“UP AGAIN”

Evening Star, Issue 19549, 6 May 1927, Page 6

“UP AGAIN”

SAMMERLY GRANTED REHEARING CASE TO BE HEARD BY JUSTICES On February 22 last the ex-detectivc, John Frederick Hammerley, was convicted on a charge of having behaved in ■\ disorderly manner in North-east Valley, defendant having failed to put in ■in appearance in the afternoon when the case was finally disposed of. This morning Hammerley applied to have a rehearing. He also found two other charges against him—that of behaving in a disorderly manner on April 2, and a breach of the Shops and Offices Act. Hammerley, who was attired in a dnstcoat, walked into the court shortly after the proceedings commenced, and after an exchange of salutations with some of the members of the Police Force, deposited a small volume with emphasis on the court orderly’s table, and later took up a position between the sub-inspector and Mr Lightfoot, the inspector of shops and offices. When his name was called Hammerlev called out “ Present.”

The Magistrate (Mr H. W. Bundle), after perusing the affidavit made by defendant, said he was prepared to grant the request, providing Hammerley paid the expenses. Hammerley: If you will condescend to read the affidavit, your Worship, you will see that there is one witness who is prepared to give evidence on commission. Defendant said he had not asked he'r to do so ; but she had written to him after receiving a copy of the newspaper containing particulars of the charge. The /'witness was in Melbourne, and he asked that her evidence be taken on commission.

The Magistrate; That cannot he done

Hammerley; It can be done, ' your Worship. It has often been done, and I havo_ received advice from a “ higher authority ” about the matter.

The Magistrate - The application for a rehearing is granted, on condition that costs amounting to 30s i.re paid and that defendant proceeds with the case on the day fixed by the court. The evidence could not be taken on commission.

Hampic-rley: I’ll get another opinion about that.

The Magistrate . The defendant wants another magistrate to hear the charges. Is is not for any defendant to say what magistrate should deal with_ a case, but owing to the peculiar position the cases can be beard by justices of the peace on Tuesday or Thursday next. Hammerley: That will not suit me. The Magistrate; The'case is sot down for Thursday next.

Hammerley: I will not he ’-ible to get my evidence' on commission hv that time. I have to tell your Worship that I have a ruling from another quarter. The Magistrate: That’s enough. “Up again!” announced Hammerley a few minutes later, when his name was called to answer a charge by the Inspector of Factories that ho failed to close his butcher’s shop on a holiday. ■ “Not guilty,” ho replied. “I acted under the instructions of Inspector Williams.”

The Magistrate: “Stand down.” At 1 p.m. the court was rising for lunch. Hammerley stepped forward. “ Your Worship, may I speak in reference to that case?” he asked.

The Magistrate: The case will stand down to half-past 2. Hammerley’s voice thundered : “ This is a very busy day.” The Clerk: Court stands adjourned. “This is my busy day, njul I won’t bo hero,” Hammerley declared as the magistrate left the. court. Turning to Mr Lightfoot, he said; “ Your man told me that I could keep open all day, and this is what I get.” Leaving the court noisily, Hammerley’s last words were “ I won’t be here.”