DUNEDIN POLICE COURT.

Otago Witness, Issue 3015, 27 December 1911, Page 29

DUNEDIN POLICE COURT.

Wednesdav, December 13. (Before Mr H. Y. Widdowson, S.M.) Result of Larrikinism.— Charles Colson, aged 17 years, pleaded " Guilty " to throwing a bag of flour on the evening *-* *he 6th inst. to the danger of perfton-. —_..«> Sub-inspector said that on the evening before the general election a large crowd gathered at Cargill's Monument. It was about 9 o'clock when accused committed the offence, there being then present about 500 people, mostly of the larrikin element, the more respectable among the people havino- goaa away. The police had a very difficult task to perform to check the disorderly conduct on account of the crowd being so dense. He himself was present in plain clothes and saw what went on. The police did all they could to get the people to desist and fro away home. It was necessary to take one or two to the police station. They were caught in the act. - Missiles were thrown and windows were broken, and a stone, apparently designed to strike one of the police, hit a young lad on the temple and felled him to the ground, so that he required to be surgically treated. Accused was seen to pick up ' a sack and throw it.—Mr Camming said he knew accused, and had on one occasion had him sent to the country to work on a farm. He was at present working at the Otago Foundry, his wages being 22s 6d a week. He gave the money to his parents and thev returned to him 2s as pocket money.—Accused said he had nothing to say, and in answer to a question from the bench he replied that in the evenings he sometimes went to the pictures and sometimes to the wharves to fish. —Mr Widdowson remarked that the offence was a most reprehensible one. He had already dealt with a man for a similar offence on the same evening bat he was older than the present accused. However, the lad was of an' age to know that the practice was one that should not be indulged in. Me advised him to put himself into Mr Axelsen's hands and keep off the street. — A fine of 20s was imposed, with costs (7b). — Samuel Randolph Allison was charged with throwing a sack, and entered a plea of "Not guilty."—The Sub-inspector, said that the offence was committed on the same evening as in the last oase, and evidence was given by Constables Fenton and Woods and Sergeant Eecles. —Accused said that he was 23 years of age, yesterday being his birthday.—Evidence on his behalf was given by John M'lndoo Nicol.—Accused was fined 40s and costs (7s). Vernon Allan Burnside, 16£ years of age. was charged with throwing an egg on election night, and he pleaded " Guilty."—The Sub-inspector explained that tho occurrence took place at 12.30, the eggs being thrown from the Triangle among the crowd outside the Daily Times building. One of them struck a lady, ruining her dress beyond repair. Accused had four eggs in his pocket when caught.—Mr Widdowson said he would take into account the youth of accused, and imposed a fine of Is and costs (7s). John Douglas Bain was charged with throwing a aa ok. —]y[ r Scurr appeared for him, and pleaded " Guilty."—The Sub-inspector said the offence took place at 10.40, when the sack throwing was at its height.—Mr Scurr said accused had only just arrived on the scene, and the first thing he knew was that he was struck by a wet sack. He was naturally somewhat incensed. _ He waved it round his head and threw it from him, but without any intention of hurting anyone.—The Sub-inspector said that this was not so. Accused rushed inside a ring, picked the sack up, swung it round his head, and knocked a young fellow down when he let it go.—A fine of 40s and costs (7s), was imposed. Andrew Clark pleaded "Not guilty" to throwing a piece of cloth. —Mr Callan appeared for him, and asked that all witnesses should leave the court. —-The Sub-inspeotor detailed the circumstances, and cajled Constable Webb. Evidenoe was also given by Valentine Egglestone and Richard Egglestone.—Mr Callan put defendant in the witness box and also called Stewart Houston. —His Worship said there was an element of doubt in this case, although it was suspicious, and accused got the benefit, tho cos* being dismissed.

Monday, December 18. (Before Mr J. R. Bartholomew, S.M.) A Saturday Night Disturbance. —Charles Banwell and James Nicholson were charged with causing a breach of the peace in Princes street on Saturday night.—Banwell pleaded " Guilty " and Nicholson, for whom Mr Scurr appeared, pleaded " Not guilty." —Nicholson was further charged with using obscene language, and pleaded " Not guilty" to this also.—Sub-inpector Cru'ckshank stated that at 10 minutes to 12 on Saturday night some young men were jostling one another in Princes street and using bad ianguage. Constable Finch cautioned, them, and told them to go home, but as he turned away the two accused started fighting, and Nicholson used an obscene expression to Banwell.—Constable Finch deposed that he had warned the two accused three times previous to the arrcr.fe. They were having a stand-up fight when they were taken in charge. He had come between them and tried to get them to separate and go home, but they would not do so. —To Mr Scurr: Banwell had a good opportunity to go home, but he followed the other man along the street. Witness saw blows struck by both of the accused.— Constable Johnston deposed that he had seen the accused fighting. Nicholson was so violent when, arrested that they had to put the handcuffs on him. At the Police Station he heard Nicholson admit using obscene language under provocat n. —To Mr Scurr: He did not see any blows struck, but the two men were struggling on the ground.—Mr Scurr asserted that from the evidence of Constable Finch it was plain that Banwell was tha aggressor. He was en his way home when the disturbance took place.—Nicholson went into the •witness box and said be had never seen Banwell till Saturday night, when he met him at the pie cart. Banwell wanted to fight him for a " tenner," but witness refused. Banwell followed him along the street, and struck him a blow in the eyo that knocked him down. Witness remembered neither using obscene language nor having admitted using it. —To the Sub-in-spector : Witness had a certa'n amount of liquor that night, but be could not say how much. —Mr Bartholomew said he must find Nicholson*guilty of both offences. He had had plenty of opportunity to get away if he had wished to do so.—The Sub-in-spector said that Banwell had been sentenced to two months' impr'sonment some time ago for an assault upon Mr Gallaway, iun. At thf» time of the present offence he was going away from his home. —Mr Bartholomew: Banwell appears to have been decidedly the aggressor, and to have got much the better of the encounter. —Banwell was fined £3, with the alternative of two weeks' imprisonment, and Nicholson was fined 20s, with the alternative of seven days' imprisonment for the breach of the peace. —The Magistrate said this was not the ordinary oase of obscene language that came before the court. The words were used only to Banwell under considerable provocation, and. in the circumstances, he would inflict a fine of 20s, or seven days' imprisonment.

Assault Case Adjourned.—Mr Hawkins, instructed by Mr Hanlon, appeared for Willim Gitters, a native of the West Indies, who was charged with assaulting Edward James Skinner, a butcher on the Moana, w.'fch intent to cause him grievous bodily harm. —Sub-inspector Crui°kshank stated that the offence was committed on Saturday afternoon, and the accused had been arrested later on. The police had not,_yet been able to thoroughly investigate the matter. —The case was remanded till Friday. With reference to bail, it was stated that Gitters had lived some years in Dunedin, and was a married man with four children. Bail was fixed at accused himself in £IOO and two sureties of £SO or one of £IOO.