" GOD IN THE CAR!"

NZ Truth, Issue 147, 11 April 1908, Page 5

" GOD IN THE CAR !"

THE MOTOR HOG AND HOSKINS.

Gross Maladministration of Justice at Geraldine.

Magistrate and Police Ought to be Asked to Explain.

Good old law and order demand that the Police should be invested with certain powers to protect them from the consequences of necessary violence on their part, but while those powers are exercised with discretion m a large number of cases known to this paper, there are some flagrant instances where the privilege of prosecution is made the means of persecution, and some tinpot official m blue is enabled to vent his spleen on his personal enemy, or to use the machinery of the law to castigate somebody else's enemy. "Truth's" attention has been directed to the grossly improper conduct of the police at Geraldine, where an old man named Albert Hoskins was hounded down by the police of the entire country side on the simple charge of drunkenness while m charge of a horse ancj gig-Sub-Inspector Green, or Yellow, or Blue, or Red, came' all the way from Timaru to conduct the case ; witnesses were hunted up from the most inaccessible corners and one was brought from as far distant as beerless Ashburton. A remarkable feature of the affair is that although the alleged offence was committed on January 18, the case against Hoskins wasn't heard until six weeks later, and m the circumstances the period of time which elapsed before the police made up its sluggish mind to prosecute is astonishing and suspicious, until one hears that Hoskins had sued a motor-hog named Jeremiah Connolly for £500 damages m the meantime^ IT WAS FOR A BROKEN LEG. and it is matter for surprise that the police should have been galvanisod into life by the mere fact that Connolly was m danger of losing £500. This paper doesn't know whether Connolly exercises any influence over the police, except that his feet are Irish, but it does know that Hosfrin's suit against Connolly was responsible for a heavy expenditure of G overnment money to secure a con-viction-against Hoskins. It is trite the police blue-papered tho m-otor-t fiend on a charge of reckless driving | oh January 18, but while they exerted every muscle to. put the crippled Hoskins "up" and thus prejudiced him m a money action, they applied for and obtained an adjournment of the proceedings against callous Connolly, "for fear it might prejudice him m a subsequent action." Does Connolly c\ViL the police down that way ? Tit? facts of the case are simple. Ekterlv Albert Hoskins, who is a saddler, came from Winchester into GeraMine m his gig on tho afternoon of the 18tb to do business, and had three whiskies and sodas. The multiplicity of witnesses called couldn't prove he had more. At 3.30 p.m. he was entering his gig m front of Sharpe's Commercial Hotel when Ms flighty mare bolted and threw him to tne road. The animal made straight for home, and Hoskins followed. He had traversed two miles on the Winchester road Jeremiah Connolly bore down on .him m his stinking chariot and put him m the hospital. Oscar Alpers appeared for Hbskins before Magistrate Wray, and hinted that the case emanated from the side of culpable Connolly, for whom lawyer Raymond appeared. He also believed that m addition to Sub-In-spector Green, or Yellow, or Magenta, the police had the assistance of learned friend Raymond, and he protested agaanst suah . a formidable I A-Ray of talent, legal and otherwise^ against • A HELPLESS OLD CRIPPLE, who, as subseiqiuettt events proved', | hadn't a Wray of hope."* Raymond pro- ! tested against such gross insinua- | tions, as a matter of course, and Cuibi Inspector Brown, or Black, etc., etc., repelled the allegation with - yellow ochre. J. C. Flaming, an individual who doesn't beer himself, and,/ who went to do biz. with Hoskins, was shocked to find that person .driving ibout town m a state of obfuscation. A merchant named George Sherratt saw; , ' Hoskins lying on the road m front of the Commercial, and his' horse going \ hell-for-leather up the street. ' When Hoskins got up he proceeded down the thoroughfare m tacks, sometimes short, sometimes long, according to the wind, .or his. condition, or the injuries he received by the fall. A storekeeper named Thomas Elliott s_w Hoskins thrown from his vehicle and his subsequent gait was iVgroggy." John Dean, a carrier, saw Hoskins following his neddy a couple of miles out of Geraldine and came to the conclusion that the man w«as shikkered. Dr. Hislop also saw : him thereabouts and believed him to he suffering from suffusion of whisky to the brain. James IVfoynahan had two drinks with Hpskins just before the accident, and he swore the man was sober. A farmer named James O'Brien saw the accident and ' said it might have occurred to anyone. Hoskin's condition was such that ho wouldn't hesitate about giving him another drink if be wanted it. The last two were police witnesses called to prove that Hoskins had been .served with drink m Sharpe's Hotel. Sharpe and his son were charged with serving liquor, to a drunken man, and a conviction m these cases would further damn Hoskins's chance of getting £500 damages out of Jeremotor Connolly. Be it notioed, too, that these two witnesses were the only ones called by the police who had actually spoken to the man. Peeler - Bingham, whose moniker recalls a haunting refrain, something like, Yes, his name was Bingham, Bin<«ham on the wine — denied that WHEN HUNTING UP EVIDENCE a long time after the event he pleaded with a Miss Mcllwraith. "Can't,, you say he was drunk ?" For the defence, Hoskins narrated hiss movements from 1 o'clock till 3.30. During that time he had only three drinks. When thrown from the vehicle he injured a leg by contact with the splash-board, and he tried to attract the attention of Dr. Hislop, but the medico wouldn't pull up. C. Borrcll and Joseph Price, sad-

dlers, who visited on business, testified to the sobriety of Hoskins. Sarah Mulhern said Hoskins had two drinks at the hotel, and was then sober. George Bryant said the man wasn't drunk at 3 p.m. and was capable of driving. Reginald Sharpe, son of the Commercial licensee, said Hoskins had one drink with Moynahan ; another liquor shouted by Moynahan wasn't touched by Hoskins but was put on a shelf and finally thrown away by the barman. Bobby -Bingham had remarked m the presence of Reggy and his father that Hoskins seemed, all right when he left town. Maude Mcllwraith stated that Hoskins visited her shop during the afternoon and was sober. Afterwards Bluebottle Bingham interviewed her when he was working up the case. She thought the peeler was talking, about some drunken swagger, but ho enlightened her. "I mean that old scoundrel, Hoskins," he said. "Can't you say he was, drunk?" '[No, he Wasn't drunk," she replied; laughing, gliomas C. Farnic, solicitor, did business with Hoskins after his visit to Mies Mcllwraith 's,, and he, was then sober. '• : v ■*- Here was overwhelming evidence m favor of Ho^kin's capability, yet Wray, S.M. , remarked, "lam convinced mmy own mind that defendant was drunk while m charge of a horse" ; but as THE EVIDENCE WAS CONFLICTING-, and Hip-skins had been put to heavy expense m providing witnesses, etc., he took that into consideration , m imposing a fine of 20s or seven days'. Reginald Sharpe was fined 2{)s or fourteen days', for serving a drunken person with liquor. Snub-Inspector, Green or Blackj or Scarlet, next had the unspeakable nerve to ask for an adjournment of the information charging Jeremotor Connolly with furious driving, "m view of the civil action now pending - !" The extraordinary power^ of the police had been invoked to jjrejudioo poor * old Hoskins m that vepy civil action, and now the blastiferous, colored Inspector lined 'himself .on the side of Fat m the person of a- moneyed motor-hog to .save the - pocket o? the alleged culprit. After Wray's astounding decision it is not asi>onas_itig that he should also grant' this adjournment. Indignant Alpers characterised the conduct of the police *s being grossly improper. His Worship : I don't think , so. Alpers : It's another case of "God m the car." After considering the evidence close-* ly, "Truth" has no hesitation m saying that there has been a horrible miscarriage of Justice, and reckons it is up to the Justice Department to olosely scrutinise Magistrate Wray's decision. Likewise this paper would like to know why Government funds and a Government tribunal should be used to persecute poor old Hoskins, while Suib-Inspector Scarlet arid Magistrate Wray CRAWL METAPHORICALLY ON HANDSTAND KNEES before a moneyed motor person like Connolly and grant him an adjournment that will tell heavily m his favor when sued by .Hoskins. There is a strong odor about this case that doesn't arise wholly, from the murderous motor oar, and as the Police Department found a sweeping clear- • ance necessary m the rotten poHce affairs of Gisborne, a similar inquiry In Geraldine call?, loudly for appointment.