THOUGHT HE KNEW

Dominion, Volume 19, Issue 98, 20 January 1926, Page 10

THOUGHT HE KNEW

THE POLICEMAN

CASE OF MISTAKEN

IDENTITY

TOBACCONIST CHARGED

WITH “NOT MOVING ON”

Edward Perry, the tobacconist, of Manners Street, said to be as well known as the “town clock,” knew almost every policeman on the beat, so naturally, when a constable who was passing by said “Move on, please,” Perry turned around and smiled. But unfortunately he was no friend of Constable Adams, and the latter, after a few words, took his name and address.

As a result of this Perry appeared before Dlr. C. R. Orr Walker, S.M., in the Magistrate’s Court yesterday, being charged on summons with failure to move on when requested to do so. Constable Adams, in giving evidence, said that at about 10.45'0n the morning of December 16, he passed bv the defendant, who was speaking with two men in Manners Street. As they were obstructing the traffic witness' told them to move on. The two men obeyed the command, but Ferry looked round, smiling, at the same time givim; a glance as much as to say: “I’m Perry, I am.”

“As the defendant did not move,” continued the constable, “I walked back and spoke to him. ‘Look here,’ he said. “Don’t you talk to me like that, old man. 1’ know the rules of the road as well as you do. Anyway, I’m a friend of the'inspector’s, and things will be made prettv hot for you.' At this stage,” added Constable Adams, “I took his name, and he followed me down the street saying be would make it hot for me.”

Mr. T. Scott iwho appeared for Perry) : I am taken by surprise at these statements, Your Worship. lam really! Why, it’s the first time I’ve heard of these thin,’--. I have two witnesses who were conversing with the defendant at the time, and can bring them forward. For that reason I think the matter had better lie thrashed out fully, so I ask for an adjournment. The police have taken us by absolute surprise.

The Magistrate: Your client might not be.

Dlr. Scott said that Perry was as well known as the town clock. He knew nearly all the policemen who passed up Manners Street, and he smiled at Adams because he thought Adams was a friend of his.

“Is it not a fact,” asked Dlr. Scott of Constable Adams, "that you took proceedings against Perry because he gave you check ? Witness: Yes.

Mr. Scott: There you arc, Your Worship ! To give a policeman check is no offence. He moved on, and so I suggest the case be dismissed. The Magistrate, however, intimated that there was a case to answer, and after conversing with his client, Dlr. Scott decided to go on.

Perry in evidence said he had not heard the constable say “Move on” or he would have done so. "I have no wish to break the law,” lie stated. “A man is a fool to do so. I thought I knew the policeman, and turned around and smiled. However, it was a case of mistaken identity—for he was new to me. Th.e constable then came back and fondly commanded me to get off the footpath. I said,” went on defendant, “ ‘that’s no way to talk to a man.’ He then took my name and address. We had a few words, but I did not say I was a friend of the inspector’s, and would make things hot for him. Neither did I follow him down the street. I simply' smiled and turned around the first time he spoke. That was all.”

The D'lagistrate: What did- you mean by smiled? Did you grin or laugh out loud ?

‘No,” I merely smiled,” said witness, who then demonstrated an attitude of mirth to the amusement of all in coutt.

Witness went on to say that in the afternoon following his words -with the constable, Sergeant Starke interviewed him over the matter. After talking for a while the sergeant said: “I’m afraid I have to make a case of this, Ned,” to which witness replied, “Right O, sergeant, I suppose we are both in the wrong.” Dlr. Scott: You arc pretty friendly with the police, are you not? Witness: Yes, I know nearly all of th era.

Do you know the inspector?—“l might do so.” What’s his name? —“Oh, I’d rather not say it in court.” After Sergeant Lander, who prosecuted on behalf of the police, had subjected defendant to a cross-examination, Dlr. Scott asked the Dlagistrate to dismiss the case. Dlr, Walker said that he did not think the affair was very serious, as giving a policeman cheek was not an ingredient to the charge of refusing to move on. However, he would convict the defandant and order him to pay 7s. costs. “All I know is,” concluded Mr. Walker, “that if a policeman told me to move on I would do so straight away, and not stand arguing with him over the matter.”