CITY POLICE COURT

Otago Daily Times, Issue 16977, 13 April 1917, Page 7

CITY POLICE COURT

THORSDAY, APniL 12. (Before Mr J R. Bartholomew, S.M.) Drunkenness.—A first offender, a member of the reinforcements which proceeded to camp yesterday, was convicted and discharged, the police officials being instructed to hand him over to the military authorities. Patrick O'Meara -was fined 12s, including 2s cab hire. Daniel Dougherty was remanded for a week for medical treatment. Prohibition Order.—A prohibition order by oonsent was issued against a man. A Dual Offence.—Sydney Tasman Smart was charged with being drunk and with casting offensive- matter on the- footpath in Mornington,—He pleaded 'Not guilty," and was defended by Mr A. C. Hanlon.— Constable Macartney stated die facts of tlio arrest. Witness put one handcuff on the accused, who said, "Macartney, if you will take oft' the handcuff, I will go quietly." Witness complied with the request, whereupon the aecciased resisted and struggled violently, and had to be handcuffed again. There- was no one about at this time. In reply to Mr Hanlon, witness stated that ho did not follow the accused after ho got off the car. Witness a.sked accused to accompany him to tho police station, but ho refused, and said, "If you think you can take- me, have a go and see how you "et on."—Alexander Gerrio stated that ho saw the accused after his arrest, and his conduct was that of a drunken man. —Constables Todd, Hart, and. Brockbank each gavo evidenco to tho effect that they saw tho accused, and stated that he was under the influence of liquor.—Mr Hanlon said that accused denied that he was drunk, and that ho committed tho other offence. It certainly appeared from the evidence that there was not a great sign of drunkenness about tho man at any stage of the proceedings. The polico evidence was not by any means conclusive. Tho judges had laid it down that tho polico were prono to colour their evidence, and that, ho said, was -what happened in this case.—Evidence was given by accused, who said he was perfectly sober. Cross-examined, ho admitted having ibeen twice previously convicted of drunkenness. Ho was sober on those occasions, too, but hr> maclo no compliiints. —David Tucker, tram conductor, said that accused travelled by tho Mornington car on the evening of tho occurrence. He saw no sign of drink on him. —Joseph Burgess, slaughterman, said he was speaking to accused in the Octagon beCoro he left for Mornington. He was then saber.—Catherino Scofield. living in Bclleknowes-, said that she saw tho consrciblo and accused. From tho tatter's conversation she would say that ho was sober. He spoke quietly.—Elizabeth Mary Johnston said that accused appeared to speak rationally enough. She could not say whether he was sober or not. —The Magistrate said the evidence of the ladies did not carry the matter much further. One thing about them which impressed him was the fact that they apparently allowed their hearts to run away with their heads. He -was. not impressed by the accused's evidenco, and he was satisfied that tho man was drunk. ISo far as tho other charge was concerned, it would have been more satisfactory to havo some corroborative evidenco. This charge would 'be dismissed, but on tho charge of drunkenness the accused would be convicted and lined 10s. and ordered to pay 7s 6d ca.b hire, with costs (12s), in default 48 hours' imprisonment. Maintenance. —Albert Hargreavcs, who did not appear, was ordered'to pav 21s a week towards tho support of his wife.