POLICE COURT

Evening Star, Issue 20655, 1 December 1930, Page 9

POLICE COURT

MONDAY, DECEMBER 1. (Before Mr H. W. Bundle, S.M.) DRUNKENNESS. Two statutory first offenders, who had beep locked up, William John O’Kanc and John Gordon Scouliar, were each’fined TOs, in default twentyfour hours’ imprisonment. Another statutory first offender, William Leslie Lamb, was fined 20s, in default twenty-four hours’ imprisonment. David Charles ■ Smith, also a statutory ; first . offender who took out a Prohibition order, was fined 10s, in default twenty-four hours’ imprisonment. CASTING iOBFENSIVE MATTER. A young maifU'whqse name was suppressed, pleaded guilty to a charge of casting offensive matter in a public place. Tho" case was adjourned for a .week to enable the probation officer /to submit, a report. A MUSICAL TURN. Asliif Buchanan was charged with stealing 'an accordeon valued at £3 10sj the 'property of Patrick Smith. Ho pleaded not guilty. Chief-detective Cameron said the complainant and the accused were in d hotel on Saturday and the complainant had an accordeon and was playing it in the commercial room. The licensee told the cqmplninaut to stop making such a noise, and complainant put it on the table and went out of the room. The accused picked it up and commenced to play it and the licensee came in and told him to take the accordeon out of tho place. The licensee put it in a sugar sack so that tho accused could not play it. He took it away about half a mile and left it at a house. Complaint was made to the police, and when questioned ho said ho was asked for it by a man and fm gave it to him. He was later persuaded to tell the police where ho had put it, and it was recovered. Tho accused had not been before the court previously for dishonesty. 'Ho was a hard-working man and had been working in the country, but had como into town and had been drinking. He was in a muddled condition. The accused said he was willing to take out a Prohibition order and the charge was dismissed. MAINTENANCE PROCEEDINGS. Christopher Henry Stuart Boddy (Mr O’Snoa) was proceeded against by his wife, who was represented by Mr Irwin, on a complaint for maintenance, separation, and guardianship orders, Mr Irwin stating that tho case had previously been adjourned. Evidence was given by tho complainant that since tho matter was last before tho court she had been living with her mother. Her husband had been pestering her. He told her that “he would not pay her any money for other men to play around with her,” and sooner than live with him “ ho would cut her throat, and do the twelve years willingly.” Mr Irwin: “Is that the price of a cut throat?” : To Mr O’Shea, witness denied that she had tried to put her children against their father. Defendant said recently he had seen liis children in the street, ami they had run away from him. Witness denied that ho had made any threat to his wife. He was quite willing to support his children, and if his wife would return to him he would support her. To Mr Irwin, witness said that when the case was last before the court ho had not intended to convey tbo impression that ho did not wish to stay at his mothcr-in-law’s. The Magistrate made ,an interim maintenance order of 35s a week, the question of a separation order being reserved until January 20. Past maintenance was fixed at £4,. the Magistrate stating that the maintenance would bo definitely fixed wlien the matter again came before the court. . THEFT OF MONEY: A youth, eighteen years of .age, )v hoses name was suppressed in the meantime, was charged with failing to'account for £7 Ss 2d to his employer at Wellington, thereby committing theft. The accused pleaded guijty, Detective Sergeant Nuttall stating that he had collected £7 Ss 2d on behalf of his employer, to whom ho had failed to ac-. count for the money. He had work to go to, and had previously homo a good character. ■ A conviction was entered, the question of punishment being held over for a week. If tho accused went to work his attendance would bo dispensed with. The Magistrate made an order for suppression of tho name until tbo probation officer furnished his report. ARREARS OF MAINTENANCE. James Peter Jones was charged with tho disobedience of a maintenance order, the arrears amounting to £B9 Is Cd to September 5 last, Mr J. P. Ward appearing for tbo complainant, defendant's wife. After hearing evidence, the Magistrate adjourned the matter till February 23, stating that, if the defendant did not make payments in the meantime he could bo brought before tho court at three .days’ notice. If it were found that the defendant could not pay tho order of £2 2s 6d a week some adjustment could bo made. CHARGE OF DISORDERLY BEHAVIOUR. John Frederick Hammerly pleaded not guilty to a charge of behaving in a disorderly manner in Maclaggan street. Constable Ogilvio said that on November 24, at 0.35 p.m., be and Constable Simpson were on duty at the Exchange. They proceeded into Mac-, laggau street, where they saw tho defendant and two men on the footpath. Ho and another man were waving their arms and jumping about. They were opposite tho Phoenix factory, and could be heard shouting from Rattray street. When tho constables reached tbo Arcade defendant pushed tbo two men into a doorway, and on reaching it defendant was standing in front of tbo men holding them in tho doorway. When spoken to bo denied making any noise, and refused to move from tho doorway, as ho was on private property. Defendant was not drunk, but had had some liquor. Constable Simpson pulled Hammerly from tho doorway. and as ho resisted he was thrown ( to tno ground, and ho then submitted. > Constable Simpson gave corroborative evidence. Hammerly contended that the eon stable had no legal/right to arrest him without tho authority of the owner of the property, and he submitted authorities in support of his contention. His Worship held that the offence for which Hammerly was arrested was committed on tho street and the fact that ho was in a doorway was besido tbo question. ! Senior-sergeant Qunrtormain submitted that the legality of tho arrest was not a question for tho court. Hammerly had his Tognl remedy it tho arrest was illegal. .Mamincrly said that was so, and lie would take it. Defendant said Unit ho bad arranged to moot two of his employees in Maclaggaii street later in the afternoon, and witness and a man named O’Driscoll were sheltering in a doorway from

the wind iind rain wli.cn two constables came along and told him to shift. Ho said ■ho would not do so. and'' was dragged from the doorway, Tlicro were only two men in the doorway. At this stage tho hearing was adjourned until Friday morning.