CITY POLICE COURT.

Otago Daily Times, Issue 20087, 2 May 1927, Page 7

CITY POLICE COURT.

SATURDAY, APRIL 30. (Before Mr J. R. Bartholomew, S.M.) AN UNPROVOKED ASSAULT. George Anthoy Silva was charged with using obscene language in a public place, and with unlawfully assaulting John Frederick Hammerley.—The defendant pleaded guilty to the use of obscene language, but he said he "did not know” about the second charge. This was taken meantime as a plea of not guilty.—Senior Sergeant Quartcrman, who prosecuted, said that in that case he would have to ask for a remand on the assault charge, as the witnesses had not been subpoenaed; they did not as a natter of fact want to appear. The Senior Sergeant said that about 1 o’clock on Friday Hammerley, who was a butcher, was selling meat from a travelling van at the head of the wharf in Rattray street, when defendant came up and asked him for the loan of 2s. Hammerley refused, whereupon Silva called him filthy names. Hammerley, who had twq other men with him, remained in the van. Silva continued to abuse Hammerley, aud eventually struck him in the face. Hammerley was bleeding from the mouth when Constable Hastie arrived on the scene. “You’ll see from this what class of man Silva is,” said the senior sergeant when handing up defendant’s list to the Magistrate.—His Worship, addressing the accused, asked what he had to say now that he had heard the senior sergeant’s statement i He further asked him if he struck Hammerly.—Defendant said ho did not remember striking anyone. .He had come off the boat that day, and had had a few drinks. Hammerley was on the off side of the van, so he did not see how he could have struck him.—The Magistrate: “Don’t talk nonsense.”—The Defendant: “Oh, well, I'd better plead guilty.”—The Senior Sergeant said that the accused had been working on the Mocraki. He had been sentenced to two months’ imprisonment some time ago for a very serious assault on a tram conductor. The man was small, but very violent, especially when in drink. Hammcrly, when in the Police Force, had had occasion to handle the man, so there might have been some friction on this account. —His Worship: “Were there any serious injuries to Hnmmcrley?”—Constable Hastie: “No. He was just bleeding,”—Defendant said that beer had always been his trouble. He was willing to take out a prohibition order against himself. He helped to keep his family. He had over £0 in his possession when arrested. —The father of defendant, who was in court, when questioned by the senior sergeant, said that his son had done no work for six months prior to getting a job on the Moeraki, but since then he had allowed him £1 per week. —The Magistrate said that the bad language had been used in a more or less quiet place, not on a much-frcqnented street, and as the defendant was taking out a prohibition order against himself he would inflict a small fine. On the first charge defendant would be fined 20s, in default seven days’ imprisonment. On the sccohd charge he would be fined £2, in default seven days’ imprisonment. His Worship added that defendant might consider himself lucky that no serious injury had been inflicted by what was an unprovoked assault. Had this been the case he would have sent him to gaol. WARRANT CANCELLED.

Senior Sergeant Quartermain said on the previous day he had asked for a arrant for the arrest of Robert Charles Herron, who had been called upon to answer a charge of failing to maintain his wife. Herron had paid £ls ten days ago, and a further £lO had been received from him that morning. The arrears to March IS amounted to £33, so that there was now only a small Amount owing up to that date. He, the senior sergeant, now asked for the cancellation of the warrant, and fresh proceedings could be taken if necessary for the recovery of the arrears to date.—His Worship said he would cancel the warrant, and the original proceedings could be withdrawn.