A BAILIFF'S DUTIES.

New Zealand Herald, Volume XLVI, Issue 14074, 31 May 1909, Page 6

A BAILIFF'S DUTIES.

CHARGE OF ASSAULT.

ACCUSED ACQUITTED.

The trial of Joseph Tanner, an elderly man, upon charges of assaulting, resisting and obstructing William Palmer, a sheriff's officer, in the lawful execution of a process of tho Supreme Court, was concluded on Saturday before Mr. Justice Edwards. The Hon. J. A. Tole, K.C., down solicitor, prosecuted, and Mr. R. McVeagh defended.

The accused, who had commenced his evidence on Friday, was cross-examined by Mr. Tole. He stated that he had had a conversation with' Short the night prior to the alleged offence about getting the horses out the following day. Short did not say that they would have to tie the bailiff up before they could do this. It was not' correct to say that they determined to get. the horses out, bailiff or no bailiff.

[ Francis Cross, a driver in the employ of j Short and Co., stated that on the morning in question, when he was leading out two hoist*, he heard Palmer say, " You can't take the horses out." Tanner replied, Don't stop those horses, they belong to me." The bailiff then walked over towards Tanner, and witness led the horses j out. Palmer never put his bands on the j horses. He did not see any other horses j j behind. They were in their stalls. To Mr, Tole: Ho could net say what the I other drivers were doing. , His Honor: You are talking palpable lies. j When you turned back for your second horse I you must have seen them. Witness was- unable to say whether or not he was in Court the previous day during the trial, notwithstanding that witnesses had been ordered out of Court. He. said he could not remembor. His Honor: You had better rack your memory, witness, because if you say you 1 don't remember what you do remember j you are committing perjury. " Were you i in this Courtroom when this case was go- | ing on yesterday? Witness: I may have been and I may not. I can't really tell you. Ceo. Williams, stable manager for Short and Co., stated that when accused came in on the morning in question lie made arrangements with the bailiff for the horses to go out. Palmer said, "You can't take tho'-c horses out. lam here to stop them." Willi that accused replied, "I am the owner of those horses, and I have some very urgent work for them to do. Can't I make some arrangements with you to take them out and return them to you in the evening." Palmer said, All right." Tanner then a< ; ked him to give a written guarantee, and this was done. Tanner did not push or touch Palmer. To Air. Tole: He did not say on.the previous night, "The horses will have, to goout to-morrow, even if we have to tie up the bailiff." Edward Short and Richard Tangye, both in the employ oiKr-i<>., also gave evidence. ■>-' ' s ■ -.'■;-. This concluded the case for the defence. H'., Honor, in summing tip, referred to \h'j serious nature of the chargethaV of /interfering with an officer of the law ; iu carrying out his duty. It might have be\'n halter, he said, to have brought the accused up for contempt of Court, in which case he could have been summarily dealji with by the judge. In , regard to the penalties in the case of conviction, he said that ho (His Honor) had power to impose a sentence of two years' imprisonment, to inflict a fine, to .idmit the accused to probation, or to allow him to go without any punishment whatever. The jury returned a verdict of not guilty, and accused was discharged. ,