THE COURTS-TO-DAY

Evening Star, Issue 17087, 4 July 1919, Page 4

THE COURTS-TO-DAY

CITY POLICE COURT. •'■Prfforo J. R, Bartholomew, Esq., S.M."> D"unkenness.—William Hcm-y Scott Rutherford was fined 10s or 48 horn's' imrmsonment, and a- first offender 20s or 48 hours. Three Charges.—Simon Sylvester Whitty was charged with 'being guilty of disorderly bohaviouv white drunk, with assaulting Sergeant Scandrett, and also with n?iwj obsccr.o lar.gtui.ffe. Mr Irwin appealed for accused, who pleaded guilty.— Tbo Snb-insj>e<4o.T said that sine accused was remanded ho had boon medically examined, and the doctor reported that he was a toot who should not take drink. The charees arose out of a drunken row on the Anderson Bay road on Satttrd'ay last. Accused. when spoken to by the Serspeant, used b.:d language and assaulted him 3 , though not severely. Accnsad was in a bad way as the result of drink.--Mr Irwin .said that accused wtas a soldier, who bad an injury to his head. He had only been back four weeks after two years' service.—His- Worship said that, in view of the medioal report, he would deal with accused in a sneoial wav. On the first chaise ho would bo convicted and di-3-chafed. On the other two charges he ! <wcu,ld he convicted and ordered to come up for sentence any time within 12months, and a prohibition order would bo issued ogarinst luim. He would also be ordered_ to pay expenses (£1 15s), or 14 days' imprisonment. By-laws.—Alfred Charles Lena, for allowing the cbirrnov of i;is premises to get on fire, was fined ss, without costs.—Chas. Dickens Jo'lly, for riding a motor cycle on the wropg side of the street, was fined 10s land . costs (7s). —Benjamin Sparrow, for leaving « car in Manse street without light ws "Wd 3 n s and costs W ; Henry Walker, for permitting the chimney of his premises 'to bo afire, was fined 10s and costs (7s). A Low Blackguard.—Henry Ernest Foote pleaded not guilty to having indecently exposed himself on the Town Bolt on June 29; but guilty to having resisted Constable Macartney and dlaraaged bis coat on the same day.—Sub-in-srector Mnthieson said there had been a system of exposure going on in the neighborhood for two yeans, and the police could prove that the accused for two months had gone out on Sundays and taken up a similar position to that in which he was ca-usrht on this occasion, and had exposed himself within vie-v of the kitchen window of Mr A. S. Patorson's res'rdenoe. Constable Macartney was called on the present occasion, and witnessed the exposure. He arrested accused, who resisted on the, way to the station, and escaped into his houipu. Constable Maoartnev followed, and at the top of the stairs Foote turned and d'oliherately kicked the constable in the face.—Evidence was given by a veiling girl in service and by the constable, who stated that the man -was in the habit of climbing' into a tree opposite the kitchen window. —■ Accused stated he went to the locality to get empty whisky bottles for sale, and denied the charges. He further stated that he was a married man with 11 children, and that he had got away from the constable to go and see his wife quietly.—He admitted convictions for breaking and'entering. theft, drunkenness, etc.—The Sub-in-spector said the man neglected his family. Ha waa employed by the corporation, and received PA lis a week. It was true there were 11 children.—The Magistrate, in convicting accused, said the evidence was conclusive. The man was a degenerate. He would bo sentenced to 12 months' imprisonment, with hard 'labor, on the major charge, and would be ordered to pay the damage done the constable's clothing (£6), in default one month's imprisonment. Charge of Assault.—Maurice Heslip was charged with assaulting John Baker and George Merry. iMr Hay defended.—John Baker, laborer, residing in Wilkie road, eaid that at 10.30 on the night of the 14th of June he saw accused speaking to his daughter, who was 20 years of ago. He told her to go home, which she did a few minutes later. He remonstrated with her, and they had a. bit of a row in the house. Accused then opened the door. He had a broom in his hand and made a ■ick at witness but missed him. He then made a smack at Merry with his fist. He next struck witness on the face with his fist, and after a ttibslo they both fell. Accused men got up and kicked witness on the jaw with his hoot. Accused then iisuppenred. He returned later with five or six_ other fellow 3. Mrs Merry, the occupier of the house, opened the door. Accused made to attack him, but Mrs Merry stood between them. Mrs Merry sn id she would scud for the police. Accused said she could not as the house was surrounded. Constable Porter eventually arrived, but accused and his com panions had disappeared by then. —Crossexamined : His daughter screamed and called out "Help!" just before accused appeared at the door. Witness simply .shook his daughter by the blouse. He did not, catch hor by the throat and push hor up against the wall. His daughter left the house that night. Ho never caught hold of accused and threw him. Merry was not assisting witness in the backyard to give accused a hiding.—Dr Evans said he examined George 0. Morry on the night of the 14th, at the request of the police. He was then recovering from slight concussion of the brain. Witness could detect no smell of alcohol on him. One eye was completely occluded, and there were other injuries. Witness also enumerated injuries he found upon Baker. This man was sober.—Merry gave evidence largely corroborative of Baker's. Witness stated ho went to bring the police and in the street accused assaulted him, striking him four times, and knocking him half silly. Accused then seized him tiiid dragged him back to the house. He was off work four days after the encounter. —Matilda Merry said the accused first expostulated with Baker for calling his daughter names. When her son George came back his face waa not recognisable. Accused came in with him and was going to tackle Baker .'■gain, but she got between. Other men pushed into her house after accused, to prevent the police being summoned.— Robert Bryant said he saw .Merry swing round in the street as if ho *,vas going to hit accused, who then struck him. Ho did j not see accused strike Baker.—Constable j Porter said that when he arrived at the i house, Merry was lying on the sofa nn- | conscious.—For the defence, Mr Hay said j that accused was taking the young woman i Baker home from a dance when they ni. t i her father, who found fault with h;s | daughter. The girl decided to leave the house and went for her clothes while accused stood outside the gate. The next | thing the young man heard were screams I ana cries 'for "heln." He went to the I door and heard Baler call his daughter j names. He had her up against the wail, ■■and Mrs Merry was assisting him. Accused separated the parties, and Baker, who was in an excited state attacked accused. Merry assisted him and between the two of them they had accused down. The latter had to struggle and hit out to get clear of them. Accused then got some friends and returned to the house fotf his hat. Nothing in the way of a fight then took place.—Counsel then called evidence, j (Left sitting.)