MAGISTRATE'S COURT.

Taranaki Daily News, Volume LIV, Issue 161, 6 January 1912, Page 7

MAGISTRATE'S COURT.

IMPROPERLY LOITERING. J««. Ilorder Shepperd', of Vogeltown, appeared before Messrs D. Berry-and-J. P.- Eustace, J.P.'s, yesterday, charged with improperly loitering so as to impede the traffic on the footpath in- New Plymouth on the evening of December '3O. Senior-Sergeant Dart explained that Constable Egan had requested him to move on, and he refused. The Sergeant said that three or four persons standing together on the footpath would not* constitute an obstruction at ordinary times, but when the street was thronged it became necessary to ask people to move on so that those passing would have a share of the path. He gave evidence of the condition of the crowd and pathway and the instructions issued to the constable. ' . ' Constable Egan stated that he asked the defendant in a civil manner to move . on when in front, of, Avery's shop, and he refused, saying he would not move for any arm of the law. When the constable; " asked,him a second time, he said he would'go when he was ready. After that he asked for his name and address. I The constable pointed out that two other i men who were asked at the same time to *' move on did so. Later in the. evening) 5' when the constable wa,s in plain clothes, ! the defendant went up to him, and want- ! Ed to bet him his hat to the constable's , | s"hako that he (the policeman) would I lose the case in Court, as he knew the ( | Magistrate, and it was no use bringing I him before him. I The defendant, who conducted his own j case, said he eould not help thinking .there was personal feeling in the matter, and that it was a trumped-up case, '' because he did not retreat when asked. | It was an interference with the rights of the people. They eould not wait out- ( ! side a shop till their families came out • after shopping. He denied loitering or { impeding the traffic in any way. , Mrs. Shepperd gave evidence to the ' effect that she and her daughter were j in Avery's shop on the night in question. , After, she ■came: out," she heard her hus- ' band say to a. policeman in private j clothes, "Move off t,he footpath." She . could not,say What happened when she I was in the shop; She.'had gone into the J shop to pay for a Bible.: ( ; : Mrs. Ajdridge ssiid she heard the con- I stable ask defendant for his name. There j . w,as,no crowd in the street at the time, ;'.oitil-y half-a-dozen people in front of:;the I shop. '•:..,. .' . ■ j .Walter LougMart gave evidence, and < also related'about Mrs. Shepperd going I into Avery's in connection with the pur- j chase of a Bible. He was in the street. The constable asked him to move on, and ) he did so. There were only a few people about at the time, and no difficulty caused through his standing there. He heard the constable ask * the defendant his name. There were five of them there at the time, fie heard defendant say he was not going to move. on. The .Bench contended that the defend.- • ant was standing in* the street at the time stated by the constable. The latter did his duty in asking him to move on, and the defendant should bave complied • with the request. He would be convicted and -lined 10s and costs 7s. The defendant asked if he had the right to appeal, as the decision was contrary to fact and evidence. ~ It was pointed out that he could claim an appeal on law, but not on facts.