MAYOR’S ACTION

Poverty Bay Herald, Volume LXIII, Issue 19125, 21 September 1936, Page 13

MAYOR’S ACTION

EJECTION OF CALLER ASSAULT CHARG'D FAILS INCIDENT AT MEETING A charge of assault brought by .Tames McKee against the Mayor of Humly, William Charles Edgar George, was heard at the Magistrate’s Court at. Jlunt.ly. The charge was rite result ol’ an incident which happened at a borough council meeting on August 25. It was alleged by .McNee that the .Mayor had unlawfully thrown him out of the council chamber, thereby committing assault:. Mr. J. C. Black appeared for "complainant and Mr. W. 0. Claris, of Auckland, for defendant. In giving evidence, complainant said that be and bis two adult sons went to lay a complaint to the council, but after being kept outside for some time by the town clerk they were told that tiie matter had been dealt with and that it. was no use, waiting. They were not, however, refused admission. llr. Olavis: But you knew very well that the council refused to see you. Complainant: No. The Magistrate: Then you must have been dense. SEIZED BY MAYOR, Complainant then went on to say that on finding the door open he went quietly into the council chamber, where he was promptly seized by the Mayor and hurled through the door. Had he not collided with his son lie would have hurt his face oil the wall. Defendant gave evidence that AleNee had been refused admission by the council because his business was about a supposed allegation by tho borough council against McNee*» son in conned ion with damage to council property. The council had no such allegation to make and bad already discovered the culprits, so that there was no point: in interviewing AleNce and lie was told so several times. Complainant, however, entered shouting and waving him arms. lie was disturbing the meeting, and so witness seized hint by one arm and pushed hint out of the room. No violence was used. A CASE FOR ACTION. Similar evidence was given by C. Ilay Chapman, town clerk, and a councillor, G. A. Shaw. Mr. Black submitted that even if complainant were n trespasser he should have been asked to leave before being put out. Mr. Clavi.s asked whether the councillors, were to sit still while complainant jumped round the room and shouted threats. It was a case for action, and the proper action had been taken by the Mayor. The magistrate, in dismissing the charge with costs, said that under the circumstances complainant's entry into the room was forcible and the Mayor was quite justified in using force to put him .out. He was satisfied that no unnecessary force had been used.