CITY POLICE COURT.

Otago Daily Times, Issue 20318, 28 January 1928, Page 22

CITY POLICE COURT.

Friday, January 27. (Before Mr H. W. Bundle, S.M.) MOTOR OFFENCES. For being in charge of motor vehicles, al night without lights Thomas Joseph Banks. George Chooquee, Alexander Curie, John Hodge, and John Patrick Noonan were each fined 6s and costs, and Leslie Waller Blackio vtb s fined 5s without costs. William George Griffiths pleaded guilty to a charge of dangerous driving.—Subinspector Fahey said that the defendant had driven across the intersection of Stuart and Castle streets at 25 miles an hour. — The Defendant explained that he was in a hurry as he had a fare waiting at the railway station, but he did not think he was travelling go fast. —A fine of 20s and costs wag inflicted. Arthur Walker, charged with being the unlicensed driver of a motor vehicle, sent a letter to the court stating that he was waiting until his car was in bttter order before he applied for a license. The defendant was fined 5s and costs, BREACH OF BY-LAW. For driving cattle along the Main South road without an attendant in front Thomas Wintrup was fined 5s and costa. THEFT OF MONEY. Charles Alexander 1 ' Moore pleaded guilty to the theft of £8 in money and a purse valued at 7s 6d, the property of Annie Robertson Erwin.—Mrs Erwin stated that on the evening of January 11 she left her purse on the mantelpiece in the living room. When she went to get it on the following afternoon she could not find it. The window had been open in the morning.—Detective Jenvey produced a statement made by the accused that he had seen the purse as he was passing the window and had climbed in and taken it. He had spent most of the money on drink, and had only « penny left.—The accused was committed to the Supreme Court for sentence, bail being fixed at £SO in his own recognisance and one surety of £SO. ON LICENSED PREMISES. John Harris, James M‘Kinnon, and George Watt, who did not appear, were charged with being on the premises of the Green Island Hotel after hours.-Constable Hamilton said that he had found the three men sitting round a table in the kitchen of the hotel at 0.55 a.m. M’Kmnon had a glass of beer in front of him. Hie defendants stated that they had called in for tea and had stayed for a game ot euchre.—Each were fined 20s, and costs. WORKMAN’S QUARREL. George Simon Ross was charged with having, on January 19, at Dunedin, assaulted David Calder Leach. Accused pleaded not guilty and was defended by by Mr G. J. L. White. . Sub-inspector if'ahey stated that accused had gone to complainant, at the Old Post Office, where they were employed, at 4,56, and told him it was time to knock oft. Complainant said' that he (accused) was not nis boss, and he was going to continue his work. Accused then struck complainant, knocked him down several times, and injured him. Complainant stated that he was in charge of the atone masons’ department at the Old Post Office. Accused was working on the bottom floor. He came up, used bad language, and said that there had boon enough doi»o there that night. Witness said accused was not his boss, and accused said he was, and struck witness. Witness told him not to be silly, and accused knocked him down. He repeated the offence, and caught witness by the neck. Witness met the foreman, Mr Allen, and asked him what Ross had to do with him. Ross came up and began blackguarding him, and struck him again. Mr Allan pacified the accused. Accused said that be (witness) was no good, and had better be off the job. Witness’s teeth were broken as a result of the blows, and his face was swollen up. He had to get his teeth remodelled. His glasses were also broken. To Mr White: He had not been cheeky to Ross. Ho did not brag that ho would not take orders from accused or Allen. Ho never used bad language to Ross. He never said that he was a tradesman and would not take orders from Ross, who was half-drunk. He did not get two men the sack at the Town Hall, and he did not get the sack himself. More than two blows were struck. He did not trip. He was knocked over. He could use bad language when he liked, but he did not use it on this occasion. Henry M’Grath, employed at the Old Post Office, said there was an argument on, and he heard Ross say, “ pick up your tools ” to complainant. He saw accused strike complainant. They were having “ a go.” Tho complainant might have fallen down, but not from the effects of the push. Accused picked complainant up and knocked him down. Someone came and told ocoused to “ knock off.” Accused was downstairs and came up. io Mr White: There was an argument between tho two men, but ho could not say what it was about. Thomas Jones said Ross came up and said, " pack up, don’t take any more stone off there.” Leach said. “ You are not' by boss,” and Ross struck him and Letch fell down between the rafters. Ross pulled him up as ho might have fallen through, and he caught his foot on a s pike and fell. To Mr White: There must have been some ill-feeling between the two. Alexander Clydesdale stated that he heard Ross say to Leach to pack up. He heard two men at Wain’s Hotel call out “Turn that up, or I will give you in charge.” A blow was struck, but it was certainly not that that knocked Leach down. Mr White said ho would call evidence to show exactly what took place. There bad been previous trouble with Leach who had been sacked the previous day, and re-in-stated. He suggested that tho language used justified Ross in striking Leach. William Henry Murphy, called by Mr White, s aid Leach had turned round and said he would take no orders from Ross, that he was a tradesman, and used some very bad language. Rosa put his hand on Leach’s shoulder, and Loach foil down. Leach told a lie when he s aid that Ross broke his glasses. Ho had lold witness that Ross did not break them. To Sub-inspector Fahey: Both men used bad language. He only saw Ross give one push. Ho could not say how many times Ross might have struck Loach. Mr Bundle (with a smile): You are an Irishman? . Witness: No, sir; 1 am not an Irishman. Mr Bundle: What are you? Witness: Anything. Harry Henry Ross said he heard a bit of a barney ” going on. When working with witness complainant’s teeth dropped out, and now he said Ross broke them. Ho heard the bad language, but did not see “ the scrap.” “I ani a man who likes to keep away from here.” Mr Bundle: You are a wise man, Ross. Witness: You bet, s ir. Accused, in evidence, said he had pushed Leach, and then put him on his feet. Ho struck him. He could not help striking him after the names Leach had cajlcd him. William Henry Allen said that Beach had been ” sacked ” the day before and had been re-instated. Mr Bundle said that after listommr to the evidence there seemed to be no ciuestion at all that Leach was ready to resent any orders n-iven when Ross came up to give instructions from Mr Allen Ho thoujr.u it was quite probable ho had said that he would take no orders from him. Pro.iablv ho used strong language on that occasion. There was no doubt about it, it was more than a push that Ross gave him. Ihc circumstances did not justify Ross in committing the assault. Ross was in a position of authority and could have reported Loach to tho foreman. If there had been no provocation a heavy pomi ty would been imposed. Accused would he lined 2b.and ordered to pay witnesses expenses, £9 in default seven days’ imprisonment; poVp„ days being allowed in winch to pay the fine. .