POINTING A PISTOL AT A POLICEMAN

Dominion, Volume 11, Issue 215, 30 May 1918, Page 6

POINTING A PISTOL AT A POLICEMAN

WATERSIDE" WOIUvEB CONVICTED.

Before Mr. W. -3. Riddel], S.M V in the Magistrate's Court yesterday Carl August Peterson, a waterside worker, was charged that on. May 20 he did assault a Chinaman named Slnim Hoy, mid on the same date did assault Robert: Binns, a, police constable, while in the execution of his duty. Mr. H, I , '. O'Leary fippeared for the defendant. Shum Hoy said he was the owner of a laundry in Webb Street, and tho defendant lived by himself in a cottage at the back of the laundry. There was a gate beside the laundry which gave access to defendant's place. On the (late in question, about 1 p.m., the defendant returned home—the gate was locked, and defendant came to the shop and asked witness to open the gale. The latter replied that he had his own key, and with that defendant began to pwcar. Witness opened the gate, and was called names by tho defendant. Witness protested, and was knocked down. Later on, witness heard the report of a revolver, and on looking through tho kitchen window he saw defendant at tho back door in the act of putting his hand into his pocket. .About 7 p.m. tho defendant threw a boer bottlo into the shop, and a little' later a second bottle was thrown into the blioj>. AVitness then went for a policeman. Tho bottles were thrown into the shop from Webb Street. Another Chinaman guvs corroborative evidence.

Constable Binns stated that in consequence- of a complaint made to him he went to defendant's ■ house and knocked at the door. The defendant opened, the door, and then asked who was there. He had a lighted candle in one hand and a revolver in the other, which ho pointed at witness. When witness replied "Police," the defendant lowered (lie revolver. When asked why he pointed 'the revolver he said he was not going to be murdered by Chinamen. When examined, the revolver was found to be loaded in two chambers, and thera was an empty cartridge shell in another chamber. It was dark at the time, and the defendant might not havo been able to distinguish the uniform A constable who was in plain clothes, and who accompanied Constable Binns, gave corrobontivp evidence.

The defendant, in his evidence, said he was a wharf labourer, 61 years of aje, and had lived by himself at 53 Webb Street for the pnsl: (our years. The Bate that he found locked was the only entrance to his premises. When ho asked the Chinaman to open the gate, the latter abused him. and said he had a key of his own. The gate was nniocked by Shuni Hoy, and when pushing , it open it knocked the man over. Shiim Jloy then called some of his countrymen, and witness went away to his house. When the police called at his place in Iho evening it was dark, and when ho heard the knock he thought it was the Chinamen coming for revenge. Ho nicked up his revolver, which he had been previously cleaning, and went: to the door. He could not see the policeman in uniform, but he saw the one ia plain clothes. As soon as ho knew ib was the. police he put the revolver away.

The Mnirislrate held that the defendant should be convicted on both charjres. The assault on the Chinaman was not a serious one, but the pointing of a loaded revolver at the constable was a serious matter. Ho might have been afraid of 'he Chinamen, but that did not justify his action. For assaulting the Chinaman he was fined £1, in default seven, lays' imprisonment, and for the assault on tho constable lie was fined £2, with the alternative of fourteen days' imprisonment, and he was also. ordered to pay the expenses of witnesses.