A SALVATION ARMY CASE.

Press, Volume XLVIII, Issue 7922, 23 July 1891, Page 3

A SALVATION ARMY CASE.

At the Resident Magistrate's Court yesterday, before Messrs G. Roberts, F. A. B. Bishop, and J. G. Ruddenklau, John Osborue and Albert Brightmore were charged, on the information of John McMahon, with having, on Sunday, June 28th, assembled in Queen street, and with being guilty of conduct calculated to annoy the public, to wit, singing, shouting, beating drums, and playing on noisy instruments, contrary to the statute, &c. Mr Cresswell appeared for the complainant, and asked that the information might be altered so as to read contrary to City By-law No. 6, of 1832, Sec. 39. Mr Donnelly, for the accused, objected but the Bench made the alteration. John McMahon stated that he lived in Queen street, which was narrow, being only ten feet wide from gutter to gutter, and there were a good many houses in it. His house was close to the footpath. On the day named, at 4 p.m., his wife was confined, and about seven o'clock a detachment of the Salvation formed a ring in front of the window of the room in which she lay. They beat a drum and played on tambourines and brass instruments and sang ; they made a great noise. He went out and saw Captain Osborne who was leading the proceedings, waving his arms about, singing, &c. Complainant asked him to take the detachment away, and explained his wife's condition ; her head was bad and he feared that she might be dangerously affected if the noise continued. Osborne took no notice of him. Brightmore was carrying a flag and took part in the singing. In about ten minutes they went away. He then went to the Police Station and an officer went with him and interviewed OsSorne, who, when the charge was explained, said complainant was making a fool of himself; he would throw his money away, the Army would fight him. Cross-examined—The house next his was let by him to a man named Smith; a lady lived in it; he could not say that she was a bad character. Mrs Crocker, a nurse, who attended Mrs McMahon, gave corroborative evidence ; she said the beating of the drum caused the windows of her room to vibrate. Mr Donnelly objected that the information said the public had been annoyed. He submitted under a case he quoted that one or two persons did not make " the public," the information should have read, "to any of the inhabitants, &c." He also submitted that it had only been proved that the defendants sang. Mr Roberts said the Bench considered that McMahon and his wife were a section of " the public," and the by-law was rightly applied. For the defence, Alfred Brightmore said he was color-sergeant, he did not beat the drum, he sang and held the flag. There was a drum and two brass instruments. Captain Hildreth had charge of Linwood; Captain Osborne led that night. Cross-examined — The drum was going slowly that night. The drummer had mercy on the drum. There were about twenty of the Army present; all were singing more or less. John Osborne stated that he was a Captain in the Salvation Army, and cashier at head quarters. Captain Hildreth had charge of the detachment, though he played an instrument. In Queen street defendant led—that was, he gave out the hymn, &c. Complainant in an excited state came out and ordered them to go away, defendant thought he was slightly under the influence of liquor; he did not say anything about his wife being ill. The detachment were not more than five minutes before the house. Defendant never said that the Army would fight it out, &c. Sergeant Briggs said he had been informed that McMahon's tenant was a nuisance. Witness had visited the place several times, but saw nothing to .call for interference. — Herrot stated that the house next to McMahon's was kept by a woman of illfame and it was a nuisance. It was he who informed the police. Mr Roberts said tne Bench acknowledged that the Army did much good work, and that perhaps the intention in the present case was good, but it was not reasonable to assemble to the number of twenty, with band playing, &c, in a very narrow street. It must have been annoying to the Eeople living there. If the proceedings ad been in an open place like Cathedral square there might have been no objection. If they stood in the streets— the Bench did not think they should —they should move on when requested, especially in such a case as this, when the condition of a sick woman was involved. It was a reasonable request, and they ought not to stay to question the truth of the statement made by McMahon. There would be a conviction, but the penalty would not be a heavy one. The defendants would be fined 5s each, with costs and solicitor's fee, recoverable by distress; and the Bench strongly recommended them to be more considerate in future. Captain Osborne — I have nothing to distrain on.. Mr Roberts—That is not a consideration at present. The costs amounted to £1 12s.