CHARGES DISMISSED

Ashburton Guardian, Volume 48, Issue 82, 17 January 1928, Page 5

CHARGES DISMISSED

ALLEGED MISCHIEF.

BREAKING or CAFE DOOR.

TWO MEN BEFORE COURT.

As a result of the front door of the Empire Cafe, in Moore Street, being smashed in about 2 o’clock on Sunday morning. James Angas and Bernard Lewis Blackwell were charged in the Police Court this morning, before Mr G. W. Andrews, J.P., and Mr W. Oakley, J.P., with having caused the damage, which was estimated.at 10s. Angas was represented by Mr L. A. Charles, who entered a' plea •of not guilty, and Blackwell entered a similar plea. Senior-Sergeant H. Martin outlined the case for the Police.

Mrs Hannah Heseltiue, wife of the proprietor of the cafe, stated that at about 2 a.m. on Sunday' two men were having supper. Then" the 'accused knocked, but she said no more suppers would be. served that night. She saw the accused through the door, which was broken about then. ‘Witness telephoned for the police. To Mr Charles: Angas had not been to the cafe before. She did not see who pushed in_the door, but she saw no One else but the accused outside. She accused no one of having smashed the door. She told Angas she had rung for the police, but she did not dare anyone to stay, till the police came. She was not trying to' shield anyone else because they were clients of hers. To the Senior Sergeant: There wereno other people about, apart from theaccused.

To Blackwell: It was not a fact thatthere were several others there at the time.

Terrance James Rose said he was having supper with a man named Smith, when he heard knocking at the door. Mrs Heseltine told those outside several times that no more suppers would be served that night. Then the door was broken in, and witness sawthe two accused outside. Liquor was handed round outside the cafe.

To Mr Charles: Others came through the broken door, but that was half an hour later. Mrs Heseltine did not accuse anyone, merely informing them that she had telephoned for the police. Witness saw a man named Laffey outside after the police had been there. • To Blackwell: Witness saw him (accused) standing in the doorway, when he looked through. Constable Wilson said he found the Senior-Sergeant talking to the accused outside the cafe. Blackwell was half drunk, and Angas l was sober! They were locked up. Blackwell nearlyknocked down the cell, and kept all people about the Police Station awake. He called for a doctor for some reason, and Dr. Connor was summoned. A Hostile Attitude. To Blackwell: You took up a very hostile attitude when I spoke to you. Senior-Sergeant Martin gave evidence of having gone to the cafe and finding Angas, two Blackwells, and Laffey. He went inside to investigate, and while be was there the accused left, being Her found in East Street. They defined to clear the matter up, so they were accused and charged with the offence. Statements were obtained from both men. Blackwell admitted having knocked and asked for “a feed.” It was just after this that the door was broken.

Tr Mr Charles: He knew nothing against Angas. Both men had denied having caused the damage—he would not have expected them to admit it. Mr Charles submitted that there was no direct evidence that Angas was as-v soeiated with the knocking at the door, or with the breaking-in of the door.

The Court dismissed the ease against Angas.

In the witness-box, Blackwell stated that the police had been “trying to make out that he was half drunk.”

To the Senior-Sergeant: He was watching the cafe because he heard the police were coming there. The Senior Sergeant: You have a lot of love for the police? Witness: Yes. Though they seem to be chasing me a lot lately for something or other. You have been convicted?—Yes, for drunkenness. Anything else?—lf you know, you can speak up. .Not for indecent language? No er, yes, that’s right. Y T ou are married?—Yes. And did you know your child was ill at the time you went hunting for a meal at that unearthly hour?—Yes. A Question of Sobriety. You were half-drunk?—Well, so you say. Was I drunk, then?—l" don’t know. I don’t know where you had been. You looked pretty sober. Y r ou had a drink in the right-of-way ? —Yes.

Just a little priming for this offence, eh ?—No. Mr Andrews said the Bench did not know who broke the door, and they were very anxious to be lenient. They would dismiss the case with a very serious warning, that accused should be very careful fn future. It would be a very unpleasant thing to see accused before the Court again.