OUTBURSTS IN COURT

Evening Post, Volume CXVIII, Issue 106, 1 November 1934, Page 15

OUTBURSTS IN COURT

D.J, BICHAEDS AGAIN

FINED £10 FOR CONTEMPT

Frequent interjections and torrents of abusive language in the Magistrate's Court today from David James Richards, aged 54, a retired professor, caused Mr. E. Page, S.M., to. fine him £10, in default 14 days' imprisonment, for contempt of Court. .. Richards appeared to answer two charges of being in arrears of maintenance and was sentenced to one month's imprisonment on each charge. ' Tho charges against Richards were that he had made default in payment of maintenance of his wife, being £18 15s in arrears to' September 9, and that he had defaulted in Ms child's maintenance, being £5 5s in arrears to the same date. Aakcd how he pleaded to tho charges, Richards replied that all tho moneys were paid. Mr. R. Hardio Boys said that he appeared on behalf of the wife, whereupon Richards began to shout abusive remarks about his wife and her solicitor. THE; FIRST WARNING. Air. Page: Be quiet! Unless you behave yourself in this Court \l'll have to punish you for contempt. I'm not going to havo any sort of behaviour like that. Mr. llardie Boys said that Mr. W. F. Stilwell, S.M., had carefully reviewed the positior. of the two maintenance orders against Richards and on August 3 had given a decision suspending the arrears for three months and reducing the amounts payable under both orders to a total of £4 per week. Since those orders became current £64 had fallen due to last Monday and until yesterday only £24 had been paid. That constituted disobedience. Richards: There is no disobodienoe, man. What are you talking about? ■" Mr. Hardio.. Boys continued that a disobedience summons had been issued in September but service of it could riot be effected because the defendant would not reveal his whereabouts and it was necessary to apply for a warrant for his apprehension. Richards:. Look, young, man —— Mr. Page: Be quiet! "The .warrant was executed yesterday," said Mr. Hardie' Boys.- ' ■ , Richards: Yesterday I'was kept in gaol until the Minister of Justice ordered me to be released, • sir. Mr. Page: Bo quiet: Richards: Ilam going to have a blood test made of this child to prove it is not mine. Counsel .said that'1 the warrant for Richards V arrest was 'executed yester-. day, shortly after £16-had been paid to his office by the defendant's,solicitor. That represented the balance" of the amount for which the warrant had been executed, so that at the moment the defendant was owing no money in respect of that information, but counsel submitted/that the offence was complete at the time ■ the defendant failed to. pay the money. Counsel did not desire that the distress under which the defendant laboured should be any more acute, but ho submitted that Richards should disclose to the Court his place of residence, and that it was not proper that the wifa-should havo to issue' proceedings; uriloss the defendant was held responsible for'the costs. ' - ANOTHER TIRADE. ", Following . another tirade by Richards, the Magistrate warned Mm that he was not going to have any more interruptions, and he would act if the defendant-interrupted once more.■■..'.' 3! want you to understand quite clearly rthat I am not going to have the Court turned into a bear garden," he said. Formal proof of the arrears owing and of their payment after the issue of the information was given by Harold Worthington, clerk in tho Magistrate's Court. Both orders were thus satisfied until September 17, arid Richards was still six weeks in arrears, he said. Ho was required to pay £3 2s 6d a week for his wife and 17s 6d a week for his child. Eight previous informations had beon laid in respect of the wife's maintenance and seven .in respect of the child's. The Magistrate replied to' a fresh outburst by Richards by directing the police to place him under arrest. > He was allowed to remain in the dock".

Harold S. Sivyer, a law clerk, said that he had applied to the defendant's solicitors for his address, but they told him that he left no fixed address,1 and they were unable to got in touch with him when they wanted him. ■. ' Giving evidence on his own; behalf, Richards said that most of his income came from second mortgages, and one was lucky to get anything at all from them. The money he did receive came in irregularly. He was heavily in debt at the present time; and half of his income went to pay off those debts'. He had been living on £1 a week for many months. . • ' "I can't understand why I was not brought before the Court when I was arrested yesterday," he said. ''I can't help thinking• that it is an 'injustice. I was locked up in gaol all day .yesterday." Cross-examined by Mr. Hardie Boys as to his place of residence, Richards steadily refused to givo an address. "It seems to mo clear that there has. been a wilful default in the payment of the two orders in respect of which the charges are laid," .said Mr. Page. "The ..evidence is that there were eight previous informations in respect of his wife and seven in respect of the child. ... I propose on each charge to sentence the- defendant to one month's imprisonment, and X will, direct his release on payment of the arreaTS to date.

"In respe-ct of the contempt of Court of which ho was guilty- he will be fined- £10, in default 14.days' imprisonment," concluded Mr. Page. "I can't pay it," Eichards' protested wildly, and* two . policemen dragged him. from the dock to the accompaniment'of his shouts of "damned injustice" and "damned swindle."