A STREET ROW

Wairarapa Age, Volume XXV, Issue 10713, 18 February 1913, Page 6

A STREET ROW

YOUNG MAN BE FOE E THE CO CRT At the S.M. Court in Mastcrton yesterday morning, before Messrs Eli Smith and John Eraser, J.'sP.., Edward John 13recti was charged (.1) with having used obscene language in Club street, Masterton, on Saturday; and (2) with having resisted Constable Fergusson in the execution of his duty. Accused was represented by Mr\S. J. Moraii, and pleaded not guilty. Constable Fergusson stated that Breen was arguing with another man. and twice used the language, complained of. Witness went up to acciscd, and said lie intended to arrest him. Accused said he was not drunk, but witness said that he was going to arrest him for using ohscen o language, and not for being drunk. Accused then said, "Let me go, and I will walk with you ; don't make a ■show of me." Witness let accused go. and he immediately ran towards Williams street, where witness caught him. A reused resisted again, and witness had to half drag and half carry him to a oab. Accused, in the course of evidence, said he did not remember irking the language complained of. He had beeu to Carterton, and returned by the K. 30 o'clock train. He did not know . it was- Constable Fergusson at first, and the latter was in plain clothes. He ran away at first, hut he did not think he resisted afterwards. The constable had tripped him up twice. John Robert Eunson, labourer, residing at Opaki. stated that he was in Club street when Constahle Fergusson arrested Breen. Witness did not hear accused use the language complained of in the charge. Witness did not know it was a constable, as the latter was in plain clothes. The constable, pounced en Breen and tripped him up. There was no resistance on tbe navt of Breen. Accused struggled ■if first, bnt be did not amieav to know who had hold of him. The trouble started at the back of a b:ll ; ard

Tlio ]?o-Hi <aid clini they «ere of oninion that Hip complained of had been nscd. thoufh there were f<n\- neonle present- at +lio time_ On Hip first cbnr<r<" a fine <>P £2. or in default H 'lays' imprisonment, would ho imposed, and o" tho second clur?" a conviction would- ne entered, and accused ordered to come up for spntpupp wl'pn called upon. John Poberfc was charred with hnvina wilfully <-.bstructed Cr-n----«tahlp Fergus«on in llio execution of his dutr at Mastc'ton. Mr Mrr.".n a.nnparpd for accused, who pleaded not guilty. ■Constable Fergusson • stated that when he was arresting Breen, the accused took hold of witness' arm, and said. "Let him go. and T will look after him." Witness told accrued that he was not arreting Breen for drunkenness. When Breen escaped, accused followed witness up and eausht hold of his arm, and asked him to let Breen go. Witness repeatedly warned accused of his conduct, and told him that (witness) was .1 constable. The trouble originated over a fight at the rear of the billiard room. Accused said that he did not intend to obstruct the constable; he on!v laid, his hand on-the constable'/? shoulder for tho purpose of drawing: his attention to him, as he desired to know what Breen was charged with. He did not know at the time that the man who had hold of Breen wn.i a constable. The Bench held that accused did know who Constable Fergusson was, and what Breen was charged with: they therefore convicted accused and ordered him to come up for sentence when called upon.