MAGISTRATE'S COURT.

Sun (Christchurch), Volume VII, Issue 2127, 8 December 1920, Page 11

MAGISTRATE'S COURT.

TO-DAY’S CASES. Messrs F. H. Christian and W. H. Seed, J.P.’s, presided at the Magistrate’s Court this morning. “A Bit Hard.”— -John Hutcheson, a fourth offender for drunkenness, was sentenced to one month’s imprisonment. He pleaded for leniency, but the justices held that they had no alternative but to send him to gaol. “It’s aj bit hard!” Hutcheson remarked as he left the dock. Plenty of “Cobbers.”—A charge of assault was preferred against Albert Beaumont. The complainant, William Killish, stated that he had been acting as doorkeeper at a dance which was being run by his “cobbers.” The accused had come to the hall in which the dance was being held, and asked the price of admission until 11 o’clock. A “cobber” of witness’s informed him that the price until 11 o’clock was the same as the full-time price, which was 2/-. Accused thereupon became annoyed and remarked: “A man ought to drop you!” Accused added, as an afterthought: “Come on out and fight; you’ve got all your ‘cobbers’ with you!” He then struck witness. A fine of £2) in default seven days ’ imprisonment, was imposed. Charges of Theft.—George Curzon (Mr C. S. Thomas) was charged with having, on August 7, at Christchurch, received the sum of 14/11J, on terms requiring him to account for, or pay the same to, the New Zealand Automatic Bakeriss, Ltd., and with having fraudulently emitted to do so. A further charge of the theft of a watch, valued at £3, was preferred against him. When the case was called, the accused was not present. Mr Thomas explained that his client, who was on bail, had made all arrangements to come from Lyttelton this morning. The accused had been in bad health, and had been certified as unfit to remain in gaol by the gaol doctor. Hence the bail had been in a small sum, £SO. He would ask that the case bo adjourned until this afternoon to enable inquiries to be made regarding the whereabouts of the accused. Senior-Detective A. Cameron formally applied that bail be estreated. The ease was held over # until the afternoon. When the hearing was resumed, the accused was present. George Green, labourer, Kaikoura, stated that on July 22, 1919, ho pawned a watch in Christchurch. The amount he received was 12/ C. The accused subsequently worked with witness at Rotherham, and offered to redeem the watch for him. For this purpose witness handed accused the pawn-ticket and 1!)/-. That would be about October 8, 1919. He had never heard anything of the accused or the watch from that day to this. He had reported the loss of the watch to the police. Philip Metz, licensed pawnbroker, stated that ou July 22, 1919, the watch produced was pawned at his shop'for the sum of 12/0, The pledge was redeemed on October 9, 1919, by a man i whom lie did not know. Detective H. J. Le Sueur stated that the accused, when arrested, had admitted getting the watch from Metz, and had stated that he had repawned the watch at Wellington. ■ i Accused pleaded not "guilty and was committed for trial to the Supreme Court. The first charge was then preferred. On the application of the police a remand was granted until December 15. LYTTELTON. Mr S. E. McCarthy, S.M., presided at the Lyttelton Magistrate’s Court this morning. Refusing to Assist Police.—Bernard Ignatius Deinicheli was charged with refusing to assist Constable J. llislop in the execution of his duty when called upon to do so. Accused pleaded not guilty. Constable Hislop stated that on November 6, accompanied by Constable Mennix, he arrested a man named Gustav Gustavson, on a chargo of using obscene language. When arrested he became violent. He and Constable / Mannix put him on the ground, and with the assistance of four , firemen handcuffed him. When their prisoner got on his feet he said, “You have handcuffed my arms, but I have still got my feet.’’ Ho kicked witness a severe blow on the ankle. They struggled with the man, but were unable to remove him. Witness looked round and saw Deinicheli nearby and he called him by name, but he turned and walked away. After calling a third time Dcmiehelli stopped, looked round and shook his head. Constable M. Hodgins then came on .the scene and the prisoner was locked up. A quarter of an hour after the arrest he told Demicheli that he intended to report him, and the reply was, ‘‘ Go ahead, don’t forget; don’t let it slip your memory.” Deinicheli never mentioned anything as to being incapacitated. Deinicheli stated that the previous night he had to bo helped home by his partner. Ho had a note from Dr C. H. TJpham to state that ho was suffering from a bad rupture and was to avoid struggles. He fully admitted everything the constables had said with the exception of the kicking, which he did not see.\Tho constable did not ask him for his reasons for not assisting, and witness did not inform the constable as to his inability, reserving his explanation for the Court. His Worship having cited tho Act, said tht he had seen the necessity himself for such a clause being placed on the Statute Book. Several policemen in various ports of the Dominion had received in these street disturbances injuries which have either caused death or permanent injury. He did not think, however, that it could bo reasonably said that the police would call upon a sick man for assistance or on a person like the accused, who had a rupture. At tho same time, accused would have been very well advised to have told the police what was the matter. If so he would not have been taken to court. In short, ho had nobody but himself to blame. His that ho would not convict, because accused by rendering assistance might have injured his health. The information would be dismissed.