BOTTLE-THROWING EPISODE.

Taranaki Herald, Volume LXIII, Issue 144715, 25 June 1915, Page 6

BOTTLE-THROWING EPISODE.

A FINE OF £5 IMPOSED. In the Magistrates’ Court to-day before Mr. A Orooko S.M., Donald Paul was charged with throwing a bottle at Hallonstein Bros., window in Devon Street on May 17 with the intention of causing da.mage to the premises. Sub-Inspector Foully appeared for the police and Mr. J. 11. Qnilliam for the defendant. Edith Lambert who resided in Eliot Street, was the first witness. Sho had attended' the patriotic mooting on . tho evening of May 17, and was proceeding home with her sister, .Ruby, and Mrs. Johnson and her daughter. When passing Wallenstein Bros.’ windows she saw Paul who was walking in front of her throw a liottio which struck tho woodwork of tho-windows andvftew back sinking her foot and then Mrs. Johnson. Sho knew the defendant well. Paul was accompanied by E.. Davidson and two others, tho names of whom sho did not know. She was certain tho bottle was a stono one similar to tho one produced in court.

To Mr. Quiliam: Paul was tho closest to the window. Sho was practically certain ho had on a light overcoat and a hard hitter. Tho footpath was crowded and she did not notice a policeman. She had not talked the affair over with her sister.

Mr. Qnilliam - maintained that tho witness could not sec the defendant take a bottle from in front of him and throw it at tho window.

To Uis Worship: Sho had known Paul,for a long time and was suro ho throw the liottfo.

Ruby Lambert, sister of the previous witness, said she had known Paul ever since ho commenced business. When passing the window Paul would be about three stops in front of her. Sho thought ho took the bottle from his pocket. To Mr. Qnilliam; Sho was sure Paul throw the bottle. She saw no policeman. She, had not talked the matter over with her sister.

To His Worship; Sho might have said a word or two about tlm affair but had not had a discussion on it.

Ellon Johnson, L-otnon Street, gave corroborative ovklence.

To Mr. Quilliam; Paul was nearest tho window and she was sure he threw the bottle. Constable Pitegibbono had questioned her and ho said no further proceedings would be taken. She had not talked the matter over with tho iamhort sisters.

Mr. Quilliitm said that tho defendant occupied a responsible position, as partner m the firm of Jackson and Paul. The town was seething with excitement and ihers were a good many people about to see some fan. Tho defendant iiad passed Hallenstcins’ window four times anil ho had not thrown a bottle or any other missile that night. Tho suggestion of tho thing was absurd and no respectable man would do such a thing. Paul had been a customer of Hallenstcin Bros., for some time prior to the war and still purchased goods there. He was surcrThat the witnesses he would call would not committ perjury for the sake of assisting Pan! to evade a light fine. Kvidently the girls had made a mistake. Their evidence was unsatisfactory and was given in parrot form. Ronald Paul, the defendant, said he was one of the partners of the firm of Jackson and Paul. On tho evening of the occurrence he passed the H.B. window four times. When his friends and himself passed the window shortly after 10 ho thought Davidson was nearest the window. He did not throw the bottle and had not seen one thrown. Ho saw a policoman uoar the premises. The first ho heard of the matter was when ho read about it in the paper next morning. It was common talk that some premises would be attacked that night and he heard the names of Hart's and Nippon Bros., mentioned, but not Hallenstcin Bros. He had been a customer of tho H.B. for some lime and had dealt with them since the war. He had no fooling of animosity against Hallenstcin Bros. Ho was wearing a lelt hat on that night. He had never been charged with any previous otic nee.

To ijinh-Inspector Foully; Ho passed the shop eastward at 8.20 and again westwards 10 minutes later. He passed again a littlo after 10. , lc was not certain that it was Davidson nearest the window, lie did not remember in what position he was. He had been in the company of Davidson all the evening. lie passed Nippon Bros.’ twice. R. Jury, H. Bull. A. Robson, J. .Simpson, and R. Davidson wore with him when passing llallensteins’. He and his friends went homo to his plan! and they parted about 11 o'clock.

Ronald Davidson, ehomuns’ assistant, said he was with Paul and others on the night of the occurrence. There was a good crowd passing the H.H. window shortly after 10 p.m.. and when he passed he .saw nothing out of the ordinary. Ho had heard that Hart’s promises wore to he attacked. He was nearest the window when passing. He did not see Paul throw anything and heard nothing. He did not think Paul could take a bottle from in front of him and throw il without him seeing Paul.

To Suh-lnspoctor Eouhy: He thought Pa .il had on a soft grey felt hat and a green or brown overcoat. Ho passed Nippon Bros,' twice, lint did not six-, the broken window there, though he heard tho crash which could he beard a long distance away. He was sure the window was not broken when he wont past. Me thought it was about midnight when ho left Paul, hut was not certain as to the time.

John Simpson, dork in tho telephone exchange, gave corroborative evidence.

His Worship slated that ho had to judge between the girls 1 evidence and that given for the defence. It made no material difference in what position defendant was when he passed the window. If he did not eonviot lie would have to hold that the girls’ committed perjury. Mr. Qnilliam; If yon do convict it will place Paul in tho same position. His Worship then convicted thg defendant and ordered him to pay a fine of £5, with court costs 13s and witnesses’ expenses amounting to !)s.