AFFRAY AT OPOHO

Evening Star, Issue 18808, 5 December 1924, Page 6

AFFRAY AT OPOHO

THREE MEN CHARGED. hammerly irrepressible in COURT, FEMALE witness collapses. An apparently desperate affray at Opoho on November lo resulted meu appearing betord iMr H. W. Bun e, SM. in Ute Police Court to-day. Two defendants named Bobbett and M‘Donald wore charged with lighting each other in a public place, and a third (John Frederick 1 Hammerly, a prominent figure in tho. Police Court of late) had £o\uui charges against him. Sub-inspector Fraser prosecuted. Arthur James Bobbett was charged with fighting with John 1 ledenck Hammerly in a public place (Opoho roadb Angus M’Donald was charged with fighting with Bobbett, and Hammerly was charged with fighting with Bobbett. Bammerly was also charged with assaulting Williamina Jean Brown Bobbett, with using indecent language on the Opoho road, with using insulting words within the hearing of a person m Opoho road, and with driving a motor delivery van at a dangerous speed across the intersection ol George and St. David streets When Angus M’Donald was called he did not plead, but asked for an adjournment, on the ground that his son (who witnessed the affair) was at Tarras. Sub-inspector Fraser; Ihe police luc prepared to go on. M’Donald, who is also one of tho’defondants, was served at Tarras last Tuesday morning. ’ McDonald pleaded not guilty. Hammerly’s name was then called. Ikasked ior an adjournment on the same ground as that offered by M Donahl. Bub-inspector Fraser said bo preferred to -go on with the case. One of his witnesses was in a, delicate state of health, and the sooner tho case was dealt with the better it would bo for her. Then all his witnesses were in court, and, thirdly, an attempt had been made to pay the witnesses not to come to court to give evidence.

Hammerly said that tho police had allowed his witness to go out of town without having been told of these charges. Ho bad other witnesses, but they wore not present. Tho Magistrate: Well, they should be hern.

Hammerly : I (old them not to come. The Magistrate: You bad no right to do that.

Hammerly said he was entitled to an adjournment. “The thief and the murderer can claim it,” he said, “and are entitled to it..”

“It is a monstrous statement,” Hammcrly declared vehemently a few minutes later, “ that the. police make when they say I bribed witnesses not to appear. If they ran prove, that I will give £IOO to the Dunedin Hospital to-morrow !” The Magistrate: Hammerly, just be quiet! Hammerly pleaded not guilty to assaulting Williamimi Joan Brown Bobbett. He was then charged with using indecent language in Opoho road. He elected to be tried by jury. “In view of recent decisions in this court,” he said, “I am compelled to go to the Higher court to be dealt with by my countrymen.” Hammerly was then “stood down” to allow shorter eases to be dealt with. The sub-inspector, by whom lie was standing, must have, said something to him, for the next instant, his loud voice rang over the court: “I won’t! Yon keep your tongue to yourself! You arc not my dictator.”

On the, suggestion of the magistrate Hammerly was escorted by the court or derly to the. witnesses’ room.

In connection with the speeding case, Hammerly asked for an adjournment on account, of his witness's absence.

.Sub-inspector Fraser consented to this. Hammerly (to the court); (live us till over the New Year, and we will have all next year to think about it. Tlio Magistrate: Kindly use proper respect when you are addressing the court, Hammerly ! Hammerly pleaded not guilty to all charges. The one of using indecent language was first taken. THE POLICE CASE.. The, Sub-inspector then proceeded to outline the, police ease. lie said that on November 15 Hammerly undertook to remove Mrs Bobbctt’s furniture from Caversham to Opoho. Defendant, used some insulting language to Mrs Bobbett when the first load was taken. At 8 o’clock he arrived with another load, and was again rather insulting. Bohhott ordered him out of the place. He went out. and invited Bobbett to come out and fight. For a while Bobbett did not take any notice,, but eventually Hammerly started trouble. Hero Hammerly interjected. “I must check the sub-inspector,” he cried, “ if he tells untruths!” •The Sub-inspcetor, continuing, said that Bobbett got kicked on the head, and a fight ensued. (More interjections from Hammerly, and a command for him to keep silent came from the. Bench. ‘‘lt is pretty hard to keep silent,” said Hammerly. The. Magistrate: You will either keep silent or you will be made to. Hammerly: ..It is for you to make me. keep quiet, your Worship. The Sub-inspector then called His first witness. ‘‘Come away from the witness,” shouted defe.nda.nt. “It is not the, first time this whispering business lias gone on !” The Magistrate again called defendant to order, with some, difficulty, reminding him that any request should be made to the court. Hammerly: I am going to have my say! The Magistrate (to the orderly): Take this man down to the table. Stand at the side of him and make him keep quiet ! Williamina Jean Brown Bobbett said she first met the defendant about three weeks ago. On November 15 she made arrangements to have her furniture removed from Caversham and. Musselburgh to North-cast Valley. Her brother said Mr Hammerly would do the work. Her brother was a partner with Hammerly. About 3 o’clock Hammerly arrived with the first load of furniture. She gave some instructions to Hammerly, who made use of some insulting remarks. About 5.15 Hammerly arrived with the second load, a man named APDonald accompanying him. About 8 o’clock a third load came, and she had occasion to speak to_ Hammerly with respect to two cases which ho had npt brought. Spoken to with regard to these, Hammerly said: “ No, madam, I have done enough work for one day.” Witness told him he had promised to bring it all that night. She said her husband worked hard, and had to go to work early in the morning, and she could not expect him to go to work without tea or anything to cat. Hammerly replied that lie knew it was not fair, but he could not help it. Ho asked what was in the. cases, and sho said he had no right to ask the question, and was not going to tell him, as ho had a, “ cheek " to ask. Her husband then came on scone, and Hammerly said to her: “You are a nagging old cow, and if I hod you for a week I'd dash your brains out or keep your tongue qufet.” Her husband said : “ This is my wife, Hammerly ; I won’t have you insulting her.” Hammerly w»s < then ordered off the premises, but hesitated, and her husband touched him on (he shoulder and told him “ to get.” Hammerlv wont out to the street, got into the van, and put some of the furniture cut on to the street. Before doing that, ho used indecent language to her husband. Witness then wrote on a- piece of paper the language she alleged accused had used. Accused, who saw the paper, complained that witness hod abbreviated, and that what he saw might represent such words as “blooming” or “breathless.’ Witness went on to say that Hammerly knocked some furniture out of the van with his foot. While her husband was bending down to pick up some furniture Hammerly caught him on the ear with his foot." Her husband said: “ I’ll fix you for this, Hammerly.” Hammerly jumped down and asked her husband to "fix him now.” Witness described further

language that was used when Hammerly called on her husband to fight. Hammerly rushed nt her husband and caught him a blow. She had hold of her husband’s bell, but he asked her to let go. She did so, and her husband gave him two blows which sent him into the gutter. Her husband assisted Hammerly to rise. Hammerly said he was not dead, made use of further bad language, and kicked her husband.

At this stage the sub-inspector complained that it was not becoming to bo addressed by Hammerly as “ Donald.” His Worship pointed out to Hammerly that Mr Fraser was prosecuting as a police officer, And had to be addressed as “ Subinspcctor” or “Mr Fraser.” Witness stated that she herself was hit on the breast by Hammerly. She fell down, but recovered, and when she' got up she saw two men at her husband. A young fellow was hitting her husband now and again, while Hammerly was algo striking out. When Hammerly wont down again the young fellow lashed out at her husband. ' The young man’s name was jM‘Donald. Witness tried to catch bold of the young fellow McDonald, but Hammerly dragged her away. She told- Hammerly that bo was “ a mean wretch,” and that ho couldn’t, fight her husband on bis own, but had to get a fresh man to help .him. Hammerly throw her from hint, and she collapsed. Gross-examined by Hammerly, witness said she first saw him about three weeks prior to the day of the removal of tho furniture. She made the arrangements for shifting the furniture with her brother. Witness was further cross-examined at great length on what happened prior to the shifting of the furniture. The cross-examination was proceeding when Dr Fitzgerald arrived to give evidence as regards the alleged assault. Hammerly, who had previously elected that the cases should be beard separately, objected to the evidence being taken. The evidence was not taken, the magistrate expressing regret to the doctor for the waste nf his time.

At one stage tho magistrate pointed out to Hammerly the impropriety of addressing the sub-inspector by Ins Chris tian name.

Hammerly proceeded with his crossexamination. with frequent instructions from tho Bench to confine himself to relevant questions. Ho mentioned that ho was forced to this desperate crossexamination by what he termed the malicious prosecution brought against him by the police. At 12.45 he had not reached the stage at which the language was said to have been used, though the witness had been giving evidence for a very considerable time. Tho witness then collapsed, and the court was adjourned till 2 p.m. .