THREE MEN SENT TO PRISON

Southland Times, Issue 24686, 6 March 1942, Page 6

THREE MEN SENT TO PRISON

Sequel To Assault Ou Constable Football tei'ms were drawn on freely by witnesses in the Magistrate’s Court yesterday before Mr R. C. Abernethy, S.M., in the hearing of charges against three men from Limehills of obstructing a constable in the execution of his duty. Describing a fracas which occurred at the Riverton railway station when an excursion train was passing through, witnesses spoke of a “scrum” and a “flying tackle.” The accused were George Hammond, Herbert Charles Hammond and Charles Edward Hawkins. Hawkins was also charged with being drunk on a railway train and George Hammond was charged with using obscene language. All the accused, who were represented by Mr J. C. Prain, pleaded not guilty. They were each convicted and sentenced to one month’s imprisonment. On the second charge Hawkins was ordered to pay costs £3/2/7. The second charge against George Hammond was dismissed. PICNIC TRAIN Senior Sergeant W. T. Kelly said a combined Winton district schools’ picnic to Colao Bay had been held on February 25. The three accused were passengers. Mr W. J. Bennett, head master of the Winton district High School, was in charge of the train. Shortly before it left Colac Bay he saw Hawkins taking beer on to the train. He accosted him and George Hammond became abusive and threatened violence. Hawkins was drunk. A message was sent to the police at Riverton and Constable Knapp went to the Riverton station. He was in plain clothes, having no time to change. He decided to arrest Hawkins and remove him from the train. As the platform was crowded he decided to take him away on the off-side of the train. Herbert Hammond accused the constable of striking Hawkins and threatened him. George Hammond then struck the constable above the left eye while Hawkins was struggling. Both Hammonds struck blows. As the train was about to leave the men got on board and left with it. When the train reached Winton Constable Wood interviewed the accused who denied all knowledge of the affair. Tire train had been overcrowded, there being 1290 persons on it and seating for only 1000. DIVERGENCE OF OPINION For the defence Mr Prain submitted that there was not sufficient evidence for the charge that Hammond was the person who used the obscene language. There seemed to be a definite divergence of opinion of those who saw the incident. Tire Magistrate: Yes, I agree on that point. I am quite convinced that there was obscene language, but there is not sufficient evidence to establish who used it. The charge is dismissed. It was submitted by Mr Prain that there was also insufficient evidence to justify the charge of drunkenness against Hawkins. The charge of obstruction presented greater difficulties, however. The incident had been most unfortunate. There had been no charge of assault or resistance. There was nothing in the constable’s evidence to suggest that he considered there was about to be a breach of the peace. It was stated that the constable did not produce his identification card and if that was so both Hammond senior and junior were not obstructing but were merely attempting to prevent disorder. There was much conflicting evidence and it would be almost impossible for Constable Knapp to know exactly what did happen. In giving his decision the Magistrate said that the constable’s evidence was supported by other evidence. He did not believe the evidence given by Hawkins and very little of that given by Hammond senior. OBSCENE LANGUAGE Oliver McComb, aged 66, of Limehills, pleaded guilty to a charge of using obscene language at Colac Bay. Mr G. J. Reed, who appeared for the accused, said McComb had been foolish. He had recently suffered a bereavement and counsel asked the Court to take into consideration that fact and also his age. The Magistrate said that if McComb had been a younger man he would have sent him to prison for a month. Because of his age he would impose a sentence of seven days’ imprisonment.