BLACK'S BAD BUNGLE.

NZ Truth, Issue 177, 7 November 1908, Page 5

BLACK'S BAD BUNGLE.

WHY DID HE ENTER EGAN'S ?

Magistrate Turton Dismisses the Information,

A Case for the Minister of Justice to Investigate.

Patrick Black is an inspector of Po- | lice, under Commissioner Dinnie, and appears to have some queer ideas of whatis becoming conduct for a police officer to adopt. Some little time ago "Paddy" figured notoriously m connection i with the arrest and sentence of Andersen and Halinen, who were wrongfully : imprisoned on a charge oi being concerned m the death of one Bourke at Westport. "Paddy" on that occasion •did not figure too well, and on Tuesday, October 27, he was arraigned on a charge of breaking and entering the residence of one of his subordinate, Constable Egan, at Blackball. When before Beak R. H. Turton, '•'Paddy" complained bitterly of the diet served out to him whffie m "quod." i The beak promised to represent iihe matter to the proper authorities. "Paddy," however, made no. complaint as to the -| constable's cupboard being bare. . Mr Joyce, for the prosecution, said the complaint was laid under section 254 of the Criminal Code Act, 1893, which provided the penalty of seven years' impris- j onment. He also read sections from the 1 Crimes Act, with which the Criminal Code Act should be read concomitantly. He pbinted out that the clause referred ito showed that entrance into' a^ building was effected so long as apy portion of a I person got into a Twiilding, and that Breaking implieo" the opening of a window, , door, or any part of a building, whether a permanent one or 'not. He showed how the house consisted of a wooden structure and there was a small room at the back used as a police office. The constable, Herbert Egan, used a cottage m which one room was used as a police office, and there was a detached building used as a lock-up for prisoners. Egan had been compelled to leave the house on duty to bring a prisoner down from the Justices m G-reymou'th. At Ngahere Inspector Black had learned that the constable had gone to Greymoutih, yet knowing that fact and, that the house was locked up, HE WENT BY DEVIOUS ROUTES, and having taken off his coat and left his umbrella outside aod got into the bedroom through a window which he Had raised, he was found by the constable's father, who found the coat and umbrella and subsequently found defendant m a lean-to at the back of the house, which was used as an office, where Mr Egan found defendant, and asked him what he was doing there m his son's absence. As it happened, several people m Blackball, who for some reason were very, much interested m watching these proceedings, took care to watch closely all the movements of the defendant, amd had taken the present proceedings as they considered the action of the Inspector m going into the constable's house m the way he did, . knowing that the constable was absent and that the house was to all intents locked up, was unworthy of an Inspector of police. He submitted that the Inspector had plenty of information as to Constable Egan's absence, and~ if he wanted to see anything m the' house which Egan occupied he could by timinghis .visit for some time when Egan was |at home, as it did not appear from his | subsequent movements that his time was so grossly taken up m watching the doings of the Greymouth hotelkeepers that he could not have postponed the visit to Blackball. But instead of, that, the fact remained tbat, knowing the absence ol both the constable and . his wife, who was absent m the North Island, he made it his business to deliberately go to Blackball, go by a winding route to . the constable's cottage, deliberately open and enter the house by getrtmg through the bedroom window and then remaining m the house for a considerable- time. Thete was no suggestion that Constable Egan's books were not properly kept, but on the contrary the facts were exactly the reverse. It was for his Worship to say whether a prima facie case was made out, and, if so, the case must go to ferial. He submitted some authorities on the sub- , ject, and remarked that m any case the ' action of tthe Inspector m gaining access to the premises through the'bedroom winj/dow WAS AN IGNOBLE ACTION, and one that every British subject would scorn. At any rate, on the West Coast they had not experienced' such a state of things which was revolting to them. The position which he.heJd as Inspector | did i»ot give him the power to carry out his duties m this way, as nobbing, either m the Act or regulations, could be construed into a justification of his coni duct m entering the house m the way ! that he had done. The mere fact of entering by the bedroom window when he might have got m by the office • window was a significant one, and showed that there was a want of tact and feeling m his conduct which was not according to the usual moral code. Robert Gregory stated that at about one o'clock he saw Inspector Black coming from the neighborhood of KmseHa's Hotel and he watched him walk along the street to Constable's house and take off. bis coat and leave his umbrella outside and j GET IN THROUGH THE WINDOW of the bedroom. He was inside the house from 1.20 p.m. till 2.35' p.m. In cross-examination by Mr Hannan, I Gregory said he would have watched anyone who got into another's house during his absence from home. He subsequently cycled down to - Stillwater and met the. train ivhere he told Constable Egan what happened. He did so on his own accord, and he would have bicycled down to. tell anyone who had been so treated. He did that to let Egan know ' before he met Mr Black or anyone ] else, who would not give him the true version of the case. He acted as he thought best m the protection of property. He had on a previous occasion complained lip the Inspector that he had not been allowed to have mutt pool played on his table m Kinsella's, while it was allowed to be piayed on another table m the township, thereby establishing a monopoly. He had seen Inspector Black on the subject, and had not got any satis- : faction. He had felt annoyed about it at the time, and had threatened to write to the Minister on the subject. One reason why he had taken these proceedings was that on the occasion of Constable , Lyons being drowned, and there were a number of women about where the body was lying, the Inspector came m and saiil tbat if Lyons had been doin,g his duty, he would not have been lying there dead He had not told Crawford, the • coaclidriver, that the reason he had laid the information was because he had not beep allowed to have muff pool played. ' His main reasons for, laying it were that he did not believe m seeing anyone BPT.^KTNG AND ENTKHI.NG into another person's building during his {-.hKonec, ami. he did not like llie way m which the Inspector spoke \vin v n |Uonst« blc Lyons was Iyin.tr dead. If Detective OampIiOl! said that f'r:.n,vioi:d li:rJ to!'! dim that he .(Gregory) had said that; it was on ar'i-oimfc of his. not being allowed to have nnifT pool played on his table U would be untrue. He objected to a mart' troinj!; into any other man's house m his <ak ! :ence. RU-hnnl Ei»,an; a carpenter, residing at j Blnt-l;l>i\U, said vis. son's house was 'used as a dwelling,- -but-- one' room was used as i a police office. On October 20(h he v-ys ' m Blackball and- found thai his stm v-n \ away from there. ■ Wticu- be goe^ away he. does not give witness l)e Icev, 'bub witness genera l Iy. exerted «upo?. vision over tlie place in.his absence. At about A p.m., from what iic was told, he went I Jroiu where -he was worKin«-. about 70 or RO yji.uls away, to bis :-oii'>; hon.sb, ww\ iouo4"| the bedroom wni'Jtow opoju anil a. i coat .'liying tmte Uk- nvw^wsiAl. j^w me

dog at the front door, and then went to loh&back door, which he lound locked. Subsequently vent round the house and looked through the window of the little office and saw Inspector Black sitting there with his coat off, IN HIS SHIRT SLEEVES. Asked him what he was doing there. He said he was looking at the books. That was all that passed between them except that he had said to Mr Black, "I'll go away, then." As he was doing so Mr Black asked him (witness) not to go away. After a short time he came out through the bedroom window with his coat and hat on. Told him that he (fcigan) did not think it right for him to have , got into the house that way during his ; son's absence. *He replied that perhaps he had done wrong m going m, but he did not do it with any wilful intent. Do i not know if the front door was locked. I To, Mr Hannan : The room m which he saw the Inspector was the nne ns:ed as an office. When he was leaving, after conii ing. out through the window he asked, vrtfrJ ness if he should close the window down as he found it or should he pull n down. Witness said it had better be puued down. Did not know whether the room the Inspector entered was a bedroom on the day m question.' It had been used as a bedtoom when Mrs liJgan, junr., -was at home i but it might have been an unoccupied [ room on October 20th for all he knew. i John Lloyd, employed on the railway at Blackball, said he remembered October 20-bh. He was on the verandah of Kinsella's Hotel. Knew Constable Egan's house, and it was quite .easy to see. the front of the house from Kinsella's verandah. Saw the Inspector arrive m Orawford's coach from Ngahere. Saw him go from Stevens' Hotel about a quarter ot an hour afterwards and. turn up towards Constable Egan's house. He was on. the footpath on a side street. Only saw him turn up m the direction of the house. Saw him come out of Egan's house about 2.15 or 2.20 p.m. He came out of the house by the window on the right of the house. Could see Mr Egan, senr., when he went up to the house, and then went round the back of it, and after that he came roun-d to the front. Then saw the inspector come to the window In his shirt sleeves and no hat on. He subsequently GOT THROUGH THE WINDOW and walked down the road with Mr Egan, senr., and went m the direction of Ngahere. CouM not hear anything that was said or what passed between Mr ISgan, sen., and the inspector. James > McKenzie, a' miner, at present working on the railway, remembered October' 20th, when he was not at work. Knew the defendant, who he bad seen once before. Saw him a little after 1 p.m. coming from the direction of Stevens' Hotel and went m the direction ot Constable Egan's house by himself. Did not see him going into the bouse, but at about 2 or 2.30 p.m. he came out of the house through the front window, and Mr Egan, senr', met him. there. Someone came to the window before that m his shirt sleeves, but he could not say who it was. It might have been two or three minutes before the Inspector cams out that someone came to the window m his shirt sleeves. It was Inspector Black who came out of the window and walked down the road with Mr Egan, sen. To Mr Hannah : Constable Egan's house was open to the view oT several other places besides Kinsella's verandah. George West, a miner, - residing m Blackball, remembered October 20th, and he was not working. He was on Kinsella's verandah about 2.30 p.m. that day, having come .there from the Blackball mine. Knew Inspector Black and saw him coming out through Constable Egan's front window just as he arrived ' at the verandah. Mr Egan, senr., and the Inspector then went away together ana passed the hotel. Had not the least doubt that it was Inspector Black who came out through the window. Thomas Cotton was working all day on October 20th m one of the back streets m Blackball. Had dinner and recommenced work at 1 p.m. Was working about six chains away from Constable Egan's faojuse. Saw Inspector Black going m the gate to Egan's house. DM not see him , again for about ten minutes. He went round the side of the house but did pot see him then. Next time he saw him lie was standing on the verandah with A COAT IN HIS HAND and an umbrella or stick. He walked over to the window facing the street. He placed the overcoat down by the windowsill and the umbrella or stick with it. tie then opened the window. Witness saw it going up. He then stepped right m through the window. Saw him come put later on, but could not say whether he was inside half an hour or longer. Mr Egan, senr., came from towards Kinstil-* la's, biut did not see him go inside the fence of his son's place. He was standing on the footpath when Inspector BlacK came out. The front fence was about hail a chain away from the house. Both of them walked away together. Robert Crawford, coach driver, said that his coach, whereon defendant was- a passenger, arrived m Blackball ab,out >1 p.m. At Ngahere he had a conversation with Black, who remarked that he was going over his way. Witness remarked : "It's not much good going over my way now as Constable Egan is m town with a prisoner." Black replied, "Oh, well, 'I'm here now. I might as well go over, as I WILL GET IN SOMEHOW." On arrival at Blackball Biack went into Stevens' Hotel. Half an hour alter this he again saw Black going down the street. Later on he saw Black coming out of Egan's window, one and a half or two hours later, which he appeared to pull down. Next he saw Black at JSgahcrc at about 5 p.m., but had no convorsation with him. To Mr Hannan : There was a good crowd at Kinsella's when he saw Black coming out of^the window. He had seen Detective 'Campbell last Saturday, ...'and had told him that the people of Blacit-ball-'dtd not like Black over Lyon's affair, and were daily wishing to get at 'kirn, anil* now had a good chance. He did not> remember saying to Campbell that Gregory complained about Black stopping him playing pool and when he (Gregory) approached tne Inspector on the matter he (Black) gave no satisfaction and nearly snapped his head of!, and that he (Gregory) wanted to get one on to him. To Mr Joyce : Gregory did not say that lie was wanting to get one on to Mack m connection with billiards or pool. U-re-p.oty had no conversation with him on the matter. At 5 p.m. Mr Joyce asked the Magistrate if he would take any further evidence tint nirdit. Tho •VT.ayJvtratc : Perhaps it wiill shorten pr.-x'fHvHnfri: if I fell you at once that if tl:e ovidunc/-' is not different to that which w. 1 have already ha f l, 1 intend to t'ismiss the vase. Mr Joyce, said it was necessary to call ConstnVUe E^an to get proof. that he was holding the •dwe'l.'ng, and that Black hart no authority to enter. Tb« Magistral*! intimated that, if that was fill .the ease woufci be dismissed. There wai 'something un'.'rrlying it. Mr Joyce said that as far as he was coucevncci -it was a perfectly bona Odecase. The Mn.a;i.sl!-;\le saM he re/o^niscd tb« cvfise ,\va.s one vyin'.h should not have been brought, and mi less evidence of a. different nature was called he would dismiss it. Mr Joyce, li.rnn^ consulted his client, '•'jti'.tot--: 1 ! th't he would not caW any'furUicr evidence.

The Magistrate : The information is dismissed. "Truth" would like to know why Magistrate Tui-ton should practically decide | to dismiss the case when it had been proved" that "Black" entered the premises without permission. It appears to "Truth" that something further should ■be done m the matter, as the constable's premises WERE ILLEGALLY INVADED, and though Black is' alleged 'to have stated that he did not enter the premises with any wilful intent, that yarn lias frequently been put forward, unsucccss-. fully, by poor unfortunates who have snatched a night's ""sleep m a timber yard or the back premises of some dweJlii>g. As the Magistrate has dismissed: the case, "Truth" hopes that '-Minister' McGowan will call for a searching inquiry to.be made. The utter callousness with which the Prohibition party is conrhictine the campaign m Maslerton is exemplified m the dishing-up to the public,- jier. medium of the local press, of the totality at Maurieeville some time a&o, wlnn a man under the influence of liquor was burned" to death m his own house. The circumstances were very sad and should charitably be forgotten for the sake of the man's wife, children, and -relations m the district. But no ! The cold -water cranks donU intend to let si c; in^ dogs lie. By 'publishing Ihe horvi'lc details of the affair m order to show what drink will cause, they., have brnU"ht a flush of shame to the cheeks of the widow, and the children and relatives arc'being taunted afresh with it. The public of Masterton. iud.iring by the general lal's are disgusti-d with the me'hrds that are beinc; adopted by Bridges and his party of cranks.