the degree of violence that ho used. At the same time ho (the magistrate) would like to say that there was only one law for all, and license would not be tolerated. Returned soldiera were not justified in mdulging in unrestrained license, and the law would be firmly adrainistered to all parties. It was unfortunate that the blow bad such serious consequences,' but "ho would have to deal with the case a serious assault—Tho accused would be fined £5, and ordered to pay medical expenses (£1 Is). Tho Magistrate remarked that he did not think the witnesses wore entitled to expenses. A week was allowed for payment Breach of Prohibition Order.—Alfred RiddelL who pleaded guilty to being found

on licensed premises during the currency of a prohibition order, was convicted and ordered to come up for sentence when called upon. Theft of Saddle.—Robert Roberts (Mr Moore) pleaded guilty to the theft of a saddle, valued at 30s, the property of Henry Alexander.—Chief Detective Bishop explained that the accused asked the complainant to lend him a saddle, which he sold, while under the influence of liquor, f or' 12s 6d. The complainant had never hoard or seen of him since.—Mr Moore said that the accused was a married man with two children. He was willing to take out a prohibition order, and his wife was anxious that he should be <riven a chance.— The accused was convicted and ordered to come up for sentence if called upon within 12 months, on condition that he repaid the amount ft2s 6d) within seven days. A prohibition order waa issued against him Motor By-laws.—Walter M. Connor pleaded guilty to carrying a passenger on a eolo motor cycle.—The ' defendant, who said he was not aware he was committing an offence, was ordered to pay costs (76). An Indictable Offence.—George Ewing Garland (Mr Hanlon) was charged, on remand, with stealing from the person of James William Ohallis a wallet, containing, a postal note and some money, all of a total value of £10 0s Bd.->Jam«j Wflliam Chollis said he remembered coming into town on July 18. He had £21 then. On Saturday, after the processiqn passed, Garland, Lawrence, Sharky, and himself went up to tho Arcade, where they left Garland. The rest went round to tho back of the Metropolitan Hotel. Witness did not remember any more . after that, as he had collated, having had a fair amount of drink. He .thought he. bad about £12 in his wallet then.—Arthur John Sharky said he left the others at the hotel, and went away to get a cab in which to remove Ohallis, who was very drunk. When he returned he saw, a man. who was holding ChalhVs waßet, tase eome money from ft and pay the cabman. The man handed witness the wallet as he was getting into the cab with Chains, and witness handed it over to the proprietress of the Citv Bnffet where ChaJßs was staying.—To "Mr Hanlon: Witness did not know the man who had toe wallet, but it was not the accused Another man finally got a cab.—Frederick Victor Pistor said he noticed a man hdng on the ground at the end of the right-of-wav beside the Metropolitan Hotel. Sharky and the accused were also there. The accused asked witness to hehj> him to carry Challis away, but witness suggested getting a cab. When he asked Challis if he had money to pay for it, Challis eaid be had not, as Bomeone had taken it oway. Witness suggested searching those present, and Chalhfi then pointed to Garland. Witness said. 'I am going to search you,* and Garland replied, "Til fight yon before yoa da Witness found Ohallis's wallet in th® accused s pocket. He paid the cabman from it, and then garve it to Sharky, who accompanied Challis in the cab. Subsequently ho reported the matter to Detective Hall to whom he eventually handed tile wallet and money.—To Mr Hanlon: Sharky saw witness taking the wallet from accused, and |U could see him counting tho money, Sharky had the money while witness wont i? r n a * rcrD K*er-—Detective Hall said that the accused, m answer to Questions, denied that anyone had taken Challis e wallet from him.—Tho accused who reserved his defence, waa committed to tbo Supreme Court for trial Bail woa allowed as befoio—eelf in £100 and Isro stnvtie6 of £50.

Serious Chargea.—William Edward (331lespio _ was charged, on remand, with at. tempting to carnally know a girl over 13 years of age and under 16. William Andrew Boyoe Pledger and Walter George Perry wore also charged, on remand, wf& m . decently assaulting the same girl.—Mr Hanlon "appeared for all the accused —.The Trewristrato ordered .{he conrt to be cleared, and prohibited the pwbUcation of evidence — The accused, all of whom reserved their defence, were committed to £he Sra)rem© Court for trial. The same bail was allowed as previously— each in £50 (or parents' bona for that amount) and one surety of