NOT A WILFUL ACTION

Taranaki Daily News, 11 October 1928, Page 15

NOT A WILFUL ACTION

BREAKING OF A DISPLAY WINDOW DRUNKEN MAN IN DEVON STREET. On the score that, though he had damaged the plate glass window in the Devon Street shop of Arthur’s Ltd., he had not done so wilfully as suggested in the information, the charge was dismissed by the Magistrate when Harold John Jones appeared before him yesterday. He was convicted and discharged, however, for being found drunk in Devon Street early on Sunday morning, the time the glass was smashed. He had been locked up until bailed out on the Sunday evening, his solicitor explained. Somehow Jones had put his heels through the window and damaged a earpet inside, said Senior-Sergeant MeCrorie. He was going to ask that the carpet should be included in the charge, but he understood some arrangement had been made about payment for the damage. The affair was the aftermath of a smoke concert, five or six young men having come into town in a taxi.

N. A. Arthur said the cost of the window and signwriting damaged was £l7 and of the carpet £2B 19s fid. He had accepted £3O in settlement from the other men concerned. He had not known Jones was concerned in the matter. He was an old customer and witness did not believe he would break the window deliberately.

An early morning call to pick up seven men at Eliot Street was responded to by Ar th ..r Orbell, taxi driver. He drove them to the breakwater and on the way back they asked him to stop at the Breakwater Hotel. The publican absolutely refused to give them liquor, however. Then they came on in to town and he dropped the party outside K

ling’s Buildings. White he was collecting the fares from the other men he heard the sound of a scuffle and on turning round saw that Jones had broken the window. He was lying on the path and was not sober.

The incident occurred about 3 a.m. and Nightwatchman Richard Inch happened to be standing not far away. He saw five men get out of the taxi and one of them stumbled around. The next minute he heard a crash and then saw Jones recovering himself after breaking the window. Rushing up, he asked Jones what he meant.

“I broke the window and I’ll pay for it,” he said.

The Senior-Sergeant: Did he say anything else to you?—Oh, I’m not going to say in Court. Inch added that he shook Jones to bring him to his senses.

The Senior-Sergeant: Did he use no language in the street! Mr R. H. Quilliam (for Jones): That’s not a fair question; it’s not in the charge. "He was pretty intoxicated,” said John Sheehy, one of the men in the taxi. He caught hold of Jones to steady him and afterwards turned round to the taxi man about the fares. Then he heard the crash of glass. The Senior-Sergeant: Did you make a statement to the police that Jones was trying to get one on to you!—No. Sergeant McGregor explained to the senior-sergeant that a st itement was made but was not signed. Further questions by the senior-ser-geant were interrupted by Mr. Quilliam. “This is your witness, senior,” he said.

"But you can see how the case is going,” replied the senior-sergeant. "But I’ll ask him a few more questions.” To Sheehy: Where did you get the drink ? Counsel: I object to that because it is irrelevant.

He first met Jones at a smoke concert at East End, continued Sheehy. Jones was druijk when they left at 1.30 a.m. When questioned by counsel, Sheehy was positive Jones had not broken the window deliberately. Constable Palmer said he had arrested Jones for being drunk. Mr. Quilliam said it was obvious that Jc-nes had been disgracefully drunk. He was a married man and was employed as a carpenter. He had been indiscreet, for the once. He maintained Jones’ action could not be said to be deliberate or wilful and there was no suggestion in the- evidence that it was. The Magistrate: What do you say to that, senior! The senior-sergeant: It is not much of a case, but I may say the evidence did not come out as I got it.