HAMMERLY ONCE MORE

Evening Star, Issue 19583, 15 June 1927, Page 8

HAMMERLY ONCE MORE

CHARGE OF INDECENT LANGUAGE PREFERRED ~ ACCUSED WANTS JURY TRIAL John Frederick Hammerly made another appearance before the Police Court this morning, the charge on this occasion being that ho had used indecent language in High street on June 3 last. Hammerly vehemently denied using the language, and elected to be tried by a jury. Mr J. R. Bartholomew, S.M., Jjeard the case. “Right here!” exclaimed Hammerly, when the charge was read. The Magistrate: That is not the proper way to corao into court. Just conduct yourself properly, Hammerly! Hammerly: All right, your Worship. “Do you desire to be tried by a jury?” asked the clerk. Hammerly: Yes. The Sub-inspector, in outlining the case, said that at 6.45 p.m. on June 3 a constable received a complaint to the effect that Hammerly was using indecent language outside Todd’s garage in High street. Accused continued to use tho expressions for half an hour. Leo. Gray, garage employee, cfillcd as a witness, asked first to be allowed to say a few words. When the constable came along for a statement, he said, he (witness) asked him to keep him out of the court, and not have his name mentioned. This had been promised. “I’ve heard that over since Mr Hammerly has been an ex-detective the police can’t leave him alone.” The Magistrate; “Wo are not con corned with what yon have heard; if you have any evidence of that you may bring it forward.” Witness: Well, I don’t waul- to be advertised as giving evidence against everyone. The Magistrate: You are in the same position as every other citizen in a similar position, and there is no reason why an exception should be made in your case.

Witness, proceeding with his evdenco, said that at 6 o’clock that oveninf Hammerly was outside the ‘ Times ’ Office fixing his car. Witness asked him if ho wanted some petrol, and ho replied: “If I want petrol I’ll ask for the stuff.” Later Hammerly told him to “ take his foot off the thing.” or something like that. Anyone passing wjj o cared to listen could have heard the words. Cross-examined, witness said he had not known Hammerly prior to this occurrence, and knew nothing to his detriment. Half a dozen people had told him that tho police would not leave Hammerly alone. Witness had heard tho word used frequently by others. Hammerly: “Have you ever used it yourself?” Witnow Thousands of times, and I’ve beard the police use worse. Were you offended at all at the language?—Not a hit; I’m used to it. Witness added that he was induced to make the statement by the promise that his name would not be disclosed. Hammerly was quite sober, and bo adjusted the carburettor of bis own car, and cleared out the petrol system with the air pump. William Herbert Gibson, a bricklayer, said,ho was in front of Todd’s Garage on the evening of Juno 3. He heard a man in a motor -car saying to another: “ Keep your gate shut.” The words were repeated several times in a loud voice. Hammerly’s language could be heard by a number of people in tho vicinity. Accused seemed to bo the worse for liquor. Hammerly (to witness): You say several people stopped? Witness: They thought the language was awful.

Hammerly: Were tho words offensive to your hearing? Witness, after some hesitancy, said they were when his wife was with him.

Hammerly: Do you ever use that word ?

The Magistrate: Witness need not answer that question. Hammerly: Well, he might be able lo answer tins one. You say 1 was the worse for liquor? Witness; Yes. _ I think you were. You wero staggering about. Hammerly: Do you know what I was doing? I was adjusting the car. Do you think a man under tho influence of liquor could do that? The Magistrate: I suppose witness does not know the degree of skill required. Hammerley: Do you, Your Worship? The Magistrate: No, I don’t. Hammerly: “ I thought not.” Turning to witness ho asked: And that word was offensive, was it? Witness; Is it found in the Bible?

Hammerly: Certainly it is. The Magistrate: This is getting a bit irrelevant. Please confine yourself to the facts of tho case.

Constable Round said ho saw Hammerly standing near his car at about 6.45 p.m. on June 4. Ho called out in a loud voice, “Shut your b gate.” Witness went away after taking a statement from a bystander, but returned with Constable Hastie. Asked Concerning the language, accused had replied: “Some tiling blocked in the tiling and you two can mind your own business.” This was spoken in a loud voice. He bad had drink.

Cross-examined; lie smelt drink on accused. He did not check the latter at first because he wanted to hear the language repeated, and to get more evidence before taking action. Witness had been in the force a few weeks. Constable Hastio said he saw accused outside the garage trying to put water into his car. but he was too far from the pump, and he asked witness to give tho car a push. Witness refused to do this. Hammerly then used some indecent, language, and continued to do so after witness had remonstrated with him. Accused was sober enough, though he had been drinking. Hammerly: Wo eventually landed up at the police station? Who took you there ? Witness: Yon did. Hammerly: It is generally the other way about. You were a witness against me in another case? Witness: Yes. The usual caution''having been read, accused said he would call evidence. The first witness, be said, would bo the sub-inspector. Sub-inspector Fahey said ho remembered Hammerly calling at witness’s office on the evening in question. Asked if accused was drunk, witness had replied “ No.” But ho thought be had had drink. Asked whether his condition was such as to justify being questioned on the point by the police, witness bad replied “ No,” but if he was in charge of a car ho had better leave the car alone for an hour at least. He concluded that accused had had drink because of his manner and speech. He was excited, and spoke loudly, and interlarded his conversation with the word b-—. Witness had known accused for about twenty-five years, and bad never seen him incapable. Accused was, so far as witness knew, honest and truthful.

Thomas Farrell, a laborer in accused’s employ at Wingatui, said he had met Hammerly at the horse sale on June 3, and then went with him and a man named Pauley to High street. Witness denied that Hammerly had had any liquor. He did not hear him use any abusive language, either to the police or anyone else. Hammerly told him yesterday that he wanted him as a witness. To the Sub-inspector: In Ins opinion, accused was quite sober. He denied he had been guilty of using obscene language in 1912. Accused, sworn, said that, returning to his car, which he had left outside Todd’s garage, he found he could not start it. , He found there was a block

in the petrol pipe, and lie adjusted this, and was ready to start, when the two constables arrived on the scene and said: “Are you quite sober.” Witness replied: “Undoubtedly; if you are iu doubt we’ll go down and see the subinspector. They all proceeded there. Witness did not use any indecent abusive, obscene, or insulting language or behaviour to anybody Cross-examined: Ho would not care if 40,000 people swore that he used the offensive words, ho would deny it. Accused notified that he, would call one other witness at tho Supremo Court. While being given the option of pleading guilty, accused interrupted and tho Magistrate remarked: ‘"Can you not control yourself properly? ” “ Too right,” replied Hammerly, and ho was committed to tho Supremo Court for trial. The Magistrate added that it was a case for small bail It was the typo of case, he said, that was usually dealt with in the lower court, but the accused had elected (as he had a right to do, of course) to go to tho Supreme Court.Bail was fixed at £2O, with one surety of £2O.