A BREEZY INTERLUDE.

Sun (Christchurch), Volume III, Issue 827, 4 October 1916, Page 8

A BREEZY INTERLUDE.

TRIANGULAR CONTEST. COUNSEL, POLICE OFFICER, AND WITNESS. The proceedings at tho Magistrate's Court tHi-* morning were enlivened by a triangular verbal contest between a reluctant witness, a prosecuting police officer, and a solicitor. The case was one in which Reginald Cornwall, a youth, represented by Mr M. Donnelly, pleaded not guilty to a (diarge of using indecent language on September 15. Messrs C. P. Agar and F. Christian were on the Bench. James Barr, a fruiterer, said that Cornwell, late on the evening in question, in company with three other youths, stood opposite his shop in St. Asaph Street, and addressed many uncomplimentary ami indecent remarks to him. Alfred Lewis, a masseur, also called by the police, said he was in company with the accused, but could not remember any indecent language. Senior-Sergeant Mathieson: Oh, your memory is now defective? You don't remember making a statement to Constable Copelandf Mr Donnelly: I object to your asking witness such a question. Your worship, never in the whole course The Senior Sergeant: I'm laying grounds for making an application to treat this witness as hostile. He is obviously reluctant now. The Chairman: Proceed with your questioning. The Witness (to the Sonior Sergeant): lie had no clear recollection now of what he told the constable or what ho wrote down then. The Senior Sergeant (to Mr Donnelly): Will you produce a written statement, also made by this witness to you. Mr Donnelly: This is absolutely, perfectly painful. Anything of such a nature is absolutely confidential. Your Worship, I 'm pained. The Senior Sergeant: It explains the present attitude of the witness. Mr Donnelly then interjected that a word attributed to the accused was not indecent. The Chairman: We think it is. Mr Donnelly (to the Bench): You go home and look up the dictionary. It'« there. You don't want your decision to be appealed against, surely? The Chairman: The first witness gave other words, and he is a reliable witness. The second witness is certainly not reliable. Mr Donnelly: You put out the Crown's witness in this manner. I've never heard of such a thing. Senior Sergeant Mathieson: I ask per* mission to speak on the points raised. Mr Donnelly (looking.at the senior sergeant). Sit down. You've no right. I submit, your Worship, that the case should be dismissed without calling on, accused. The Chairman: We are satisfied there is a case to answer. You know, Mr Donnelly, that when we Justices are appointed, we are supposed to have a modicum of common sense. Mr Donnelly: An unsworn statement as made to the police by Lewis is not evidence.

The accused gave evidence that hj« (lid not use the language attributed to hiin. The Senior Sergeant: You got a summons to appear in this case, and then left for Wellington! A warrant had to be issued for youl Mr Donnelly: I gave an assuranca that the lad would return to Christchurch to answer the charge, but not withstanding that, he was arrested • The Senior Sergeant: And was immediately admitted to bail. The Bench said theTe was some element of doubt, owing to the unsatisfae* tory evidence. The case would therefore be dismissed.