CITY POLICE COURT.

Otago Daily Times, Issue 19349, 9 December 1924, Page 4

CITY POLICE COURT.

Monday, December 8. (Before Mr H. W. Bundle, S.M.) Drunkenness.—A first offender for drunken ness was fined 20s, in default 24 hours imprisonment. Disorderly Behaviour.—Robert Thompson, who pleaded guilty to a charge of disorderly behaviour while drunk in Maclaggan street on Saturday evening, was fined 40s, in default 48 hours’ imprisonment. Breach of. Probation Order. —Percy Frederick Galland was charged with the breach of the terms of his probation order. —Detetive Beer said that the defendant was released on probation last January for theft, and asked for a remand till to-day in order that he could bo dealt with by Mr Bartholomew, —Defendant was remanded in custody until to-day. A Drunken Brawl. —Daniel do Courcey was c’harged with assaulting Constable Lindsay Eldon AV'atson, while in the execution of his duty.—Walter M’Combie was charged with disorderly behaviour while drunk m Maclaggan street; with using obscene language within the hearing of passers-by, and with assaulting Robert Thomas Munro. —Do Courcey pleaded guilty to assaulting Constable Watson. —M'Combio pleaded guilty to the charge of disorderly behaviour, but pleaded not guilty to using obscene language. He admitted assaulting Robert Thomas Munro.—Senior-sergeant Matheson said that about 6 o’clock on Saturday evening Constable Watson found M'Combie, who was drunk, in front of the Metropolitan Hotel in Maclaggan street. The constable advised him to go home, but he became very belligerent and was then arrested. The' constable took him down the street. Do Courcey then joined in and a scuffle occurred, during which he kicked The constable, and attempted to poke his fingers into the constable’s eyes. Constable Watson called fpr assistance, but the only man who came forward was Munro. M‘Com bio punched Munro and the latter had to bo attended bv a doctor, who put several stitches m liis face. Munro was not able to appear before the court that day.—Constable Watson said that on Saturday evening he was coming down Macliggan street and he warned MTlombie to go home, but he took no notice and started using obscene language. There were a lot of people about at the time.—The Magistrate said that on the charge against De Courcey of assaulting the constable he had some hesitation in letting defendant off with a fine. It was a serious matter to 'interfere with the police in the course of their duty. The duty of the police was hard enough to carry out under ordinary circumstances without interference from men of defendant’s typo. He would be fined £5, in default three weeks’ imprisonment. In refard to M’Oombie, Mr Bundle said that e would take into consideration the fact that he was drunk, when the language was used, and when Munro came forward to assist the police. Munro was deserving of every credit for the way he had acted. _ On the charge of disorderly behaviour M‘Combio would be fined 40s, in default 48 hours’ imprisonment, and on the charge of using obscene language he would be convicted. —With regard to the charge of assault Senior-sergeant Mathfeson said that Munro was still in bed, and that there would bo medical expenses, and M‘Cambio was accordingly remanded in custody till Friday. Disobedience of Maintenance Orders. — William Henry Smith (Mr C. J. R. White) was charged with failure to comply to the conditions of a maintenance order, in respect to his wife and childrenj the arrears of which, on October 6 last, amounted to £153 10s,—Senior-sergeant Mathleson said that defendant had beeu released on November 28 on the condition that he reported to the constable at Tarras every Saturday evening, but ho had failed to do so, and had apprently been loafing about the town. —Mr White said that defendant had been released on stringent conditions. The earliest that he should havs reported was on Saturday night, and counsel understood that he had been arrested on Sunday evening wfyen he went to the police station to report. Defendant’s wife wanted him to be at liberty in order to get some money from him. Mr White asked if the Bench would give him another chance and release him under strict restrictions. —The Magistrate said that the defendant had previously changed his name, and. when he appeared in court he had been warned that the case would be adjourned under strict conditions. However. he had not appreciated the chance to make good, but had got drunk and squandered his money. The only place for him was gaol, and he would be sentenced to six months’ imprisonment. Robert John Horn was charged with the disobedience of a. maintenance order in respect to his wife, tfre arrears of which at October 10 amounted to £116.-—The .Maintenance, Officer said that defendant, had been released in order to enable him (o go into the country to work. He ivai supposed to keep in touch w’ith the Rev. V. G. Bryan King, but he had failed to do so. He had given trouble on previous occasions.—He was sentenced to six months’ imprisonment, the warrant to be suspended so long as he paid £2 per week off the current order and 5s- a week towards the payment of arrears. Negligent Driving.—Richard Wallace was charged with, on November 16, negligently driving a motor car in the Queen’s Drive. —Constable Smith said that defendant in passing another motor car-had sweived on to his wrong side, and crashed through a fence, coming to a standstill against the verandah of a house, thus causing considerable damage. Witness thought defendant had got excited and had lost control.—The Magistrate said that from the evidence of the police it was quite clear that defendant was driving negligently and that he was travelling at an unreasonable speed when approaching the Intersection. He would be fined £2, with costs (7s), Failure to Clear Gorse.—A. Brad field (Mr W. G. Hay) was proceeded against by the Inspector of Noxious Weeds (Mr R Fountain) for failure to comply with noneordering him to keep his property clear of gorse.—The case was adjourned till Jauucry 30. A similar charge against James O'. Friend in respect to property at Gallon Hill was adjourned till January 30. Michael Idour (Mr B. S. Irwin) was similarly charged in respect to his property, St. Clair Park. : —He was lined the minimum penalty of 10s, without ccsts. Similar changes against F. W. Ryders and W. J. Watkins were adjourned till January 30 In order to permit of the work being done.

Insulting Language.—Frederick Arthur Pearce (Mr J. B. Callan) was charged with, on October 29. usng insulting language in Silvorton street, Anderson's Bay. —Defendant pleaded not guilty.—Senior-sergeant Mathieson said that on the day referred to defendant, who was a taxi-driver, had called at the Shiel Hill Hotel and had picked up three men to take them to the Anderson’s Bay tram terminus. On arrival there an argument took place as to the fare, and the men got out and a fight took place. A tramcar then arrived, and the motorman remonstrated witli Pearce on the way in which he was knocking one of the men about. It was then that the language complained of was used.—Briefly, the police evidence stated that within the hearing of passengers, including ladies in the tram, defendant addressed offensive terms to one of his passengers, and struck him, and later spoke offensively to the motorman of the tram, who, it was stated, retorted with a taunt about him having to get out of the police force. —Hugh Ross, a master plumber, residing in Cranston street, gave evidence in regard to the language used. John Charles Paterson, a tram conductor, said that on the arrival of his ear at the Anderson’s Bay terminus on the day referred to he saw three men and the taxi-driver standing beside the motor car. They seemed excited about something. As far as he could make out thev had refused to pay their fare. Pearce spoke to one of the men, using an objectionable term. He then struck this man, and the latter fell over. Ronald went to his assistance, and defendant used insulting language to Ronald.—At the conclusion of his evidence the Senior-sergeant asked Paterson if he had seen Pearce that morning.—Paterson said (hat ho had not seen Pearce.—Mr Callan protested against the question, and the Magistrate said that it was quite improper for the police to treat the witness as hostile in any way without the consent of the court. —The Senior-sergeant said that there were inconsistencies between witness’s evidence and the signed statement given by him to the police Ho had been informed that Paterson had been spoken to by Pearce. The Witness: That is quite tinuntrue. —The Senior-sergeant asked leave to question witness as to the alleged discrepancies between his signed statement and his evidence, but the magistrate would not allow it. —John Alexander Ronald, motorman, gave evidence in regard to the language used. There were several ladies in the car at the time. —To Mr Callan: He could not swear that the ladies were in the car when the language was used.—Mr Callan said that he did not intend to call the defendant. He commented on the fact that three passengers in Pearce’s car had not been called, which would create the impression that their evidence would not help the police. Mr Callan was of the opinion that the whole trouble was duo to the injudicious interference of the motorman.— The Magistrate said that there .was no temper and the defendant had lost his tempo, and he had not been pacified by the remark made by the motorman. How-