MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1074, 13 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddcll, S.M.) REHEARING REFUSED. CASE OF CONSTABLE GLYNN. Reserved decision was given in the application for rehearing of the case of Black v. Glynn, in which the defendant Hawtrey Warren Glynn, a police constable, was convicted of assaulting Archibald Black on January 20 and fined 10s., with expenses totalliug Jil 95., in default seven (lays' imprisonment. The offence took placo while Glynn was on duty. The application was based on the following grounds:— 1. That tho conviction was against the weight of evidence. 2. That defendant has discovered fresh evidence material to his case which could not have been with ordinary diligence discovered prior to tho hearing. The fresh evidence was supplied by Abraham Brown, Phillip M'Lnroe, and Constable- Palmer. Abraham Brown, labourer, of Silverstream, who was formerly employed on the Queen's Wharf, stated in affidavit that ho had frequently worked with the informant Black. "On several occasions prior to January 28 Black has spokra lu mo about members of tho police force in Wellington. ... On more than ono occasion speaking of tho police he said: 'I have got no time for those "Kaisers," especially Glynn and Fisher, of .Mount Cook. If I get a chauco I will fix Glynn up, and then have Fisher, or words to that effect. He gave, no reason for his animosity to Glynn, but seemed to be very bitter against him. Philip M'Enroe, hotel manager, filed an affidavit which stated that at 10.30 p.m. on January' 26 (date of the assault) Black was under the influence of liquor, which, in M'Enroe's opinion, must have comprised more than three drinks of shandygaff. M'Enroe also noticed that a man with Black was very much under the influence of drink. : Constable Palmer, of Mount Cook, filed an affidavit to the effect that when Black visited tho Mount Cook Police Station shortly before 11 p.m. on January 20, ho (Black) was "very excited' and "distinctly under the influence of drink. In Riving judgment, the Magistrate said: "Section 120 of the Justices of Hie Peace Act, 1908, states that any justice, before whom anv information or complaint has been heard, may, m his discretion, grant a rehearing of such information or complaint unon such terms as to him seem fit. So far as tho ground that tho conviction was against the weight of evidence is concerned, I think tho principles anplicable in the Supremo Court should be applied in Courts of summary . raocoduro. when dealing with applications like the nresent one. That being so. the rule laid down in Papworth v. the Horowhenua Publishing Company, and referred to in Garnuat v. Bennett, is applicable. It is stated that if the judge has properly directed the jury, and that the verdict is one which upon the evidence reasonable men could find, then it will not be set aside even though another jury might have arrived at a different conclusion. On this ground, defendant's anplication must fail. As to the second "ground:—One Philip M'Enroe deposes as to tho condition of the informant Black and his companion Jacobs about 10.30 n.m. on the night of the assault. Constable Palmer deposes as to Black's condition shortly before 11 p.m. on the same date, and ono Abraham Brown deposes as to statements made by Black at a data prior to tho assault, and tending to show bias towards Glynn. It was admitted at the hearing that both Black and Jacobs had been drinking before they met Glynn, and tho evidence of their noisy condition just before they approached the constables showed that irrespective of the quantity of liquor consumed it had taken some effect upon them. Black, however, was not drunk enough to be arrested. Palmer's evidence could have been obtained at the original hearing. Tho issue of a subpoena to him indicates that fact, and tho evidence of both M'Enroe and Palmer although intended to discredit Black, is only corroborative of his condition, which was known at, the hearing. Brown's evidence also goes to discredit Blp.ck on account of bias, so that the . substance of tho whole of the fresh evidence placed before tho Court is to show that Black and Jacobs are not to be believed. Nothing fresh has been adduced which relates to the actual occurrence, and the veracity of Coleman is not questioned. It seems to me that if tho whole of tho evidence now produced had been given at the trial, it is doubtful if the decision would have been different." After quoting authorities on tho subject, his Worship refused tho application. No costs wero allowed. . Mr. A. Gray appeared in support of tho application, and Mr. H. F. O'Lcary opposed it.

MATTHEW COOPER DEALT WITH. Matthew Cooper, who on Wednesday last had been convicted of attempted suicide and of assaulting his wile, was brought forward for sentence on Saturday morning. Recently Cooper was before the Supremo Court on a charge of assaulting his wife, and within a brief space of time after his release, ho was again arrested for assaulting his wife and attempting to commit suicide. Between Wednesday and Saturday last Cooper had been under the observation of the gaol, surgeon, who stated that accused • was quits sane. In sentencing the prisoner on Saturday, the magistrate remarked that tho evidence of actual assault was not very strong, but there v:as some evidence that a cup was thrown by the accused in the direction of his wife, and technically he was guilty of assanlt. Accused must havo an uncontrollable temper, and it was necessary that ho be kept under control. On the charge of attempted suicide, he would bo ordered to enter intp a bond of JMO and find two sureties of IC2O each to keep tho peace and be of good behaviour for twelve months. This would ensure protection for accused's wife, so that on tho charge of assault it would suffice if accused were convicted and ordered to come up for sentence when called upon.

OTHER CASES. For assaulting John 11'Eachern, William Whiteside was lined £'A and ordered to pay witnesses' expenses 45., in default, to undergo 21 days' imprisonment. Thomas Elliott, for whom Mr. H. F. O'Lcary appeared, pleaded guilty to charges of drunkenness, and using indecent language on Queen's Wharf. For the first offence he was fined 205., ivith the option of seven days' imprisonment, and for tho second offence a fine of J!3 was imposed, the default in this case being 11 days' imprisonment. James Wilson admitted charges of drunkenness and of procuring liquor during the currency of a prohibition order. On the first charge, he was declared a habitual inebriate, and sentenced to one year's detention in the Inebriates' Home at Rotorua. On the second charge, ho was convicted and discharged. Jtolm M'Eachern, charged with drunkenness, was sentenced to 21 Wlays' imprisonment. John Cameron was fined 405., with tho option of 14 days' imprisonment, for procuring liquor during tho currency of a prohibition order, and on a charge of drunkenness the same accused was convicted and discharged. Patrick M'Gimi, who pleaded guilty to a charge of drunkenness, was fined 10s., with the alternative of 43 hours' imprisonment. One first offending inebriate was convicted and discharged.