HAMMERLY IN COURT

Evening Star, Issue 18809, 6 December 1924, Page 4

HAMMERLY IN COURT

INDECENT LANGUAGE ALLEGED. REMANDED ON BAIL, The Police Court (Mr H. W. Bundle, S.M., on the bench) was engaged practically nil day yesterday in hearing the charge against John Frederick Hamrnerly of using indecent language in Opoho road on November 13. In the afternoon Hamrnerly continued his cross-examination of the witness Mrs Bobbett. “ I shall ask Sergeant Boulton,” he said, “ to go away from near the witness. I was told after I left the court tin's morning that he was nodding to the witness and letting her know when to say yes and when to say no.” The Magistrate to Sergeant Boulton : “ Stay where yon please, sergeant.” The cross-examination proceeded until Hamrnerly was heard saying to the. subinspector ; “ Please don’t interrupt me, and we will get along swimmingly.” Accused continued to question witness on points of detail. Tfie witness was showing the effect of the lengthy crossexamination, and another collapse seemed likely. The Bench eventually interrupted. The Magistrate : If you consider this fair examination of a woman in such circumstances as this, then all I can say is that I am sorry for you. Haramorly : And I am equally sorry to see her here.

The Magistrate : Don’t talk hack to me, Hamrnerly : No, sir. I will not, sir.

The Magistrate : Get on with your ques tinns.

At last the cross-examination came to the period in question. Witness said her husband said to accused : “ She is my wife, and you are not going to insult her Get off my promises.” Did your husband lay his hand on me? The Magistrate : She has already said that her husband touched you when he addressed you.

Hammnriy : I asked the witness the question, not the court. The Magistrate: “I don’t think yon fully understood your position, Hammer! y—■—”

Hamrnerly : I do, sir; I do. But she is the witness at present. Tlie Magistrate : You had better withdraw that remark.

Hamrnerly : I will do so, and apologise to Die court if

The Magistrate : You will withdraw it unreservedly. Hamrnerly : I will, sir.

Witness, continuing her answers, gave evidence much on the lines of that of her e.vidence-in-chiof. She repeated her remark that Hamrnerly kicked her husband on (he oar. He then came down from the van and the fight started. Later the younger M‘Donald came into it. In further reply to Hamrnerly witness said there wore a lot of pbnplc gathered about who could have seen the other young man hit her husband while ho was also fighting Hamrnerly.

His Worship asked Hamrnerly if he had not- completed his examination, and Hammorly said he wished to ask a few more questions about the furniture.

His Worship said he would not_ allow them. Hammerly had had every privilege and had rather abused it. Hammerly : I am sorry if T have abused any privilege your Worship has given me.

The next- witness was Isabella Rachael Scott, a widow residing in Opolio road. At 8 p.m. on November 13 she was standing at her front gate. The accused was outside Bobbett’s gate, and was challenging Mr Bobbett to come outside. Robbett was ordering Hammerly off tile premises, and Hammerly was using filthy language, a sample of which witness wrote on a pieco of paper. Hammerly psed the language repeatedly. To Hammerly witness said he came to her homo the day before the occurrence and walked right in to her place with some linoleum. The linoleum was not for her. She wished she hadn't seen him. She was certain the language was used by him. Hammerley asked witness if she had said to Bohbett not to hit Hammerly as lie (Hammerly) had laid linoleum for Robbett.’s wife the night before.

Witness; No, I didn’t. His Worship: The question is disallowed.

William Henry Hall said be was upstairs in his homo in Opoho road and saw accused shifting furniture into the house next door. Ho was taking some in by the gate and putting some over the fence. Witness heard Bohhett, ordering three men off the premises—accused and two others, who were assisting. Later witness heard accused use the language which was complained of, Mrs Bobbett being present when it was used.

To Hammerly: Ho was sure it was accused who used the bad language, be cause be knew accused’s voice.

cause he knew accused’s voice. Charles Edward Scott, a painter residing at 8 Opoho road, said ho heard indecent language used by Mr Hammerly. Bohhett was on (he footpath and Hammerly on the road. Ho hoard the language used during the fight. Witness was subjected by Hammerly to a short cross-examination. Arthur James Bohhett, a laborer residing at 10 Opoho road, gave evidence on much the same lines as the evidence of his wife. He said the trouble started through the way in which Hammerly was handling the furniture. Cross-examined, witness said his name had not always been Bohhett, It had been since the war broke out, and that was his proper name. What other names have you been known by ?—Smith. Where were you known as Smith ?—All over the, world. Why did yon go under the name of Smith 7 The Magistrate; Yon need not answer that unless yon want to. Have you had any other names besides Bohhett and Smith ?—No. Yon ordered me off the place,?,—Yes. Yon did not kick mo as I went out the gate,? ■Witness dirked his tongue in disgust. “ I never kicked a man in my life." And did I kick yon ? —Yes, you did, twice. Hammerly then -went into the box. Ho said ho had a number of wituossrs, whoso evidence ho wanted taken. It was the first time in his years of court experience that an Adjournment had been refused in such a. rase as this. The Magistrate; Your experience must he very limited, then. He continued to talk, and a police officer was instructed to silence him. , The Magistrate: It is tt pity you are not gagged while you arc conducting your own ease! Hammerly: I don’t know what you mean. The Magistrate: You ought to know. Hammerly was remanded formally till December 12, when a further remand will ho asked for till December 15. Bail was fixed at £SO. The Sub-inspector inquired when bis Worship would deal with, the other charges. His Worship: I am not going to pnt Mrs Bobbett in the position of being crossexamined by this man again. His 'Worship (addressing Hammerly)-: “You can fj.ee the condition this women is in. If you have any manliness in you you will consent fo putting no further questions to the witness.” Hammerly: But I won't. 1 have my reasons. I have as much manliness as any other man in this court. His Worship suggested, and Sub-inspec-tor Fraser agreed, that it might be possible to hear" the further charges without calling Mrs Bobbett. His Worship : Cases adjourned till De-