MAN IN CHAINS.

Star (Christchurch), Volume LXVI, Issue 20361, 19 July 1934, Page 9

MAN IN CHAINS.

DELIVERED AT POLICE STATION.

An Amazing Court Case. MARSHLAND NEIGHBOURS QUARREL. Trouble in the Marshland district between neighbours, culminating in one resident being driven to the Police Station secured by a chain and padlocks, was aired in the Magistrate’s Court this morning. John Michael Gearschawski, of Hills Road (Mr J. A. Niblock) was charged with using insulting words and Arthur Reginald Myers, of Lange’s Road (Mr W. F. Tracy) with assaulting Gearschawski. Both offences were alleged to take place on May 25, arising from the same set of circumstances, but the two versions of the case were entirely different. Both defendants, who appeared on summons, pleaded not guilty. Mr E. D. Mosley, S.M., heard the case. “It is more than a scandal that these offences should go on, in a place adjacent to the city,” said the Magistrate at the conclusion of the case. “It has been a scandal for some time, and I am going to put a stop to it. I think myself that Gearschawski is to blame in a major degree, and Myers in a minor degree. Gearschawski is an old man and Myers comparatively young. He could, in my opinion, have k avoided this. Each will be convicted. Gearschawski will be required to enter W into a recognisance of £IOO and one suretv of a like sum. on condition that he keeps the peace to his Majesty and all his liege subjects, and specially Myers, for twelve months. He knows the penaltv-for a breach—he will go to gaol for that period. Myers will be required to enter into a recognisance of £2O and one like sum.” Chained in Truck. The senior-sergeant said the evidence in the charges would be so contradictory that the Magistrate would have to decide where the truth lay. At 7.10 p.m. on May 25 a telephone message was received at the watchhouse from Myers’s daughter, and a quarter of an hour later two constables v.ent out in the police van but. as often happened, they were just too late. At 8.15 Myers and a man named Lange came to the watch-house and said they had Gearschawski in a truck outside. Several police went out and were amazed to find Gearschawski chained securely in the truck. There was a large plough chain, or chain of that sort padlocked round his neck, and the other end was padlocked to the truck. There were serious contradictions in the evidence. Myers told the police that, when Gearschawski went home from the city that day, Gearschawski was under the influence of liquor and was heard to make use of strong language. The language did not 'amount to obscene language, but was possibly indecent language, said the senior-sergeant. There was evidence that some language was used that evening but not on the road. Myers said he had put up with that sort of thing before and warned Gearschawski to go home. Gearschawski, however, went from his paddock into Myers’s yard and attacked Myers with a piece of wood. Gearschawski, on the other hand, said he was attacked by Myers and dragged into Myers’s place. Myers, he said, struck at his head with a lump of wood, missed and struck him on the shoulder. Trouble For Tears. At the Police Station, said the senior-sergeant, Myers, demanded that Gearschawski should be locked up, as he had gone mad. Sub-Inspector Powell was not satisfied that Gearschawski should be locked up, and it was seen that Gearschawski was suffering from an injury. The inquiries made by the police resulted in these two charges being laid. There had been trouble in the district for years past. The Magistrate: I think we know something about them. The senior-sergeant: We have vards of correspondence about it. Whatever the outcome I would draw vour Worship's attention to Section *2l of the .Justices of the Peace Act, dealing with sureties of the peace. The senior-sergeant said that Servant L. T. Moore had made a plan of the locality and conducted inquiries. Counsel had been admiring the plan all morning. It disclosed great patience and thoroughness. The Magistrate (examining the p lan): I think the sergeant has mistaken his vocation. Mr Tracy: It shofild have been on exhibition last -week. The Magistrate: It certainly should dc in the Art Gallery. Myers’s Statement. The sergeant, in giving evidence, modestly referred to the plan as “ a rough sketch.” The sergeant said he had taken a statement from Myers. Myers said that at 7 p.m, that evening he met Gearschawski outside the house on the road, using language, and his daughter rang the police. Myers said that Gearschawski continued to abuse him and went into the yard and struck him, but did not hurt him. Myers said he threw Gearschawski to the ground, sent for a chain and tied him up. Lange and he t-ook him to the station. In a further statement Myers said that when nearing home he heard the roar of Gearschawski’s voice and later saw him “ rushing up and down like a raving lunatic and threatening to kill me.” Gearschawski said his “ cobber ” had killed a man at Ashburton and got off with it. and said “I’ll kill you and get off.” “ Thieves and rogues ” were only a few of the words used bv Gearschawski. When Myers went to tie up a pup, continued his statement, Gearschawski 'vent into the yard and hit him on the arm with a piece of wood. Myers threw him and held him down for a time, and then let him up. Gearschawski aimed a kick at him with his boot, but missed. Gearschawski Tied Up. Myers threw Gearschawski again and held him down. Myers asked his wife to get a chain to make Gearschawski safe until the police arrived. He put the chain round Gearschawski’s neck' and padlocked it, and padlocked the other end to/ the lorry. Myers and Lange waited some time, but. as the police did not come, they took Gearschawski to the station. Myers was

frightened that Gearschawski would kick him on the head, so took Lange with him. Just a week before Myers saw Nellie Gearschawski running down to his place, where Gearschawski was. She took him home, hitting him over the head and saying, “ Come on home, you old waster.” Sergeant Moore also produced a statement by Gearschawski in which he said that both Myers and Lange had a set on him. He was good friends with the other people in the district. On the night of the disturbance he saw Mr and Mrs Myers on the road with ah Alsatian dog. The same dog had

“ taken to him ” three weeks before, and he was frightened of it. G'earschawski said he got over the fence to his own paddock. Next he heard voices “ sooling ” the dog on to him. but it did not go near him. He told Myers to tie up the dog. but Myers picked up a stick and said. “ I’ll give ydu dog.” Myers followed him to the paddock and Gearschawski asked Myers not to hit him. The Constables Laughed.

Myers, he said, hit him on the shoulder and knocked him down. Myers then jumped on him and kept him down, saying that he (Gearschawski) should have been killed a long time ago. It was after that that he was tied up. The remark was passed, “ The police may not take him because he is sober.” Myers and Large, who had been called, carried him from the paddock over the fence to Myers’s yard. When they arrived at the police station three constables came out and laughed when they saw him, and one said, “ That is the best I have ever seen.” The stick, a heavy piece of bluegum,. was produced in court together with a heavy length of chain t similar to that alleged to have been used on Gearschawski. Mr Tracy (to the senior-sergeant) : You know that previously these two were before the court for a similar incident. The senior-sergeant: No. You don’t know that Gearschawski has accused Myers of assault before? No. Not of my own knowledge. I know they have been in court. Difl Myers tell you of another occasion he locked up Gearschawski? — No. Doctor’s Evidence. Dr J. R. Dawson, house surgeon at the Public Hospital, said that Gearschawski was admitted to the hospital about 11 o’clock at night. He was very excited and complained of pain in his right shoulder where there was a large bruise. He was X-rayed next day, but no bones were found to be brokeri. Witness thought Gearschawski had had some drink, but he was not drunk. He was discharged on May 30, but had since been back for massage treatment as an out-patient. The treatment was necessary to get back more movement to the shoulder. Mr Tracy: .How long was it from the time he was discharged to the time he received treatment again? Witness: From May 30 to three days ago. So the long delay was chiefly due to his own fault?—No. He was discharged thinking he was improved, but it w’as afterwards found he needed massage yeatment. He came ten days ago and was told to come back in a week’s time. The senior-sergeant: Could you suggest how the injury w’as caused? Witness: It could have been caused either by a blow or a fall. D r F. L. Scott, police surgeon, said that he examined Gearschawski at the police station about 8.30 p.m. Gearschawski had had some liquor, but the doctor considered that he was quite sober. He had abrasions on the left ear and the side of the face. He seemed to have an injury to the right shoulder, and witness sent him to the hospital. Gearschawski would not allow him to examine the shoulder. After lengthy evidence had been called. Mr Niblock said that it was difficult to know which of the two versions to believe. The Magistrate: If either.