"I FEAR INJUSTICE”

Sun (Auckland), Volume 1, Issue 27, 23 April 1927, Page 9

"I FEAR INJUSTICE”

MAN AND MAGISTRATE EX-DETECTIVE CHARGED DISORDERLY CONDUCT (From Our Own Correspondent.) DUNEDIX, Friday. | °l fear I will not get justice from you,*' said John Frederick Ham- ' merley, ex-detective in the New Zealand Police, in making applica- 1 tion to Mr. H. W. Bundle, S.<M., that a case, disorderly behaviour, against him should be heard by another magistrate. A fortnight ago he was charged with behaving in a disorderly manner in North-East Valley on February 25. Asking for an adjournment. and asked his reason by the magistrate, Mr. H. TV. Bundle, he adv anced one reason \ that his only witness was absent in j Australia. WANTED ANOTHER MAGISTRATE “Then,” said he. “I must object to your Worship hearing the case.” The magistrate: On what grounds? Ham merley: In view of your previous decisions, which were against me, I have a fear that I will not get justice from you. His Worship: What you say does not carry much weight. Hammerley: Perhaps not —with you! Mr. Bundle: The case will be heard by me. It can stand down till later. Hammerley left the court with some muttered remark, and when the case was called again he did not appear. It was heard in his absence. Herbert Gabriel Hodges gave evidence, telling how, in his car, he passed Hammerley’s car on the road. When he reached his home and pulled up, defendant also pnlled up and seemed annoyed that witness passed him with his car. They had an argument, which closed with the defendant hitting him on the back of the neck and knocking him down. CONVICTED AND FINED His engine then stopping, Hammerley took up a cranking handle and told them all to go away, else he would baste their brains out. He chased witness, but finally went away, “jabbering as if he were mad,” and shouting that he was “John Hammerley.” Evidence in support was given biMyrtle Mary Hall and Eliza Elinor Hall, the latter stating that Hammerley shouted “I am a desperate man when I’m roused. Keep away from me! ” Sub-Inspector Fahey said he did not that the defendant was really responsible for what he did. Hammerley was fined £ 3 and costs totalling £ 2 9s. “ANTAGONISM AND HOSTILITY” This afternoon he made application for a rehearing. In his affidavit, he set out among other things that he objected to Mr. Bundle taking the case, but that he had no objection to Mr. H. J. Dixon, S.M., taking it, as lie was of the opinion that Mr. Bundle showed antagonism and hostility toward him in ordering the affidavit to be struck off the file. Mr. Bundle said: “You may consider yourself fortunate that you are not charged with contempt of court on this affidavit.” Hammerley: I have already been charged with that at your dictation, and served 4S hours at your command. The application was adjourned till May 6.