FALSE ALARM.

Auckland Star, Volume LXV, Issue 112, 14 May 1934, Page 8

FALSE ALARM.

MAN FINED £25.

CAUGHT ON SATURDAY NIGHT.

MAGISTRATE'S COMMENTS,

"There is no knowing what an otherwise respectable man will do when he has had a few drinks," said Mr. F. K. Hunt, S.M., in the Police Court this morning when lie fined Robert Angus Cowley, aged 45. engineer, £25. or one month's imprisonment, for wilfully giving a false alarm of fire to the Parnell Brigade on Saturday evening.

Cowley was . charged with wilfully breaking a glass panel, valued at Sd, in a lire alarm box and. with wilfully giwng a false alarm of lire. Accused, who denied both charges, was represented by Mr. Johnston. Sub-Inspector Edwards prosecuted. Edward Knight McKay, of Windsor Street, Parnell, said he was standing in the doorway of Ruston's tobacconist s shop at 0.40 011 Saturday evening. Immediately opposite the shop, 011 the corner of Ruskin Street and Parnell Road, was a fire alarm box. He saw accused go up to the alarm box, push the glass in, hold the alarm Jiandle for a moment or so and then waj... away. '"I had heard the fire engine only a few minute's prior to this," said witness. '"I have a brother in the brigade, and I have often heard him refer to the difficulty of catching persons who give false alarms. Knowing that there had just been a fake alarm, to which the brigade had turned out, I walked over to the iiuyi to have a good look at him. A few minutes later the fire engine arrived and I told the foreman of what I had seen. The foreman asked me to jump 011 the engine, and he drove along Parnell Road, where I saw accused 011 the other side of the street. lam absolutely positive the accused is the man whom I saw break the alarm box." Mr. Hunt: Did he say anything to yon*—He said lie had considerable respect for the fire department and that he had taken children to inspect the tire station. Mr. Johnston: Was it dark at the time? —Yes, but there is a bright electric light overhead. Mr. Hunt: You say there was another malicious alarm of fire not long before you witnessed this incident?— Yes, that's why I purposely kept the man under observation. Witness DouTitrul. Robert James Mudford, who was standing in the doorway with the last witness, said he did not see the alarm box broken, nor did he see anyone give an alarm. He saw a man near the box, but it was dark at the time and he was not positive that it was accused. He did not see his face. The man he saw resembled accused. „ Mr. Johnston: Would you expect that a mistake could be easily made in the identification of the man?-—Yes, I would. It was at night and the place was not well lighted. Mr. Hunt:' You saw McKay go over to the man and speak to him?—No, I do'n't remember him doing that. We were both looking for the brigade to arrive. Mr. Johnston: Then McKay did not leave you and go over to the alarm box and look at a man?—l don't think so. At least I don't remember if he did. Four Malicious Alarms. The foreman of the Parnell brigade, Lionel Emslie, said his brigade received four malicious false alarms of fire on Saturday evening between 0.29 p.m. and 0.53 p.m. On arrival at the alarm box at the corner of Ruskin Street and Parnell Road, McKay spoke to witness, and as a rpsult of what was said, witness invited McKay to board the engine and see if he could find the man. "We had only gone about 125 or 150 yards down Parnell Road, when McKay pointed out the accused to me as the man he had seen break-the glass," said the foreman. "I jumped off the engine and said to him, 'Where's the fire, mister?' Accused said, 'I don't know.' I then said to him, 'Well you are the man that broke the glass.'" Witness said Cowley denied the allegation, whereupon witness told him that he had a witness on the engine who was very definite. " 'You had better hop on the engine with us and we'll go to the police station and see what the sergeant has got to say about it," I. said." Answering the magistrate, the foreman said false alarms of fire greatly inconvenienced the brigade. Each time the engine turned out it cost nearly £5. During the last twelve months there had been S5 false alarms given in Auckland. Cross-examined by Mr. Johnston, witness said there was no one else in the vicrtiity at the time he accosted accused. Mr. Hunt: Would it be possible for the same person to have given the four false alarms on Saturday evening?— Yes. Constable Broadley said that when brought to the police station at 7 p.m. Cowley was sober, but he appeared to have had some liquor. When told of the allegations made against him, Cowley said: "Oh, what rot." Accused's Denial. In evidence. Cowley said he had "been employed in the tramways department since 1918, and lived in Heme Bay with his wife and three children. On Saturday afternoon he was at a friend's house watching the football at Carlaw Park. He left at 5.20 p.m., and on the way up Parnell Road he called in and had a drink at a hotel. "I was walking up to see a brother-in-law to tell him about a niece and nephew who had arrived in Auckland, while I also thought I might see my sister-in-law," said Cowley. Mr." Hunt: You seem to have plenty of relations. It's a pity you did not walk to Herne Bay to see your wife and family.

Accused said he saw the brigade coming down Parnell. Never at any time was he .on the opposite side of the road near a fire alarm box. The fire engine pulled up and the foreman jumped off and accused him of breaking the fire box. "I told him that, being 45, and with a wife and three kids, I would never think of doing anything like that," he said.

Cross-examined Ly Sub-Inspector Edwards, accused said he had live drinks on Saturday.,

George Henry Cameron said accused left his house about 6.20. "He had a few j drinks, but he wasn't so bad," added I ■witness. Question of Identity. Mr. Hunt said accused must be convicted. Usually in such cases it was a difficult thing to identify the offender, but in this case a man whose brother was a member of the brigade swore positively that he saw accused break the alarm; and that be went over for the express purpose of having a good look at

Mr. Johnston, speaking on the question of punishment, saitl Cowley had spent Saturday night in the police cells. Mr. Hunt: lie is fortunate tlmt he is not spending many Saturday nights there.

Mr. Johnston added that lie had known Cowley for many years, and had transacted important business for him in the past. He was a most respectable man, and was vice-president of the POll- - Swimming Club. Counsel said he was shocked to hear of Cowley's trouble.

"I won't send him to prison, but everyone knows that by turning out to false alarms the lire brigadesnien run a risk. He will be fined £25, or one month's imprisonment," said the magistrate. Cowley was allowed seven days in which to pay.