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VAGRANCY CHARGE

ADJOURNMENT GRANTED

REQUEST BY DEFENCE

An application for an adjournment of the case in which John Augustus Jeanes, a butcher and labourer, aged 30, was charged with. being : idle and disorderly in that, he: Habitually consorted with reputed thieves, was made by his counsel (Mr. Hardie Boys) to Mr. W. F. Stilwell, S.M., in the Magistrate's Court today. ' Counsel suggested that it would be more to the Court's convenience- if accused was given sufficient particulars of the charge against him of habitually consorting. He had written to the police stating that the accused desired to be informed of the' names of .the persons with whom he was alleged to have consorted, but the request had not been acceded to. The Magistrate granted counsel's application, and the accused was remanded until July 4.<

Mr. Boys entered a plea of not guilty on behalf of his client, and asked for a remand, as he was entirely unready to go on with the case. The position was that for several years accused had been prosecuted by the police several times on different charges, and had been acquitted on every occasion except one. Since .these charges he had been a relief worker on sustenance. He had been arrested on the Saturday before last. •

• Counsel said he had .written to the police stating that his client desired to be informed ol the names of the per- j sons with whom he was alleged to have consorted, and that without this information the defence would be embarrassed. The reply had been that the request could not be acceded to, and therefore counsel had found it necessary to apply for-an .adjournment. Counsel submitted that it would be more to the Court's convenience if sufficient particulars of, the charge were given instead of the names coming out in evidence. He understood that nine detectives were to give evidence on the charge. Detective-Sergeant L. \ Revell said that the accused had been arrested on Saturday week and had had ample time to instruct his counsel. The Inspector of Police probably took into consideration in. his reply the provisions of the case O'Connor v. Johnson. This was on all fours with the present case, and the Supreme Court had,, upheld the Magistrate's decision that ' the names need not be given. ' ENTITLED XO INFORMATION. The Magistrate said he agreed entirely with the decision that it was not essential for the names to be given. "This appears 1o me to be a case where the activities of the accused are going to be reviewed in considerable detail" he said. "The case is one m which on -broad grounds some degree of fairness should be extended to him. I have no power to force the police to do this, but I think it would be of decided assistance in thrashing out the matter. I think that accused is entitled to some information as to the grounds of the charge of habitual consorting. The police may see fit to fall in'with my suggestion, but I have no power to order it. Apart from that, I think that I am justified in granting counsel's application for an adjournment." Detective-Sergeant Revell said that if the names were supplied they would be names with- which the accused was quite familiar. "He knows exactly with whom he is charged with consorting,' he said. The Magistrate: There may be a great many more names in his memory than in your charge. ' The detective-sergeant added that n the accused instructed his counsel properly he did not need the assistance ot the police in his defence.

Five retired admirals are among the students taking a woodwork course at the Portsmouth Municipal College.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/EP19350701.2.104

Bibliographic details

Evening Post, Volume CXX, Issue 1, 1 July 1935, Page 10

Word Count
612

VAGRANCY CHARGE Evening Post, Volume CXX, Issue 1, 1 July 1935, Page 10

VAGRANCY CHARGE Evening Post, Volume CXX, Issue 1, 1 July 1935, Page 10