MAGISTRATE’S COURT

Grey River Argus, 28 May 1935, Page 8

MAGISTRATE’S COURT

Yesterday’s Cases The following eases were dealt with by Mr. Henry Morgan, S.M., at a sitting of the Magistrate ’s Court at Greymouth yesterday. Two statutory first offenders found on licensed premises after hours were each fined 15/- with costs 10/-. For riding an unlighted bicycle after sunset, John Shannon was fined 5/with 10/- costs. Albert James Palmer, was charged that, on April 30, at Greymouth lie did drive a car across the Albert Street railway crosisng when same was not clear. Defendant pleaded not guilty. Senior-Sergeant E. Quayle said there was an express train coining from Hokitika and the whistle was blown. It was further sounded ten yards from the crossing, but was then too late and the train struck the car. Fortunately nobody was seriously hurt. Luckily the train had slowed down and thus no doubt a more serious accident was averted. The Magistrate said defendant was a fortunate man to be here. The crossing was a wide one and there was a good view. Defendant was apparently driving negligently and would be fined £2 with 10/- costs. Further evidence for the defence was heard in the case in which Alexander Scott (Mr. T. F. Brosnan) was charged (1) with being in possession of a .303 rifile longer than 7 days without being the registered owner and (2) procuring the rifle without a police permit. Defendant had pleaded not guilty. William Alfred Miller Campbell, of New River, said that he had shifted camp on the day of Constable Rodgers visit, and witness shifted the rifle. Scott was asked the questions about the rifle. The rifle was left in the tent by a man named Tom Green, and he told Scott to tell witness it was for witness. In reply to the Senior Sergeant, witness said he was present when defendant made a statement to the Constable and witness did not then tell the constable it was his rifle. The Magistrate said he was satisfied on this man’s testimony, Scotthad lied to the Constable when he said the rifle belonged to him. He was satisfied Scott was not the owner and therefore could not convict him on the charges. He did not think on the evidence given that he should institute an aiding and abetting charge against Scott but the police could bring an action and he could go into the evidence in question. Campbell slated that he wished to appear voluntarily on the two charges. relative to the rifle. The Senior-Sergeant asked for forfeiture of Hie rifle. ('ampbell was fined .€l/5/- on the first charge and convicted without penalty on the second charge. The Magistrate would not make an order for forfeiture. Defendant was allowed fourteen days to make payment. Robert Glen Cameron (Mr. W. P. McCarthy) was ordered to pay 15/- per week towards the maintenance of his two daughters in the cure of the Education Department. John Faulkner, sawmill hand, of Coal Creek, was charged that on May 19, at Greymouth, he did behave in an insulting manner, by using the Avoids “Oh it is you horse-face” to Constable McGly nn.

Mr. W., P. McCarthy represented defendant and pleaded not guilty. Constable J. F. McGlynn, stated that shortly after 1.30 a.m. he heard a noise near the Town Hall and saw defendant and three other men. Defendant was shouting out and making a lot of noise. Witness told him he had better go home and he replied “Oh, it is you horseface. I have done nothing I am alright horseface.” When witness was leaving defendant said “that is horseface if you want to know.” Defendant spoke in a loud voice. All the members of the party had had liquor but were by no means drunk. He had previously warned defendant in December last for giving abuse in Mackay Street. To Mr. McCarthy: There was no bad blood between witness and defendant, lie did not draw a baton against defendant on a previous occasion. Defendant had laid a complaint against witness and Constable Robinson in De cember, alleging assault. He could not say what defendant was calling out. He appeared to be yodelling He'was certain defendant called him “horseface.” He knew if was a nickname attributed to himself and object ed to it. The Magistrate: There are nicknames and nicknames. In reply to the Magistrate witness said he had only once previously been called horseface. Defendant had made a disturbing noise like a yodelling laugh. Mr. McCarthy said there was apparently some feeling between defendant and the Constable. Defendant and a witness would deny that the remarks were used at all. Defendant had simply called out to his companion “Hurry up Scotty,” in order that they should get home. Evidence was given on these lines by defendant and Howard Scott. Defendant said that the Constable came along and said to him “get away home Faulkner,” and defendant replied “I will see about that McGlynn.” The Constable then said “You will hear more about this Faulkner.” Witness then said “Goodbye” then McGlynn and they all walked away. He did not use the word ‘‘horseface” in any way al all. In December last witness and a friend were accosted by Constables McGlynn and Robinson and on that occasion Constable .Robinson kicked his friend, and when witness said that that was a bit over the odds, Constable McGlynn grabbed him by the shoulder and drew his baton. Witness had lodged a complaint about this at the Police station. Scott said that defendant called to him and he ran over the street to catch him up. The word “horseface” was not used.

I he Magistrate said the question was whether defendant us.ed the remarks to the Constable. He was asked to believe the words were never used, and that the Constable went into the box and committed perjury, and no Constable with any sense would do such a thing. Constables had a lawful duty to perform and he was satisfied on this occasion the Constable had reasonable occasion to speak to defendant and he was satisfied that the Constable received insulting remarks in reply. In any other case than with a Constable there might have been a breach of the peace. Defendant would be fined £1 with costs 12/-.