"BREEZE" IN COURT.

Auckland Star, Volume LIX, Issue 170, 20 July 1928, Page 7

"BREEZE" IN COURT.

MAGISTRATE AND POLICE. S.M. REFUSES TO HEAR WITNESS. CHARGE DISMISSED. A slight "breeze" took place at the Police Court this morning, between the newly-appointed magistrate, Mr. J. H. Luxford, S.M.. and Sub-Inspector McCarthy, when Mr. Luxford refused to allow the sub-inspector to call a police witness. -The case was one in which Olaf Stromso was charged with being found unlawfully on hotel premises after hours. Stromso pleaded guilty, but said that lie had an excuse for being in the hotel. He also admitted beimi found in the hotel. Sub-Inspector McCarthy: Well, you can go into the witness box and tel This Worship why you had a light to be on the premises. Stromso told the magistrate that he went into the hotel to see a "Mr. Nelson," who had that day come to the city from the country. Did you see himV" asked the magistrate. '"No, I did not. I was only in the hotel three minutes when the police came," answered defendant. Sub-Inspector McCarthy: Do you remember making a statement to the constable in which you said you went to the hotel to get a drink?-—No, I don't remember telling him that. "Very well," said Mr. McCarthy, "I will call the constable to give evidence and produce the statement you made." Mr. Luxford: You cannot do that. By putting the defendant in the box vou have closed your case, and now you cannot reopen it. The sub-inspector, obviously taken bv surprise, told the magistrate that he was entitled to call evidence of rebuttal, and that he had asked defendant to enter the box and state his excuse m order to shorten the proceedings. Stromso ha.d admitted being in the hotel, and the onus was ut>on him to show that he had a right there. However, Mr. Luxford was adamant, and refused to allow the police witness to be called. , " You have closed your case," he said. Perhaps it is fortunate for Stromso. The charge against him is dismissed." Sub-Inspector McCarthy: All I know your Worship, is that it has been a practice in this Court, when a man admits being on premises, to allow him to state his excuse. If it does not tallv with what he told the police, we have called the constable."