PUBLICAN AND POLICE.

Wairarapa Daily Times, Volume XIII, Issue 4086, 11 April 1892, Page 2

PUBLICAN AND POLICE .

Obsoonsand Indcsft&t Language . ■ -

In the Masterton R,M. Court this doming, before Messrs W. Lowes, i. Caselheri?, and J. GardinetyJ'sP, ]onslnblo Cashion was charged by idward J. Searl,. licensee ot the Btar loiel, on two separate informations, jL, fith using obscene, and indecent anguage, in contravention of subectioo 28 of-tbe Police Offences Act. Mr Pownall appeared" for the ilaintiff, and' Mr; Beard 'for the lefehdiifit.''• Mr Pownall briefly Btated the ircumsliTnces of the case.'' ~ Edward J. Searli sworn, ajated: I . ememler of Saturday, be 19th MarcbV The defendant on ' hat night came up to my hotel, I 1 »ae- sitting on 1 tli'a corher' of'the erandah -with Cassidy jftni Mr,., iodfrey''. "Some conversation lace, and I; invited the constable to ;o in, This must have been between leven or tweho o'clock at night,. The ' onstable iwheft' be ;cdme;up said some • hing about a raffle going on. I said hero was not.. He replied, a i —liar ; you're a b—scoundrel;-; ind you only, run a : b—- w : h'anty." This; language was rist'd in m. he'main thoroughfare, The,constable vaa standing on the asphalt footpath, ind anyone could hear what he said. , . By Mr : Board The - language was , . lot used all at once, 1 have' a liatihot-recollection''of what was said, Che Constable did not Bpeak to any >ther person.. I had-nothing to say o the defendant, beside asking him ogo inside, I think I told liipi not b'abnsemei' I'was sitting on' the I rerandah smoking when the Constable *- iame up, I had been there about ten j ninutes. Keith#r ■ Casaidy nor - Godfrey opened their'mouths. This rvas the first time any o£ the police' lad been to my house that night. I went away from my hotel between lalfpaßt ten and eleven and returned " ibout eleven o'clock. I waß without ihy hat \Vlien on the verandah. I was smoking a cigarette. I smoke "about.:. ; four packets a day. ' I was sitting between oa6sidy and Godfrey.' The srst expression made use of byOashion - was, " You're a b-- liar," and the second, " You're a h—scoundrel." [ said, " This is fine language and I'll see Mr Pownal about it." I laii? the , information on March 81st, the day ■ after I-received the information for allowing dice to be thrown, in my N x-' : bouse, The reason I did hot liiy information before. was that Mr Pownall advised irie not to stir the mud up first," I have never said I would give £6O to get rid of Constable Casliion, This 1 will : positively Bwear. I have expressed- a desire to get rid of Constable Cashion, but .have never said I would give anything to do so. The .defen* dant was in uniform on the 19th. I knew when Constable Cashion : came up that a raffle, had taken, place, but 1 told him it was hot taking" place then, I did not complain to the Sergeant when he visited my house afterwards of the conduct of Constable; Caßhion, 1 thought if I said a«y*. thing to Sergeant M'Ardlo he soulcS. ; try and gel up a case about the raffle.- ■ ■Mi' Beard here produced a copy :of\, "' »• tlie Waibampa Dailv ' Times. coiw' : taining. a report of :the meeting of the 7 Licensing Bench at which Mr Searl- 1 ' , was asked if. he had said he would give LSO to get rid of Sergeant Hannan and Constable Cushion and replied that he had. Mr Board : Do yon still say yon never offered to give LSO to get rid .. i jfConstable,'Cashipn Hannan ? -• The. witness: I do, You ! oannofc' believe the newspaper reports. Mr Pownall : More particularly! when you know the paper in whioli ,- iV was published. Mr Beard: I'iii not going to enter ; ; into a controversy about the Star and.,',: Times. The witness, croßß-examined by Mr Pownall, said when Constable Cashion ; , left him' he went in 'the 1 ;, direction; ! of ' : ' the Chinamen's garden. fendant lmd told him : he .would fix ' him yet. , By the Bench :. I saw one person pass on the opposite side of the street after Constable Cashion'left. Frederick Franklyn Godfrey, artist, deposed to remembering the night of Saturday,-19th Maroh, Howaß.with' Oassidy and Searl on that night, sit* ting on the verandah,: They .were smoking and talking.... Constablo •, Cashion came up and said; he. heard there was a raffle taking place.'?* Searl denied it, and Cashion replied, " You're a b—— liar. 1 ' Searl invited ' Cashion to go in, but the latter, ro» fused, and said the informant was a> " ii b— scoundrel." He also used other offensive words, which witness could; . bardly remember. Cashion was standing-on the pavement of Queob Street when the language was lised, : Searl did not give Cashion provocation, Witness did not see.any person about when tho language was used. The Constable spoke in the usual way. By Mr Beard: Witness was'sitting on the window till. He could hot say whether and Searl wore sitting. Casiidy was close ;to kim; a but Searl was rather oloser, Caßhion spoke first. The conversation, to the best of his knowledge, took placo ben twoeneleven'ahd twelve o'clock;' ■ Thomas Cassidy, contractor,, da-; posed that- when Cashion came ujp he said a raffle had been going on. Searl roplied that 1 there , had not, whereupon Caahion said 'You're a d ; _ liar." He also said, " You're a d——' v scoundrel." Cashion spoke rather, is')') loudly, ' ■ ' . By Mi Beard: Tho raffle for the gun had taken place before the con<| yorsation with Cashion, When witness went, on to the. verandah Searl wasthero. The' whole three of wero Bitting on tho front of the veran- : i dab. Cashion did not go on to the verandah .whilst was there. The defendant spoke in a loud tone; of voice. !' .; This was the caso for the plaintiff,; Mr Beai-d addressed the Court at some length for the defence. Ho; arged jliat it was quite unnecessary. tor him to', refer to the discrepancies; ,nthe evidence for'the informant. ; Martin Cashion, constable, stationed; in Masterton, sworn; siid: 1 romem-f " jer being at the Star Hotel on the 9th.' It was then about twenty minutes to .wolve. I met a-man named Falls • , ioming out of the Hotel. Falls went ip to his wife who was waiting for lira. I went to the sjde-.dpoirand heard t locked. I said, " Open'the door." ; k.voice replied " I must get the ley." Jot [said" you have the key." Presently^' 3e'arl said" Who's there ?" I replied • you kopw who's there—the police," . There was not a word "of truth in the i itauments made by: Searl, Godfrey ir|flaiißidy. I will positively swear . ,hat I did not have',a word, ef conyer- • ■ lation with Searl oritside ilie hotel., I »ill swear I did not iise' the language illeged, or any similar language. I * vas present at. tho. annual licensing nCeting.' : Mr ■Searl ait that 'meeting idmitted having said he would give S6O to have' Sergeant. 1 Hannan re-"' . ; uoved. . • r

To Mr Pownall: I 'ivill absolutely Bwwir I did not use tbe language stated, to Starle on that or any other night. I nevor used that language to any inan in my life. I will swear I never. spoke, to Godfrey, Cassidy or j -Searlo—separately' or ; . together—on sJQt that nicht. I never on any occasion V< used the languago quoted, to Mr Searlo, nor yet language to ilie same effect. I called him " a hound and a liar" in Johnston 1 ? store, and he richly deserved it, because lie told Mr Johnston J bad said ho (Johnston) made complaints against Seavle's Hotel. I am not in the habit of using insulting languago to anyone, I have a good conduct medal wbioh I can produce. [Left Sitting]