WESTPORT NOTES

Grey River Argus, 10 May 1935, Page 7

WESTPORT NOTES

/Our Own Correspondent.) Assault Charge: WESTPORT, May 9. John Joyce wa s proceeded against 'by the police for assaulting James Baylis Duncan. The evidence went to show that Duncan tried to prevent defendant from attacking a youth named Skilton, and in doing so was struck in the eye. Defendant, was convicted and fined 30s and costs, one month being allowed in which to pay in default 14 days in Greymouth Prison. Claim For Damages: Arising out of a collision on the Buller Gorge road, Sydney L. Wood, Westport, claimed damages from John Mangos. Lyell, for injuries to his car. Mr H Lovell appeared for plaintiff, and Mr M. B. Scully wa s for defendant. After hearing evidence, the Magistrate held that defendant 'was to blame, and gave judgment for £lO 6- 9d, ami £7 2s 6d costs.

Whippet Races: The following arc the nominations for Sunday’s whippet meeting: Nursery handicap. —Flying Doe, Rapid Fire- Logan Palm, Gloucester Lad, Scotch Heather. Open handicap.— Queen Author, Golden Dollar, Great Scott, Jark-a-Dandy, Black Fury, St. Hames, Black Dawn. Lightweight handicap.—Old Judge, Wee Mac, Daisy Paul, Dainty Lad, Gay Sister. Improvers’ handicap.—Prince Author. Paddy, Sunri.se, Rev Step, Rackateer, Argyle Toni. Open hurdles.—Cambridge Boy, Red Flyer, Rangitira, Dandy Paul. Juvenile handicap.— |T i Bell, Rev Step, Ned Kelly, i ddlewcight.—Daisy Paul, Paddy Go’deii Dollar. Lady Paul, Mary of Argvle. Maiden hurdles.- —Roy Step, Jack-a.-Dnndy, Pepper Paul, St. Paul, Sandy Paul. Rackateer, Argyle Tom. Hotel Raid:

As a result of a police raid on a Westport hotel, a. large number of persons were charged before Mr Morgan, S.M., yesterday, with being illegally on the premises. Six of the defendants made a voluntary appear-

Sergoant J. Mclntyre asked that information be issued against those appearing voluntarily before they pleaded. This procedure was very often found embarrassing for the prosecution The request had been made to him that the six men be allowed to appear voluntarily and he had ac-

ceded Io it. One defendant had been overlooked and had been issued with a summons. It was to avoid this discrimination that he desired all of them to be treated alike. The Magistrate said the Sergeant should give a reason why he put in a charge shoot as for a voluntary appearance and then asked for an information in writing. The Sergeant replied that ho did not want Io make i* a precedent. The Mag'stra 1 <■: “Tn that case the romedv is in your own hands.’’ Sergeant Mclntyre said that persons seeking voluntary appearance were relieved of costs and he thought this wag the desire of the defendants present. The Magistrate said if the statute said they were not liable to costs, he did not know that he or the Sergeant had anything to do with it. The Sergeant said he was endeavouring to protect, a recognised practice of issuing informations. The Magistrate said he would stand

the cases down until the afternoon. Those against, . whom summonses had been issued were then charged with a similar offence.. One defendant pleaded not guilty. Sergeant Mclntyre said that at 10 p.m. on April 27th the police found 17 men in the bar of a local hotel. Two were lodgers. Constable Bruce gave evidence of having visited the hotel and taking a statement from the majority of the men. Most made a statement, but a few did not.

Constable C. George said one man there when the police went Misappcared out of a side door. There '.was plenty of evidence of drinking. The defendant summoned after apeplying for for a voluntary appearance made a statement that on April 29th he went to the police station and had an interview with the Sergeant, who said there was no provision for him to make a personal appearance. The Sergeant, said he wa s sorr v such n lot of respectable businessmen were caught, and hoped they would get off with a caution. Yesterday defendant was served with a .summons and went to the Sergeant again. The latter refused to discuss the matter. Had Sergeant Mclntyre been fair, he would have treated the defendant as the others. Defendant applied .for permission 'to appear voluntarily. To the (Sergeant: He was much aggrieved and claimed to be a respectable citizen.

Sergeant Mclntyre: Do you think it an action of a respectable citizen to drink in the bar of a hotel at 10 o’clock?—Yes. He objected to the unfair discrimination.

Sergeant Mclntyre asked who advised him to appear voluntarily. The, Magistrate ruled the question out. Are you not desirous of appearing voluntarily to save the costs?—Yes. / The S.M. : “If the law says he is entitled to save the eost s it does not mat 1 er. ’ ’

Tim Magistrate disallowed several questions to the defendant concerning the voluntary apnearance.

Sergeant Mclntyre: “And you consider it respectable for a businessman t’o stand at a bar and drink at night like an ordinary common person ? ’ ’—Yes.

The Magistrate said the point was of no moment. Anyone might be in the same position. The Sergeant said most of the defendants were businessmen. The Magistrate said it, did not make any dif

ference. He would treat his case in the same manner as the other voluntary appearances. The other defendants who 'were summoned were each fined 15s and costs 10s. the defendant who pleaded not guilty being dealt with similarly after evidence. Charges against the licensee and barman, the former being absent at the time of the raid, were adjourned for a fortnight. When the Court resumed at 2.15, His Worship said that in connection with the voluntary appearance of the several defendants and the question of his jurisdiction, he had considered the question and it seemed quite clear that where a person made a voluntary appearance, the Court may hear and determine the case, provided that neither party insisted on the issue of an information in writing. In this case before the hearing commenced, the Sergeant required informations, and therefore he (the Magistrate) had no jurisdiction to allow voluntary appearances. “You have your ruling now. Sergeant. In view of the circumstances, are you going to insist or are you going to (withdraw? I understand these men approached you before. I am in your hands and if you insist- I must order the information in writing.”

The Sergeant; insisted on this course and the defendants’ applications to appear voluntarily were according! v refused.

Th’e defendant then agreed to have the case heard without the issue of summonses, and they were fined 15s and costs 10s.