RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXXI, Issue 2509, 9 August 1888, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

Wednesday. — (Refcjre Capt. Jnckson, K.M., and Isaac Ooates, Esq., J.P.) civil casks. Waikato Dairy Company, (Ln.) v. T. Dawson.—Claim, £118s 3d, for Roods supplied. Mr Hay for plaintiff. Mr A. Swarbrick, Managing Director of the Company, gave evidence. Judgment for plaintiff, but as on argument ensued between counsel and the court as regards costs, in view of a recent'decision of Judge Gillies, the Court resei ved the award of costs in the case. Thero were a few other debt cases heard. CRIMINAL. Samuel G. Goombes was charged by Constable Murray with being drunk and disorderly on 28th July, at Hamilton East. Mr O'Neill appeared for defendant. Sergt. McGrath prosecuted, and stated the case for the police. Robt. Petty, sworn, stated ho was present'with the Salvation Army that evening. The accused was shouting and clapping his hands. The accused was in a state of liquor at the lime. From what he knew of him, did not think the accused would behave so if sober. James Allen deposed : I was at Hamilton Bast on 2Sth July last, with numbers ijf others. Saw accused there. Heard him singing to the tune of the Salvation Army song, but not same words. Ho was singing whilst the Salvationists were kneeling down. He was under influence of drink. By Mr O'Neill: I think he stopped singing when tlin Army suddenly knelt down. Cannot swear he was drunk. By the Court: Did not see him stagger. He was singing "Aβ we go marching through Georgia." This. Kllis, Lieut, of the Salvation Army, sworn, said they were holding a. meeting at Hamilton East, and had five torches). S;nv accused. Ho was apparently drunk, and acting in a disoiderly manner. He was singing one of our tunes, and defendant struck up a similar air in an eNcited manner. He was throwing his arms about and shouting, whilst we were kneeling in prayer. By Mr O'Neill: I was inside the ring. I led the singing. Accused was about five or six yards from me. I can swear he was drunk. If a man drinks one glass of beer he is drunk. He did not stop singing immediately we began praying, did not stop until Constable Murray spoke to him. We do not monopolise the streets. Other people can sing in the streets. We did not hold our meeting before the public house to interfere with their business. Our object is to draw pe.iple from evil and induce them to come to our: Home. By the Court: Accused was walking like a man under the influence of drink. There are several stages of drunkenness. Accused was in that stage he did not know how to behave himself. Constable Murray deposed:— I was near the Royal Hotel on the night of the 2Sth July. The Salvation Army began their open-air meeting. Defendant came over, with others, from the hotel. Accused was most decidedly drunk. He had bis hat off, and was throwing his hands over his head, clapping his hands, singing in a loud voice, and walking round th« ring. Warned him. He than began another song. Before laying the information accused said te him, "You have not had any previous complaints against me, and if it had not been for too much beer in me I would not have done it." He said the lark originated' in the hotel, where he was drinking with others, one of them said to him '"You are ; not game to go out and have a lark with the Army." So he went out and began singing. This was a voluntary statement,. If he had not stopped when ho did, I would have arrested him. The Constable.said the police had no prejudice against accused, did not even wish a fine inflicted, but they wished to put a stop to certain conduct'in' Hamilton East, which wae going on now too far. By Mr O'Neill: Before the accused came out of the hotel, there was another crowd in another part of the street,' behaving in a very improper.manner, shouting and hooting, etc, I went to them aud warned them to desist, or I would bring a case before the Court. to test iwhether they could disturb the place n that manner. They ceased at once. Coombes' whole conduct was disorderly. There was no one present when he made his statement to me. I had not yet laid the information. He told me he would plead guilty. Did not tell him this would be a test case. By the Court: He did not walk steadily. The Salvationists were being disturbed. They have never complained to the police. After the dinner adjournment. the caso for the defence was taken. T. C. Hammond and W. Manning gave evidence but would, not swear the accused was not drunk. The former was warned by Sergeant McGrath that an affirmation was as binding as an oath. The latter admitted he had on a former occasion been ordered out of a Salvation meeting. The Court dismissed the information but cavtioned the accused and the public that they must not interfere with the proceedings of the Salvationists.. '