OXFORD.

Press, Volume XLII, Issue 6245, 24 September 1885, Page 3

OXFORD.

[Before C. y Whitefoord, Esq, B_t, D. Sladden,7 J. B. Gorton, and Wilson Fisher, Erqa.] * Disokd__bz.t.—A.Gibba waa charged with : having been r drank in a publio place, using obscene language, and resisting the police. Mr Spaokmaa appeared for accused. Constable McGorman stated on the 13th at 9.45 p.m. he saw accused at the. Commercial Hotel. He asked him where, he had been this long time, when:accused began to use obscene language in the hearing ; of a number of persons. He warned him that if he did not,desist he should arrest him for drunkenness. Accused did not stop, and witness arrested him. Accused pulled at hia whiskers, dcraihed.his hand, and he had to send for, assistance to effect h.s arrest. To ?Mr Spackman—When witness said he had not seen him for a long time accused told him to mind his own business. . There was a drunken woman and some other men about. Witne.B told accused he arrested him for drunkenness, and afterwards for using obscene language.. Witness had not stated his intention of charging accused with assault. Witness during that evening had a glass of port wine at Fisher's hotel given to him by Mrs Fiaher. Mr Paget was called by witness to assist in accused's arrest. He took hold of hi* hand and then stated he. did not consider accused*to be drunk. At the lock-up accused was searched. He had -811 19a in cash on his person, but he was not able to count it correctly. Accused used bad language on the way to the lock-up, and resisted Sergeant Scott and himself. Sergeant Scott stated he was sent for to assist in tiie arrest. Accused was drunk. Accused resisted and used bad. language. For the defence, accused said the,constable accosted him by tapping him on*, he shoulder in the hotel, and said . 1 thought you were dead." Accused told him to mind his own business. The constable told him then to "keep his shirt in and his'hair on his head. He then told the constable he might goto a waim climate; The constable then attempted to pnKhim out, and a souffle teak place* He said he would arrest him tor insulting him. Mr Paget came up and said he was not drunk. He had not been drinking anything but lemonade and claret. At the police station he made a note of hia money correctly. neeses called corroborated eats ]mwex in regard to the manner in the constable spoke to the tfodased. C. Blank said accused was not*u^imfc|,s*o the Police—Saw the constable 3Jegty|)'-S!_ • hairs out of his beard, and ta-PtpK |_c pulled them cut himself. F. WmaO emk - he saw the constable with accaaad . house, but did.not see 'the g beard. J. Anderson stated; _ sober enough to know | and did - not think he vot 3 offensive if he had 'not-been the way he was. J. Wilson accused all the afternoon at the Hftt&wdod Hotel. Accused had a lemonade and ela»., at the middle house another, and warsober. - the hotel in. que_tSorri_w was sober wnsir the row began. J. Candy and G» Boyce said accused was sober. The' Utter saw the constable take -a drink at Mr Fisher's. It might have been port wine or rum. Mr Whitefoord—Or (cold tea ? Witness— Or cold tea. Mr Spackman—The publicans don't keep cold; tea in decanters. Mr Whitefoord—Oh, bnt I have heard they do in some iuatanoes. Witness-Gibbs was able to walk straight. ' Mr Whitefoord —And that is your test of drunkenness P Witness—Yes. W.Paget'stated he waa. called on to assist the police, but did not feel justified aa accused -was sober, _vnd•:he thought had been roused by the way the constable spoke to him. For some time there was some handling between the constable < and' <: accused in the passage. Aocused had one drinkthat evening, namely,, square*:gin and peppermint. He did not-hear-any bad language used. Two other witnesses testified to accused's sobriety, one of whom steted he had played "a clobo game of billiards with accused just before the' affair. The Besident Magistrate said the Bench considered this evidence of the police superior to that given by the witnesses. Their estimate of themattel was that the accused had been under the mflu- ; ence of drink. They did not think it was advisable for a constable on dutyjtb accost ahybpe in, a familiar way to that stated, It was :to be regretted that in thS interests of justice the witnesses had tried to-gloss over what did take place. They could not believe that the constable wouls pull his own whiskers out as had been suggested, or that so practical and respected a sergeant would be mistaken in his estimate of the condition of the; accused. The two first oases were considered dismissed, but for the third, for re- ! sisting, which would cover the others, it fine 0f,203 and costs was imposed. Bwweraa to Assist ran Potion. — J. Candy was charged with this offence, arising out of the foregoing. Constable MaGorman stated he called on accused in tbe Queen's name to assist,- but he steed and laughed at him. Accused, for whom Mr Spackman appeared, explained he Understood he was simply requested to go for the Sergeant, and as another person bad gone he did not think it ne.swsm.y_ The Bench cautioned defendant and dismissed the case. 7 '' I DanHzmwass.—Margaret Wilson was charged with being drunk in a publichouse; Mr Spackman appeared. This case was connected with the preceding. The police gave evidence that aocused was drunk and noisy after 10 p.m. Mr Spack- | man desired to know why she had not been arretted, as Gibbs was. The police stated her husband took charge of her. It was shown the parties she was with resided nine miles from Oxford, aad had come in to get paid for road oontzacts, and that they were staying at the hotel all night. Case dismissed. A Batch of Casbs.—W. Paget was charged with refusing to assist the police, obstructing the same, and permitting drunkenness. Mr Bpackman suggested that as the cases relating to these matters had been disposed of, the cases should be withdrawn. The Bench agreed to thia course, pointing out that in aU caeca where persons were called on to assist the police, no matter what their convictions might be as to the innocency of a party arrested, they were bound to assist, and a case had happened in New South Wales where a parson who refused to assist, and by which act a criminal escaped justice, was sentenced to two years' imprisonment. Hitherto the defendants hotel had borne a high character for ite respectability, the landlord's civility and attention, and the cases would be allowed to be withdrawn, the poHoe offering no objection. Crvn. C____».—C. D. Scott v — Condon, (Ss, judgment for plaintiff; same v H. Maindonal, fa Cd, judgment lor de-. feadant, expanses, 10», allowed j same v T. Smith, 4s, judgment for defendant, eoste 7s Judgment was given for p_a-_-_-_s(t-B eases of J. Maradea 1 v A. Smith, JSB 19a M t same vH. Murfit, £2 Sa 6d. G. Boys v G. P. Pole, 41$, tendered, JSI4; Mr Spackman for plaintiff; judgment for amount paid. B. H. Henderson vT. Wilson, JE4 Oa 2d; Mr /Spaekman for defendant, judgment for plaintiff for £15s and ooste.