PRESIDENT MAGISTRATES' COURT, CHARLESTON.
Friday, May 8. (Before Chas. Broad, Esq.,E.M.) Ed. A. Drwry was charged with obstructing the police ill the discharge of their duty, using insulting language, and calling upon the mob to resist arrest. Constable Paul said he was on duty, in company with other constables, in Princes-street, on Tuesday night a few minutes past 12 o'clock. There was some row in the Casino, and Mr Sturt and Mr Bunge requested us to assist in clearing the Casino. We entered, and those inside cleared out except the prisoner. I went and told him he had better clear out. He said neither I nor any other b man could put him out, upon which I seized hold of him and ran him out. When outside he called the police obscene names, and I arrested him and took him to the Camp. On the way he called " boys, boys, are you going to allow me to be taken in this way." With the assistance of Constable Franklyn I took him to the lock-up. Cross-examined by the prisoner— You were the only one who refused to go out. Cannot say how far you were standing from the bar. Did not first catch hold of or strike you. Was sober at the time, and did not strike or kick you when putting you out. The cause of your arrest was not because you threatened to summon the police nextjnorning. Tou were in custody when you made the threat. I had a stick in my hand, but did not strike you. No charge was entered iu the watch-book at the time, but it was entered between 1 and 8 o'clock next morning. This witness's evidence was corroborated by that of Constables Pranklyn and Rhodes, who were present on the occasion.
John Bunge, one of the proprietors of the Casino, said he had told Drury to go out but he would not, and he then requested Constable Paul to put him out. He objected to be put out, and said something to the constable which witness did not hear. The prisoner made a long statement in defence, averring that he was in the Casino on business, according to an appointment made with Mr Eoyn, one of the proprietors; that he had. been taken into custody without grounds by the police, who had maltreated him ; and that he had only been arrested because he said he would summons the police for an assault. Some approbation was expressed by the crowd in court at the conclusion of the harangue, which was, however, promptly suppressed. The prisoner called John Helms, who said he remembered Tuesday night, when there was a row in the Casino. He saw prisoner and about 20 other persons outside, and heard Constable Paul tell him to go home. Prisoner replied he had a tight to remain in the streets as long as he liked, so long as he did not molest any one. After a little prisoner said he should take out a summons against the police for exceeding their duty. Did not hear him call the police names, or call upon the crowd to assist him to escape from arrest. C. Foyn states that he had spoken
to prisoner about some business on Tuesday evening. He did not ask him to come in after the dancing, but something Was said about his calling in by and bye. John Buckland said —He left the prisoner inside the Casino,, about the time of the row, and afterwards saw him outside. Some conversation took place between him and Constable Paul The constable ordered the prisoner home, and latter said he had a right to stay iu the street if he liked. Did not hear the prisoner call the police any names, or address the crowd. The Magistrate said he should treat all three charges as one charge, and after pointing out that the prisoner, from being possessed of some education was more to blame than an ordinary uneducated person, sentenced him to a fine of £4> or 14 days imprisonment.
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Bibliographic details
Westport Times, Volume II, Issue 241, 9 May 1868, Page 3
Word Count
676PRESIDENT MAGISTRATES' COURT, CHARLESTON. Westport Times, Volume II, Issue 241, 9 May 1868, Page 3
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