Kaitangata Police Court

Bruce Herald, Volume XXX, Issue 3097, 8 September 1899, Page 3

Kaitangata Police Court

' ' ■' ' Saturday, Se p U nib kr 2, 1899; ' (Before, W.H.:Maokeßzla And. A. E. Ferqahar, J'aP.j; |'■ n J ?; William Thompson, , miner,! 'Eat-_. tangata, waß charged (1): with having been drunk in . Ijddystone street ion the >; Ist inst. ; (2) with> using, obscene language within the bearicg of passers by; and (3) with assaulting CJotjstable : j Feirguaon while in the execution! of; bis ' duty. ; ' : •;";'■ .;■■•■;■•' - : ; : ;; ::; ;^ j Mr Patereioh appeared for thje de^' fendaht who pleaded, guilty . to each 1 .charge. • , Constable Griffith conducted the prosecution on behalf of the police and stated the circumstances of the case showing that the offences dit closed -in., 'i he second and third informa ionst were of a , very serious natui*e. Constable Ferguson had been obliged to call upon several persons to as-istr him in taking the defendant into custody, and but' for the timely assistance given by Mr M'CLrmack there would have, been great difficulty in locking up the accueed. The fact that several of the public had refused theit assistance when called on might be the subject of a subsfquent prosecution. There was considerable difficulty in such cases for the police were bound to use only .such force as was necessary, while men in the excited stite defendant was in used all their strength to escape. He ventured to say that Mr Pater son had taken a very wieo course in pleading guilty and in consideration of chat fact he was willing with Constable Fe:guaon's permission to ask their Worships to amend the second charge from " obf cene " to " indeceDt " language, making the charge a less serious one. Mr Mackenzie : The Bench consent to that being done. Mr W. M. Shore and Constable Ferguson gave evidence for the prosecution. Mr Paterson, for the defendant, stated that there were several extenuating circumstances, and he would ask the Bench to deal not to harshly with the defendant. He had been dismissed from the mine and had a wife and family dependent on himHe had been drinking for some time, and while in that state was hardly responsible for bis actions owing to the fact that he bad suffered from sunstroke some years previously Also he had already undergone 24 hours' confinement in the police cell. The case was smi'iar to B. v. Davip, 14 Cox, 563. Counsel called Dr Fi'zgerald, who stated that when druuk the defendent acted more like a madman than anything else. The fact of a previons sunstroke would, tend in the direction indicated. Constable Griffith : The highest authorities in this country have held that drunkenness is no excuse. Mr Paterson : Can you refer to a case? Their Worships after a short retirement convicted the accused and fined him 30s with costs 7^, in default one month in Dnnedin gao 1 . One wet k would be allowed to pay the fine. In giving judgment Mr Mackenzie delivered a well-timed address to the defendant on the evils of intemperance.