DISTURBANCE AT WESTOWN

Taranaki Daily News, 16 December 1926, Page 11

DISTURBANCE AT WESTOWN

ADVENTURE IN A MOTOR-CAR. MEN BEFORE THE COURT. An incident at David Street, Westown, on the evening of November 6, had its sequel at the New Plymouth Magistrate’s Court yesterday morning, when several men made their appearance before Mr. R. W. Tate, S.M., on charges of behaving in an offensive manner in a public place. The individuals charged were F. Hurley, Ernest Graham, Archibald C. Fox, Ronald Land and Roy J. Daisley. The first two, who were represented by Mr. A. A. Bennett, pleaded guilty. Mr. R. H. Quilliani appeared for Land and Fox and Mr. L. M. Moss represented Daisley, all of whom entered pleas of not guilty. The circumstances were that the party in a motor-car drove through the gateway at the end of David Street, which is a blind street, and ran on to the property of one Knapman. The defendants alleged that the brakes of the ear jammed. The police alleged that the men used obscene language and behaved in an offensive manner. Constable Small said he had interviewed Lind, who had refused to make any statement. Daisley admitted that the car was his, but denied having used offensive language, or having behaved in an offensive manner. He admitted driving through the gate, but contended that the reason for this was that the brakes stuck. He managed, however, to puli the car up before it had passed completely through the gateway. Two residents of David Street gave evidence to the effect that on the night in question they heard a lot of talking and saw a ear with two men underneath. They heard offensive language but could recognise only one man (Fox), who was directing the driver how to get the car out after the brakes had been fixed. Fox came across to Knapman, the owner of the property, and apologised for the behaviour of the other two men. In answer to Mr. Moss, Knapman admitted that motorists had trouble in negotiating the road there, in turning round, but nobody exercising care should have had trouble. Mr. Moss explained that on the evening in question Daisley, when about to drive home to Fitzroy, was asked by Hurley and Graham if he would give them a lift. Seeing that both men were under the influence of liquor his client acted generously and gave them and another man who joined them, a ride to Westown. The occurrence of driving through the gateway- was admitted, but it was submitted that the damage was trifling. It was due entirely to his good nature that the defendant became mixed tip in this affair. It was not an organised outing for him and he was not responsible for the behaviour of the other men, nor was he a party to it.

Counsel thought that as the police had got the two men who were really responsible, both of whom had pleaded guilty, the charges against Daisley should be dismissed, since there was no evidence to connect him with the misbehaviour. Mr. Quilliani submitted that there was no evidence that Land and Fox participated in the offensive behaviour. The magistrate agreed with counsel that so far as these three defendants were concerned there was not sufficient evidence to connect them with the charge. The information was therefore dismissed. Mr. Bennett, addressing the court on behalf of Graham and Hurley, said they had admitted to 'tl.e police that they were underini!:;: rue of liquor. They regretl<d t’e occurrence and had given an a-esnr’••••« that it would not happen again. They did not remember using

the language .complained of. He asked the court, to take into consideration in fixing the penalty the fapt that hia clients had been perfectly frank from the start. Graham and Hurley were each fined 20s, with costs amounting to 13s,