STIPENDIARY MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XXIV, Issue 2150, 11 May 1897, Page 2

STIPENDIARY MAGISTRATE'S COURT.

FaiDAT, Mat 7Tn. Before H. W. Bishop, Esq , S.M., and A. Ct Knight, G. Saxton an i<l Wμ. Babhrtt, Esqs.,J.'sl\ CIVIL CASE. J. W. Nurbey v. B. M. Ppuir. Claim £1. Mr Orbell for plaintiff. Jndgtnenk for plaintiff by default for amount claimed and ooete. POLICE OASKB. ' Jdle Geo. Lelievre wee aconeed of being drnnk and aesauiing the police, and Augnnte and Jerry O'Connor with obstructing the police io tb« exeontinnof their doty.

Inspector Brobara appeared on behalf of the police, and Mr Potts defended the qooused.

It wee agreed the three oaiee should be taken together.

Constable A. Scnlly, sworn, said : I am a constable at Akaroa. I remember Eartsr Monday night: I was on duty that night, end near Grange's Hotel three minntee after ten. On Bruoe'e Terraoe I caw Angueta Lelievre, Joseph Barwiok, and Curry etmding there. Aβ I approached I heard the word b——y made ose of. I do not know wbioh of the three need it." I said, ' do not make oee of bad Ungaage, , or words to that effect. I went on to cay * There ia too moan of it going on.' When I got past Auga«ta Lelievre he addressed me saying, f You move on ; keep on moving .' He spoke in an offensive manner. As I was coming hack through them again, he touched me on the breast with the forefinger of bio right band, still saving ' Move on,' and ndding, ' Do your duty.' I then went on, Angaets Lelievre and tbe others followiag me. I saw Mrs Angneto Lelievre in front of me. She came back, to her bnebsnd. caught bits by the left arm aod tried to ioduce him to go home. He would not go j and one of the Currye went ap to assiet Mrs Lelievre, bit she resisted hie interference. Thinking tbe man would peetir her, I told bin t> move back nnd riot interfere. A few paces on I mat Jule Geo. Xoliavre coming towards m». He spoke, -addresoing tbe crowd, saying, ' Go for him ; cbuek him over the wharf,' and rushed rndely by me. I stepped oat on tbe road. Lelievre was drank at the time. I continued coming on towards the Post Office and LnlHvre turned and . followed me back as for as Church street. Recalled me a d——d fop several times,, and wound up by saying * The likee of you ehouli be chucked over the wharf.' I came to tbe Town Hall and acquainted my senior of the occurrence. We were proceeding to the other end when, a few paoea pa«t the Poet Offioe we saw Wm. Curry and Jule Leliove coming along, the latter etaggerinsj about the footpotb. When I came up to hi I P«i 1. 'You are drunk ; I arrest you,' and formally took him into custody. Ha tirew him* wit down and refused to come. My senior gave roe asei tnnce, and we go! him. to the Bulgnerie Ptreet corner by foroe. Hβ then soil l»« would ko q'ii«tl)7 »nd ti'ui ho t) the pijice yarr); but wtten we had him ineide, Aogante Lelievre c>ime rushing in, and caught hold of hie brot'ier by the shoulder and tned to poll. J him aw'jy from us. My eer,ior caught

hold of Aogaate, and made him let go of the prisoner Jnle, leaving the letter to me, The prisoner. Jnle LelieTre, thenresisted, trying his best bo get away from me, and in the fltrapgl<9 we both curna down to the ground. I tried to take advantage of that pofi i >r> to handcuff him, but Jcle oaught hold of the hnnr?O'iff«, and when [ recovered them from him Jerry O'Ooudq' came on the eeenb. I told him to ke«p bfiok. Hβ paid no heed, bot rushed in and oangrhfc hold of the prisoner and triad to take him ft way from me. Therefore 1 slashed at him with my handcnjfc several times to keep him off. Jnle Lo'ievre half rose under me att is, making farther endeavours to get away. A tneele eneaed, my senior throwing A»£nete over me, bot I kept hold of my pii-rmer. After farther tussling Jnle eftid • 1 , .1 go qaietfy," cod I oaagbt him by the collar end walked bi<n into the police office. When 1 got him in I closed the door, and forced him into ft ohair. The obnir was riokettyj and he sank back, end I thought the chair would eollapsp, and caught hold of bim by the ehonlder and be oalled oat "help! help! there murdering me!' Jnet then a man came to the door named Wm. Carry, end I told him he had better go away. My senior wai at this time outride with Auguste Lelievre. I struck a liarht and found Jule Lelievre was bleeding from a wound on the bead. My eenior then came and we searched the prisoners. Anguitte was ttken to the cell, and I got some water and washed Jnle's head, after which be was looked up. Liter they were billed ont A crowd assembled outride whilst the Jastioes were there to arrange for bailing out the prisoner?. Some came into the yard, but went out when I asked them. Beard cheers and groans given, bnt do pot know for whom. Heard of a log being brought to batter down the lock-up, bat did not see if.

By Mr Potte—Tbe orowd I saw at Terraoe were Wm. Carry, Jos. Barwiok end A. Leiievre, end, I beMeve. Jno. Carry. Did not reqaect them to more on, bat told them not*to use bed language. Jnle Leiievre said '' throw him off the wharf,' 1 bat I heard no nnnwer made by the orowd. I think I was alone with Jale when he called me a d——d fop. Did Dot eeo Haylook, Auguete and Mrs Leiievre with Jale at that time. I judged Jale was Ctonb by hie pronunciation and general manner. When Jale said I should be slang over the wharf I eaid it would (eke a better man than him. I know of no qnarrei between my senior and Jole. In the station he asked to be bailed oat. He did not throw my senior and myself on our back". In the room when he sank in the ohiiir I never rtruck him. Did not hear him c>l! Got to Bill. The handkerobief of JuL)'» produced wee the one t <at I washed hie head with. It was thrown on' of the basin with the w»ter. Wb«n hs asked for the handkerobief I di-i not know where it was. Would have Riven it to Jule afterwarda had he applied for it. Juli wae arrested without warrant. Hβ dtf not any he wan sober, bnt thAt be wanted a Justice to bai! him out. Never saw Jule before UDder the influence of Wqaor during the year I have been here. Did not hear my senior oppose tbe Joe* tioas corning. Do not know who went for the Jattioeo.. Jale was drunk in the look-np. Did not hoar Aopneta L"lievre say a word when he tried to roeoue hie brother Did not bear Anjjnefce speak to my senior at el. Did not have J ale by the throat wberr O'Connor oame in. He was not in a choked condition. I hud a body hold, O'Connor caught Jale by the abeelder. He never said Jale wee choking.

Constable Pitriok SoaUy, in command ot Akaroa, remembered Easter Monday flight. There was a b*zaar in the Town Hall, and at 10.30 p.m. Constable A.

Scully made a complaint* Wβ went towards the other end and met Jale Lelnvre near the Poet Offioe. Hβ was staggering About drank. When arrested for drunkenness Juie said ''I will not go,' 1 and 1 caught hold of bins and helped the other conutable. Hβ pat out hi* feet and tried to trip me but failed. We then got him inside the yard, when Auguete Lelievre ooroe in, calling oat •* What* the mutter?" and tried lo reeoue bia brother. Tberenpon I let go Jale and arrested Augusts. Shortly after. 0 Connor came in* We warned him to keep back, bat be went to Jale, and my junior ■truck at him with the handouffs. When I got on my feet again I pot my foot on Jale'e wrist to help Constable Soully. O'Connor got np and went away, and tbe prisoners were locked up. I had a job in getting Augusta into the cell, and during tbe struggle in the yard he grioped my thumb and pnrtly dislocated it. They were looked up at ll>2o p.m. and bailed oat et 12.19 em.

By Mr Potts—l never threatened Jale Leliovre, and wne not pleased to hear tb»t lie was drunk. I Raw Wm. Curry first and then Jale Lelievre staggering eftsr, and concluded he wae drank. Had no warrant for either of tbe arrests. Augaete asked if we were arresting Jale for drunkenness When Augaste asked what was the matter. I replied, * Come and see. . When he oame to the bazaar Constable A. Soully told me Aagnste aod Jule Lelievre were drank. Jate Lelievre cotaplaiaed to me of being assaulted in tbe office with a stick and showed me blood on hie fac, but not a pool on the floor. I saw no b'ood on the floor; bat saw a damp patoh on the floor. I never saw the handkerchief produced till to-day. It is marked J.G.L. Had Aaguete Lfilievre not interfered; Jole would have been locked op more speedily. Did not bear Jale call ont from the offioe.

By Inspector Broham—Conatable Souliy and Jule were not in the office much over a minute before I went in. It would only have been a eirop'e charge of drunkenness had not Anguete Leliavre and O'Connor interfered.

Joseph Berwick, coacbdiiver, rememEactir Monday nigbt. W. Carry, A. Lnli-vre and myself were on the footpath near the hotel. A. Lalievro epoke to the const«bl->. Oonstable Scully saii

■■ Not bo much of thi4 bad Unguage" 1 heard no bad lungnage, and we were all eroiog home. We had been there abohl fim or cix minutes. Lelievre told Con Htable S«ully to clear, «aying, ' We ell know wha' , you are, 1 and then I w«'kH ■ Hway. h"aung Constable SenDy cay ' yo r handd off, me.'

By Mr P«it h— I win surprised to he > oi Ju'e being erreeted for druokennpee. By Bftnch—Augßnte L'?lievre bid had a few glaeeeg.

Win. Hamoio'id, fisherman j of G-erpiAt) j Bey, peeine Jnle Lnlinvr* at | Podrigcea' Hotel efc 9 p.m. on Elate

Monday night. Wee there ftbont bulf en hour. Hβ bad one diiok whil t I wee •here, I do noi know what it wap. Hβ wa»_ anything but drank, bnt yoo oonld «cc be hurt had liquor H«ard him cay be *•• be Grango'e after I left him. I «bw 1 WHg surprised to see b"m cardplaying after enoh a long interval. He hee been a reformed noun for yaara-. A, B, Weetinra. JP. remembered Eaeter Monday ni R h». Was a«k«d t<l come to the, Polioe offce about 11.15 p.m. that nighb end went, ranching thwe at 11 30 p.nii Saw Jale Lelievre there and bailed him out. It was half past twelve when be n«w him. Hβ was under the i> - floenoe of liqt»or, and bo also was Angaete Leli-me* By Mr Potle— The police obj oted to bail being: given. I concluded Jule Lfilievre was nnder the influence of liquor from hie own general manner- Hβ eaid Ibit he was sixpence ebort in hie money. Alex. Innes McGregor, J-P., remembered Easier Monday night. I waa coming from a neighbour',) houoe a little after 11 p.m., when I was aeked to go to the poiioe station and caw both the accused in the oelle and at the effioe. Jale Lelievre bad evidently been drinking and Auguite also. Of the two Aapuete wee the more under the influence of liquor. By Mr Potfi—l remember remarking Jule Lelievre remembered ell abont bia money. He was not helplaw, bat nnder the influence of liqaor. I shonld nol have bailed him had he been io a bad state from liqnor. Aβ it wee, I only hailed him on the distinot asenraDee of bie friends that they would see him borne. Was not in Grange's Hotel that evening, and consequently did not ccc Jale Lelievre there. Mr Potts raised tbe question of tha right of the polioe to wrest men under the influence of liquor without warrast, when they knew their position and residence, and quoted * oaee in rapport. (Full particulars next issue). The Benoh reserved the point. For the defence, Augoete Lelievre deposed : I remember Ea«ter Monday nigbt. I was ted my brother wan arrested. 1 went to the Police Station, and saw both conetiblee on top of Jule : and aeked what they were looking him up for* Patrick Scully jomped op and caught me b/ the throat and tried to throw me down. 1 think I got him by the thumb, and fell on top of bim. Wβ both got up. He still held me by the collar. He eaid, I want to have an explanation with you ; come on to tbe office. When he got me into the office he Raid, I have to look yon np for resisting <he police. Scully, junr., searched my pockets; took my watob and a few matches. 1 Raid I dii not resist the police, and I did not. By Inspector Broham : I ran io. I vine quite sober. I did not take hold of my brother at ell. 1 told the eon stable to mind bio own badness. I never touched Constable Soully.

A'fred Hutchina, cadet at Fleft Bay, remembered Easter Monday night. Had a shilling in. Jule Lelievre was perfectly sober, Went outside and talked re ehearing with never el other?. Saw Jale have a teetotal drink.

By Benoh : Was in Grange's Hotel with Jule Lelievre, and left him after 10 p.m., quite sober.

Alfred Haylock, of Wainui, saw Jule Lelievre at Grange's about 10 p.m. Jule Lelievre was perfectly sober. Had conversation with Constable Scully that night. Saw Jule along till he met Augusts Lelievre and hia wife. Heard Jule say te the constable, • You ought to be thrown over the wharf.' Did not hear the constable retaliate.

Wm. Shadbolt remembered Easter Monday night. Saw Jule Lelievre at Grange's Hotel. Hβ was quite sober, and I had a drink with him. He had sarsaparilla and lemonade. I positively swear Jule Lelievre was sober. Constable Scully was having a row with Auguste. Augusts said, * Hew is it you pass the crowd and get on to met , Hβ said, ' Yon mind your own business and I'll mind mine ' It is a deliberate perjury if Scully says Jule Lelievre said to the crowd, ' Obuck him over the wharf.' John Curry went up to Mrs A. Lelievre and said, 'You had better take Augaste home, , and Constable Scully interfered and said, ' How dare you insult a lady in the street.' The remark was quite unwarranted, Carry being a friend, and enly acting fer what he thought Auguste's best interest*.

Alfred Sunckell deposed—l was at Granges Hotel ou Easter Monday night, and saw Jule Lelievre there perfectly sober. Had a shilling in. Eight of us were in. Jule Lelievre wa« one. I believe he had claret and lemonade.

James Adamson, Factory Manager, German Bay, a*w Jule Lelievre at Mr Grange's. He was quite sober when he saw him. Do not know if Mr Grange was aware ef the shilling in being thrown. Wm. Curry saw Jale Lelievre between 8 and 10 p.m. on Easter Monday. Jale was quite sober. Could not see he had had any liquor at all. Was with Lelievre half an hour. Saw Jule near Angnste Lelievre's plaoe standing by himself. Was with Jnle when he was arrested. Was present at arrest. The police met Jale and himself at the school. The younger Scully said Jale was drunk and arrested him. Jale was quite sober. Met Augnste and told him. Augusto would not believe it at first, but when he did, ran on. Followed him to police yard, and saw Constable P. Scully and Augusts then, and heard Augeate say "what have yon don* with Jale." Saw O'Conner sitting in the yard shaking because someone had hie him.

By Inspector Broham—Did not see Lelievre drink anything between 9.30 and 10 p.m. Both the Lelievre brothers were quite sober. Thomas Grange, publican, remembered Easter Monday night. Saw Auguste and Jule Lelievre at his hotel. Jule Lelievre, to the best of his knowledge, was quite sober. Heard an alternation after the house was closed, and went out and heard Auguste Lelievre arguing with Constable Scully. He told Auguste it was" bad taste to argue with the police, and his wife was there, and witness asked him to go home. Jule was quite aober. Told Jule Lelievre to look after Auguste and see he did not argue with the police. Saw the men put shillings in a hat and throw them. Wm. Kearney was at Grange's on Easter Monday night. .Jale Lelievre was quite sober. By Inspector Broham—Accused were my uncles I had a shilling in with them. Jule had claret and lemonade. John Staples was at Grange's on the 19bh April- Saw Jule Lelievre at 9.30 p.m. quite saber. . , Jule G. Lelievre said: 1 came out of Grange's Hotel at 10 p.m. on Easter Monday Converted with former witnesses* Had a shilling in, and had a oliiret and lemonade. After I left the hotel, had a talk wirh Jack Haylock about shearing. I waited for Auguste to come along, i Young Mr Scully came first aud said "you're another of that sort," and I replied "the likes of you thould be slung over the wharf." He wria " I'll have you for that to-morrow,"

»nd I replied "yQU have your remedy." There was a fend between Scully and my- \« self about a lamb. After leaving Jack Hay- . ; , look, I caught up with Aujfwn*. W. Shadbolt, J. Curry and Mts A. Lelievre. They went with me to Auguste's. Wβ stopped * there. Mrs Augusto wanted her husband to go id, and he wanted to go down the street. Left them taking and went «lowly for Auguste to catch me up. ' When opposite > the school the two Scullys arrested me. 7 Thej said I was drunk, Which I denied. When I "aw they meant it I tried to get away. When we got to the corner, I said I would go quietly. In the police yard they knocked me down and tried to handcuff me, and then Auguste came. The younger Scully took me by the throat as I was on my baok, and it was some time before I could get my breath when he let me go. dome one interposed when I was After being admitted to bail I Went home with Joseph Armstrong and George Saxton. By Inspector Broham—l was at Rodrigue'a Hotel half an hour. I had saraaralla and lemonade. I had half a< dozen glasses of olaaet and sanaparalla during the d day.' , ' . . ' -.- ■. ■:. ■■.. . ..■ Joseph Armstrong, farmer, remembered sight of April lßtlu Took Jule Lelievre home. Hβ was apparently sober, but very much excited. He walked straight as wit- <• ness did, and talked sensibly the half mile witness walked with him; Hβ was talking to his brother-in-law about his horse. Hie whole conduct and conversation was that of a sober man. ' H. G. Jaeobson deposed "he raw Jule Lelievre in the police office on Easter Monday night* Jule was able to talk sensibly, to reason, t» walk straight, and te sign hie - name With oalm deliberation. As a matter of course he was greatly excited with the events of the night, but behaved in every way like a reasonable and sober man. Jerry O'Connor deposed he went to see ~ his friend Jule Lelievre at the Police (Station, and was attacked with a stick or a stone.. Jule was offering no resistance. His head was cut about, and he went away and washed it. He never epposed the police in doing their duty. Mr McGregor, recalled, said that he considered Julft Lelieve was under the influence of liquor whin bailed out, aid he made ib * a previse his friendi should see him home. Did aot think Jale's appearance and conduct was d«e to excitement alone. AWAITIX. ' Constable A* Semlly was charged with assamlting J«l« Gee. Lelievre on E*ster Monday night. Inspector Broham appeared for the accused, but Mr Potts, counsel for the if. plaintiff, objesting, the constable defended his own case. '

Jehn Adolphos Laing, medical practitioner, residing in Akaroa, said he was aaked te examine Jule Lelievre's head. «. Foand tw* wounds on the scalp : one was one and a qsarttr inches long and the other one and a half iiches. The ihape of the wound was an ellipse, edge sharp, and floor rugged. The blow mnat hate been given either from the ba«k or from the front. Hβ might have received the blow lying on the grotnd. Bloed would flow freely and immediately from each blows. Ide neb the wounds were eansed by a hand-caff. If co the projection that stand* out on the cuff would have shown. By Inspootor Broham—The wotnds were not serious. The wounds might have bceqp made by the keel of anyone , * boot; but the blow wonld have to be a very sharp one te produce them. They might have resulted from a out from a atone. Wm. Carry heard Jule Lelievre call out frem the offloe, 'Come and see where he struck me in the head ; the blood is running down my face,' Witness vpnt to the deor t# see aad the door was el.named in his face. He should have got in had it. not been for Mr Scully. . By Congfcable Scully—Yon ordered mt away and I went. You paihedme away. Angoate Lelievre said : When I went into the office my brother was in the chair with his hand up to his head, and there was a*, round pool ef bleod, the sise of a saucer, on the floor. My brother Jule said, 'See whan they've done.' I think I said, 'What cam yo* expect? , Jvle told me Scully struok him on the head when he was sitting in a chair; he asked him to sit down and then straok him. Scnlly denied it. The stain was in one spot in the centre of the roem—in front of Jula's chair. He pointed out the stain after the blood was wiped mp to Messrs Westefira and McGreton. Ax I. MoGregor said: Jmle Lelievre pointed omt to me a wound on his head, $ saying, ' That's a wound I've got. , J«le Lelievre deposed: Constable A. Bcmlly put him into the office, drewaohair for him to ait down on, and as he sat down, sfar»ek him on the head. There was no* light, and he did not know with what he struo't him- He kicked me two or three times on the shins, saying, 'Take that you brute.'. I called to Garry, and heard a step at the door; and Bcally went out, leaving me in the dark. He came back after sT bit and lit a light. There was a pool of blood en the floor. It was done either with the hand-cuffs or a baton* The handkerchief produced was mine. When I last saw it, it was full of blood. I aiked Constable Scully* , for the handkerchief, but he said I had none. When Scully came came back he took me into another little room and washed my head. I pointed out fche stain on the floor to the Magistrates. The blood was wiped op when I went the second time into the office. The blow could not have been struck outside, or 1 should have been covered with blood.

By Constable Scully—You nied my handkerchief in wuhing mybead. When I asked for tha handkerchief, you said you had not A got it, , For the defence, Constable A. Scully deDoeed—At the time O'Connor oame to rescue Jnle, I struck Mm with my handcuffs and may. have struck Jale Lelievre. I did not de-« liberately strike him that eveoiog. My impression is I wa lying on my back and pounding with my boot's to get dear. There was blood on my clothes, which must have come from someone outride during the straggle. (Clothes produced). The woun* was given before Jule Lelievre went into the office at all. Constable P Scully said he could only repeat the evidence he had already given. There was blood on his clothes from the struggle** outside, which probably came from Jute(Clothes produced). When struggling with Auguste outside he fell over Jale Lelievre, and might have pushed O'Connor over. If so, might have come in contact with Jule Lelievre's head.

Defendant said the blood on the floor was not the size of a eaucer, and such a statement was a grow exaggeration. There were several spots of blood on the floor. It was his duty to clean up the blood. Jule was overcome when he sank in the chair, and ■ did not appear to know what was happening. After a short retirement, Mr Bishop, - behalf of the Bench, gave judgment- He paid thai in the case of drunkenness aguinst Jnle G. Lelievre the evidence was so coutradictory that the Bench did Dot feel warranted* in convict<ng. and with great diffidence dismissed the case. The evidence in the case against the same accused for resisting the liol'ce was also contradictory, and giving him :. l ie benefit of the doubt, and taking into ' s deration,the nasty w6uiid ou the head he had received, they had also decided to dismiss this caee. Th« cases against A, Lelievre and J. O'Connor wero, however, on a very different footing. The police muH'be sup - and even if there w»s a waat, of j

™S?K2!?

, discretion it mmefc be remembered,■fcbalt police dut.y was very difficult at times. The case quoted by ■Mγ Potts .'had Jtio?,he thought, «ny bearing on the case. It must be reraeentered that thtf arrest of J. Lelievre was complete, and no one had any right to interfere whether the prisoner was righ'ly or wrongly arrested. If the Court held that such interference wae right, it was a natural eequence that it would be right to pull down the lookup. The Court did not believe all the reaions in the region of the affair given by the two accuaedi The law must be upheld, es* pecially where there were only Wo men belonging to the force stationed in a large distrioti He could repeal platitude after platitude on the subject, but Would only point out they mint submit to the law, even if it "were wrongly executed* Those aggrieved should allow the matter to prnoeedj and if the polioe exceeded their duty they weps-ftnewei-able to their proper head to whom complaint should be madei The bublic should not interfere with the police by physioal force, or no life or property would be secure* A crowd •of people were easily swayed, and if they forgot themeelves & serious state of things mtght ensue. The Court held both the accused had obstructed the police in the execution of their duty, and both would be convicted and caah fined 20s and oosts. With regard lo the -charge »gaiDßt Constable Scully, the Coart considered the dearest possible evidence was necessary before convioting on such a charge, and did not think that given sufficiently conclusive. They oould not believe such a dastardly act as thht spoken of would be committed either by Constable Scully or anybody, and they gave the defendant the benefit of the doubt and dismissed the case.