MORNINGTON MATINS.

NZ Truth, Issue 299, 18 March 1911, Page 6

MORNINGTON MATINS.

LIVELY MAGISTRATES COURT CASE. Was Mrs Banning Banged ? Fun m a Fruitery.

There was a large sensation and a sudden collapse of a police case m the Dunedin S.M.s Court on Monday last, when a young man called John Sydenham came up before Mr Bartholomew, S.M., on charges of obscene language, assaulting one Agnes Banning, and wilful mischief by damaging a box belonging to that woman, all of which happenings occurred at Moi'nington on March 8. The sensation and collapse were caased by the lady, who is tall, buxom, and handsomely dressed, who absolutely, and m a loud voice, refused to give evidence against. John, as he had been a good friend, of hers and she wasn't going to see him get into trouble. Also, the lady reckoned the police had cast aspersions on her virtue, and she wasn't going to stand that. When the case was called; Agnes Banning bounced into the body of the court, and took a seat alongside of a number of copmen,. and, was resplendent m a sort of heliotrope creation with THE LATEST THING- IN . HATS. Lawyer Irwin appeared ' for ; the defendant, who pleaded not guiity.. When counsel asked ■ that ' all " witnesses be ordered into 'outer darkness, Court Orderly Butler gave effect to the request, and the lady stalked majestically out. ■ s Station-Sergeant : King said- that | John had been employed by the lady m her fruit shop at Moraington, and received 30s per week as wages. On March 8 Agnes and John had a difference about some accounts, and John used some awful language to her, a thing which he apparently had done before, whereat the. lady threw some water over him. In return, John punched her twice m the chest, and as a consequence ' she had to go to the doctor for treatment. She left the house m a frightened state, and on returning later m the day found the domicile and shop^ locked up and John inside. John refused to let her m, so she went for the police, who were also refused admission by John. The police then BUEST THE DOOR OPEN and on going inside Agnes found that a box valued at £l ss'had. been broken. . With reference to the charge of obscene language, lie did not intend to offer any evidence, as there were no witnesses outside who heard it, and he asked leave to withdraw the charge. . ■ ) The S.M. granted permission. ' Peter McCombish, steward on one of the U.S.S. Co, 's boats, said he was on a visit to Mrs Banning' s place on March 8. He saw accused and Mrs Banning and they had a row. The start of it was when he arid Mrs Banning were leaving the house m morning, and they found all the locks on the doors locked. Accused had been locking them all day. The lady remonstrated with defendant, and he hit her twice m the chest, and she had to go and see the doctor. Witness knew the b.ox was broken by John, as he saw it lying, broken outside. . To Lawyer Irwin : The, last boat he was on was the, Mberaki,;;and he had been on her about nine months. He left her on Saturday last. He knew Mrs Banning's, husband.. He was also on the Moeraki, and' was one of the U.S.S. : Cd.'s oldest hands. Agnes's Husband looked after witness's money for him, but witness strenuously denied that it, was on account of his drinking : propensities. He asked Agnes's husband to look after it because there was . SO MUCH PILFERING - on board the boats. Witness here went into a detailed account . of the recent theft of jewels on a U.S.S; Co. boat until he was pulled up. Lawyer Irwin : Yes, but Mr Banning is afloat and you -are ashore here. Witness : Well, that is all. right. Lawyer drwin : Aren't you afraid of Mr Fanning ? Witness : No, I am not, and you needn't try to cross-examination me. I'm too old m the head. (Laughter.) Continuing, witness said that lie couldn't say whether defendant ra.h the fruit shop. He took no interest m Sydenham beyond seeing him come down to the shop .to 7 see Mr Banning. Witness only saw the end of the unpleasantness, , and saw de' fendant strike the blow. Mrs Banning threw the water over defendant on account of his bad language. Lawyer Irwin : What was it m ? . Witness : One time it was m a basin and the other-time m a jug. Oh, I see, there were two lots. Did, she throw the basin or it's contents? —She threw the water. ' Did he stand quietly while she threw ' water' over him ?— Yes , he stood quietly. Didn't he try to stop her ? Witness (warningly) : Now, DON'T TRY TO CONFUSE ME. Lawyer Irwin : But you are the man who couldn't be confused. The S.M. : Take your time answer the questions. ■» Witness : She threw the water over him and he didn't strike her, and then she threw more and he hither. The S.M. : How did he hit her ? ; Witness (acting the part) : He put his arm round her and hit her with the other. Lawyer Irwin : Where did the jug go ? — She put the jug on the table. Do you mean to say that wjhen he struck her she quietly put. T.he jug down on the table ? — Oh, that was m the hall. Lawyer Irwin here took over a plan of the premises, drawn by de-

fendant,' to get witness to show where the waterworks happened. Now, didn't the jug incident occur m the kitchen ? — There Was a basin m the kitchen, so far as I know. No, no, wasn't the jug thrown m the kitchen ? — Yes (hesitatingly) , I know there- was something thrown m the kitchen. How could you see ? Remember, YOU WERE IN YOUR BEDROOM at the time. Witness : I could see into the kitchen. The plan was here gone into again, and it showed that there was only one door to the bedroom, and it, did not command a view of the festive kitchen. Witness swore that there was another door to the bedroom opening into the kitchen. Now, were you m that bedroom at all ?— Yes. Did you see the box taken into the. yard ? — No. Why did you swear ypu saw it taken ~ into the yard ?— Well, I thought so. Now, do you know anything against accused's character ? — l'm sorry to see him m this trouble. But do you know anything against him ? — No, he is very quiet, and never had anything to do with me. The next witness called was the fair lady herself, and she climbed gaily into the box with fire m her eye. When the orderly tendered the court Testament, the lady opened j proceedings m a. loud, voice and with an aggressive manner, thusly : j NO ! I REFUSE TO SWEAR. The S.M. (surprised) : You refuse to give evidence ? j Witness : I am not going to give evidence, that's all. I Rave been called a * woman of ill repute by "Sergeant-Station" King, and I'm not ; my husband keeps me. The S.M. : But why do' you refuse to give evidence ?. Witness : ■ I won't give evidence against a man who has been a good friend to me. (With great decision) I am not going to swear anything at all. I have a solicitor. Lawyer Irwin : I understand Mr Scurr is watching the proceedings on her behalf. Lawyer Scurr, who was present, said that such was the case, and that the witness spoke to him, and asked him to appear, but he did not know that anything of this kind was going to happen. Lawyer Scurr then walked over to the lady, and by some magic process succeeded m pacifying ■ her, and m inducing her to be^ sworn. Station-Sergeant King then started to examine the lady, but hadn't gone very far before THE STORM. AROSE .ONCE MdjRE. Mrs Banning 'said she had a' fruit* "store m .Morningtdn. On thfe .morning m question she and defendant had a disagreement,' "which might occur to anyone." She denied that defendant assaulted her., . . ( " Station-Sergeant King : Didn't you go to see Dr. Evans ? • Witness : Yes, but' not medically. /.There is no need for me to tell you why I see him. I have been attending him. Station - Sergeant King: Now, didn't you make a statement to the police that accused had assaulted you ? - Witness : I did not say that he had assaulted me. The , constable^ dictated 'the statement, , and I did not say it . was true. I did not know what I signed, I was so worried. , Station - Sergeant King: Now, didn't send for, the police ?— No ; , McCombish'- did. •■.... - ; Didn't you complain ,to the con- I .stable about . your box ? — No, I did i not. - ...',.•■ - . ■ ' ."■ ■'*, What is ,the position of the. accused — what is the relatipnship between you and him ?— You know he is my" manager. > . ;. • ...-,■,. .j . . What wages dp you pay him ? Witness (distantly) : We pay him a wage. It's- not necessary to tell you what we: pay. ( ... . - .. - . Station-Sergeant King : Where does he board? — You know where he boards. j Did you see McCombish last night and try to get him TO ALTER HIS. EVIDENCE ? Witness : No, I did not ; he wanted to see me. ; ( Station-Sergeant King : When did you change your mind about giving evidence m this case ? i Witness : I need not answer. Station-Sergeant King (to the S.M.) : I think, m the circumstances it is no use going on. The witness is hostile. . The S.M. : With a witness of this nature there would be no use going on: It is really a matter between themselves. I can quite understand that if the position had been put before the police as the witness wishes it put before the court, it would have been useless to have brought the case.. The cases will be dismissed. Lawyer Irwin said that he would have liked to have asked Mrs Banning a few questions over certain allegations that had been made. In fairness to accused, he had to state that Sydenham was a friend of Mrs Banning's, and a relation, and was manager of the business. He was paid a salary and commission. The assumption had been that he and complainant had been living together. Here Station-Sergeant King made dissent, and the lady added across the court : "And he called me a woman of ill-fame." Orderly Butler : That'll do, Mrs Banning. Continuing, Lawyer Irwin said he would have liked to refute the statements. The court, however, had had enough and called the next case with much, suddenness, whereat the parties left together.