“MR HAMMERLY, PLEASE”

Evening Star, Issue 19550, 7 May 1927, Page 11

“MR HAMMERLY, PLEASE”

“ILLUSTRIOUS “INSPECTOR WARNED FINE INCREASED BY REQUEST “Here again I’' John Frederick Hammerly answered the clerk’s call in the Police Court yesterday afternoon. “I won’t be here,’’ he had assured the court when the case was adjourned from the morning, but when Mr H. W. Bundle, S.M., took the bench Hammerly was present to defencl_ a charge of opening nis shop on a holiday. “I object to your presence on the bench, your Worship, announced, defendant. The Magistrate: Proceed, Mr Lightfoot 1

Mr G. H. Lightfoot (of the Labor Department) explained that on the day previously Hammerly had been given notice that he could not keep his shop open on Anniversary 'Day. Hammerly had got into an argument with the inspector. “No argument, please.” interjected defendant.

Mr Lightfoot continued that Hammerly had kept his shop open. He had informed the speaker that the Mispcctor had said he could keep his shop open. Defendant might have misunderstood the inspector. Hammerly: I did not. Claude William Williams, an inspector of factaries, said he had called on Hammerly and informed him that the following day was Anniversary Day Defendant said he was entitled to keep open. Witness told him he had a good argument according to the ordinary layman’s point of view, but if he opened next day he would be proceeded against. Hammerly was not present when witness called on Anniversary Day and found the shop qpen. Tn reply to defendant, witness said he had told him that ho (witness) was satisfied Annjversary Day was a 'holiday. According to one clause in the award. Hammerly had a good argument. THANKS FOR CORRECTION Defendant asked a question about a previous matter, but His Worship ruled it out. Hammerly: Thank you for the correction. Defendant (to witness'): On that occasion you were called on by Mr Gardiner? The Magistrate I won’t allow any questions on that matter. Defendant: I am not asking any questions. The Magistrate: Well, I won’t allow any statement. Defendant: Thank you! Charles Robert Gardiner was called as a witness by defendant. He said he was employed by Hammerly. _ He was present when Mr Williams visited the snop, and he heard a “ good bit ” of the conversation. What were Mr Williams’s final words?—He said he thought you had a good argument, as you had closed on .the occasion of the Duke’s visit. 1 Do you remember my taking, the inspector into the back room where the award is affixed to the wall?—Yes. Do you know what I took him there for?—To show the difference between the holidays. Did you hear the conversation that T had a good reason for opening the shop?—Yes. Not only that, he told me on Anniversary Day that he thought you had a good argument between the two holidays. 1 told him: “You know wo shut on Duke’s visit day?” and ho replied “Yes.” Do you know of any other shop in Dunedin onen on Anniversary Day?—l have just heard of one. Defendant: So did I. Mr Lightfoot: Did you hear the con-versation?--Just enough to satisfy mo wo. could open on that day. Did you hear the inspector tell Mr Hammerly that if he opened he would hare to prosecute him?—T could not eay. A LOT OF FUN. The defendant stepped into the box. “My name is John Frederick Hamtneny, a butcher, carrying on business in King street, and I have had a lot of fun since 1 have been there,” was his opening statement. “On the day preceding Anniversary Day that gentleman (Williams) called at my shop. He had called on a previous occasion, so I was told by the late witness, and one of these (holding- up the butchers’ award) was left. It was put in the premises and is there now. On the day preceding Anniversary Day the honorable gentleman called again, and, inter alia, mentioned that I would have to close my shop on Anniversary Day. Tasked him why. He said it was one of the specified holidays according to the butchers’ award—in company with Charlie Samson and a few more others. I asked his opinion on keeping the shop open, seeing that I had closed it on the occasion of the Royal visit. I asked him if he was conversant with the whole of the award, and he said he didn’t know very much about it. “ I took him into the ante-room at the back and showed him a copy of this, your Worship ” (producing the award), said defendant. “ Clause 6 specifies among davs as holidays Anniversary Day. Sub-section B reads: ‘lf any day shall he generally observed as a holiday in lieu of any of the abovementioned holidays, such day, for 'the purposes of this award, shall be substituted for the specified holiday.’ I asked his interpretation of the clause. He was fogged, and did not know much about it. He read it through four or five times, and then I gave him my interpretation of it. Further in the nwnrd, clause 10, sub-section B, reads: 4 All shops mentioned in the preceding sub-clause shall he closed from the hour of 7 a.m. on those days set out as holidavs or davs observed in lieu thereof.’ AT HIS' WORSHIP’S DISPOSAL.

After discussing the question whether or not I had legal right with the illustrious govil'-eman we adjourned to the shop where the meat hangs,” continued defendant, “and his final words were: ‘ I think you are safe to open your shop on Anniversary Day.’ “And here I am at yonr Worship’s disposal.” Mr Liphtfoot; Now, Hammerly “Mr Hammerly, please. I’ve already told you that, Mr Lightfoot,” warned the defendant.

Do you know that other butchers closed on Anniversary Day?—l don’t associate with them. But that is no answer.—You are getting my answer. I don’t want you to sidetrack me.— I would not sidetrack you. Were the other butchers closed?—l don’t know and I don’t care

You did?—Yes, and you know I did.

I will take your word for it.—Why, I you told me you knew. j Mr Hammerly, is it not possible that i you, suffering from deafness, made a 1 mistake of what the inspector told i you ?—I took the same precautions as 1 I am taking now. i Don’t you think it would have been | on act of courtesy on your part to have rung me that night and asked for ; my interpretation of the Act?—lt was' rot possible. The Inspector left my ' shop about 6, and you would not be in the office then.

That is not correct.—My word, don’t I know it!

I have been there late for you.— Yes, after T had three illustrious letters from you. Tam not illustrious. Ijto you know how many awards are operating?—l leave that to you. ■

Tn any case. Air Hammerly, you got the award?—T did. Between red tape and inspectors it is a pretty hard job to keep floating. Air Ligbtfont held out, his hand, to take the award.

“Just allow' me! 1 have got the paper pow,” said defendant.

“I.don’t know,’ replied defendant to Mr* Lightfoot’s reauest for his interpretation of a clause. Mr Lightfoot; In that case, I will leave it to His Worship. The Magistrate said it would be exceedingly strange foi Mr Williams, with his knowledge ot awards, to say defendant was safe in opening. He accepted the inspector’s statement that he said the defendant had a good argument to the ordinary claim of not closing. “That will do,” commanded the magistrate when Hammerly made an interjection Hammerly: Thank you 1 Thank you * Mr Bundle continued that there was no question that defendant had some idea in his mind, but it was certainly The felt) not supported by Mr Williams. He treated it as not a serious breach. Defendant would he convicted and fined Hammerlv: Fine me £5 Is and give mo the right to appeal “ Ten shillings,” continued the Magistrate, who then added: “Do you want it increased?” Hammerly; Yes, but not a tenner this time. The Magistrate: £5 Is. Hammerly: T will go to the Supreme Court this time “ That will do,” commanded the Magistrate, and Hammerly departed quietly.