"MOVE OK"

Auckland Star, Volume XXIV, Issue 91, 19 April 1893, Page 8

"MOVE OK"

(CONTINUED FROM PAGE 5.)

George and Mr Walker, and at his request bhey accompanied him to the police-sbatkm. When witness was at tbe sts tion he was charged with obstructing the footpath and refusing to give his name. In cross-examination witness admitted that he refused to move on at first, aud afterwards he moved on a step _>r two. Wm. J, Chapman, who was standing speaking to the defendant, generally corroborated dafendant's evidence. Ho swore that Forbes gave his name, but th.* constable did not write ib down in bis pocketbook.

Andrew McLeod, contractor, deposed tS> hearing the constable telling defendant and his companion to clear off the footpath. They moved some 3or 4 feet. Defendant told the constable to speak more civil. The constable asked defendant his name, and he heard him say '■certainly." The consbable took his note book out of hi 3 pocket, bub witness could nob say whether he gave the constable his name or nob.

Wm. Percival deposed thab defendant gave his full name and address to the constable. When witness noticed the constable and defendant, they were arguing the point about " moving on."

This was all the evidence.

Dr. Giles said that there was a deal of matter imported into the case of which ho had nothing to do with. He had to consider whether defendant had broken the by-iaw, und he had nothing to do with the arrest or whab was done at the police statiati. Ie waa extraordinary for a con.table to go into a witnesa box, and be unable to say whether he arrested a man or not. The constable oughb to know whether he arrested a man. I£ a person committed an offence, and did not ao voluntarily the constable should say to him, "I arrest you on th; 3 charge." If a oeraoa were illegally arrested he could seek his remedy elsewhere. The question for him (Or. Giles) to consider was whether defendant obstructed the footpath when warned to " move on." He thoughb thac in this case defendant did obstruct the footpath, but it was nob a very grave affair, bub an ordinary matter. As defendant had put the police to a lob of expense, he musb pay the costs, bub he would uot allow counsel's fee. Mr Cooper : I do not ask for counsel's feo. Dr. Giles said he would fine the defendanb 5s and costs, or, in default, three days' imprisonment. The court fees amounted to 17s, and witnesses' £1 ss. The tine and costs were promptly paid.