MAGISTRATE'S COURT.

Marlborough Express, Volume XLIII, Issue 115, 13 May 1909, Page 8

MAGISTRATE'S COURT.

(Before Mr T. Scott-Smith, S.M.)

PROHIBITION

A prohibition order was granted, on the application of the police, against Claude Ball.

FALSE PRETENCES

Henry Brown, a young man, was charged with obtaining from Thomas North the sum of 5s by means of a false pretence. Accused pleaded not guilty, and was undefended by counsel. The Sergeant-Major said that accused found North in the Square asleep inside a fence, and saying he was a policeman threatened to arrest him if he did not get 5s from him. He quoted section 217 of the Justices of the Peace Act, which bore on false pretences. Constable Bird, in his evidence, said he was on duty on the evening of the 21st April. He knew accused, and about twenty minutes to eleven he heard voices in Seymour Square. He heard a voice say, "I am a policeman, and if you do not get up I will arrest 3 rou." The other voice replied, "You are no policeman." He then saw North lying under a bush, and accused standing alongside him. Brown said he was wanting to take the accused away and get a bed for him. North was the worse for drink, and Brown was sober. Witness heard nothing about the ss. Accused said he said "Here comes a policeman," and not "I am a policeman." He never asked him for ss; he merely wanted to take him over to the Grosvenor and get a bed for him. He had no questions to put to the constable.

Thomas North said on St. George's night he was lying in Seymour Square. A young man came to him and said he was a policeman, and wanted ss, or he would lock him up. This man had a moustache, and accused had none. .Accused said he Would blow his whistle, and witness repled, "You can blow your nose; but get out of here." Witness was a stranger anu knew very few people in Blenheim.

To accused: You had a moustache on that night—^a black moustache. Sergeant-Major Mason: There can be no question of identity. Constable Bird came up and saw them both. Accused went into the box and said he had heard someone groaning in the Square and went in. He found a man there. He did not know if it was North. He asked him to go over to the Grosvenor and get. a bed. Accused then said, "Here is a policeman." He knew Constable Bird was coming up the street, before he went into the Square. He did not ask the man for any money. To the Sergeant-Major: He admitted being there. North was that drunk he did not know what he was saying. He went into the Square because he heard someone groaning. He did not like to hear a man in distress without trying to help him. He did not say he was a policeman. North said lie had a moustache, and he had none. It was a dark night. He had been about six years in Blenheim. j

The Sergeant-Major said he did not wish to press for a severe penalty. He simply wished it to be a caution to anyone else.

His Worship said if it had been proved to his satisfaction that the man was guilty he would have punished him most severely, but there was a doubt and he would get the benefit of it. The, information would be dismissed.