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4 corrections, most recently by peter-macinnis - Show corrections



Incidents connected with the riot in King  

William-street on Anzac Day were again  

related in the Adelaide Police Court on   Tuesday, when Allen Dalziell was charged with having hindered Constable Feudeloff in the execution of his duty, namely, while he was arresting John Davoren on a charge of drunkenness. On the bench were Messrs. T. W. Fleming, S.M J. C. Jurs, H. Wells, and I. Isaacs. The defendant pleaded not guilty, and was defended by Mr. R. G. Nesbit. Sub-Inspector Ed-

wards prosecuted.    

Constable Feudeloff said that at about   4.15 p.m. on Anzac Day he was near the United Service Hotel in Kinf William- street. There was a crowd of people on the road and in the centre was a man named Jolin Davoren, who was drunk. The witncss ordered him to move on, and he staggered away three or four yards, and stopped. He was singing out m a loud tone, and the crowd were in a very ex- cited condition. He arrested Davoren, who  

struggled and threw himself on the ground. jhe witness got him on to his feet again, when a number of soldiers and civilians charged the witness, who was kicked and jostled and knocked about. He held on to the prisoner with his left hand, and

drew his baton with the other hand to   protect himself. The defendant Dalziell  

came up and caught hold of his right arm   and pulled him away from Davoren. He then snatched his staff and ran away. The witness caught him and got his staff, and Dalziell struck him with his fists, again pulled the baton away, and ran through the   passage of the hotel. The witness went, through the passageway and saw defendant being held by J. C. Gittings. As soon as he saw the witness following the de- fendant ran into Waymouth-place, where

he was captured. Dalziell was   taken to the watch-house, where he said.\, "I'll admit I took the constable's baton, but I did it so that he would not

hit me."        

Mr. Nesbit—The moment yon arrested Davoren did you become very unpopular

vvith the crowd?—I did.

lhere was a lot of jeering and hooting?


In fact, the thing degenerated into a riot directed against, you?—Yes.

J. C. Gittings, a stereotyper, said the crowd did not give the constable a fair deal, and they incited Davoren to resist. Near the hotel entrance he saw the con- stable holding Davoren, and the deferdant came up and snatched the baton from his hand. The witness took hold of Dalziell, to whom the witness appealed to return the baton. Dalziell immediately gave up possession of it.

Constable Canavan also gave evidence.

Mr. Nesbit said the defendant was re-

cently employed as chief inspector of the Motorbus Company, and left to go into camp If there was any interference on his part it was quite unintentional. Mr. Neshitt considered it was a case of mis-  

taken identity.

The defendant said he was an assistant quartermaster in the Expeditionary Force, and was in the non-commissioned officers' school. He went to the United Service Hotel with a friend. He denied that he

struggled with the constable, or took his baton away.

Sub-Inspector Edwards-Do you mean to say that vou never had possession of the

baton ?—Yes.

John James Stapleton, conductor in the employ of the Tramways Trust, Roland G. Jenkins, barman at the United Service Hotel, and Private Brown gave corrobora-

tive evidence

The S.M. said that the evidence was   very strongly contradictory. The bench had come to the conclusion that the de- fendant was there and had hindered the police, but they felt that they wanted to give him credit for his previous good re- cord. The police had to be protected. They had a very arduous duty to performm, especially on a day like Anzac Day, and the help hey might have expected was not rendered. Two witnesses for the prose-

cution had sworn to having heard the de-   fendant say in the City Watchhouse that he   had had the baton. Probably Dalziell had allowed his feelings to run away with him. The bench were not going to impose any thing like the maximum penalty, but the defendant would have to pay £2, with £1 costs, or go to gaol for seven days.


In the Adelaide Police Court on Tuesday i sturdy young Russian, who said his name was Antonin Horejsek, which the police are of opinion belongs to a prisoner of war in Western Australia, was charged

with bavini insufficient lawful means of

support. He pleaded not guilty and was defended iby Mr. C. M. Muirhead. Sub Inspector Edwards prosecuted.

Detective-Sergeant Fraser said that

consequence of a report received from Weste.-n Australia he had a watch kept on the North Adelaide branch of the Savings Bank on Monday. The accused detained there and tne witness bad an interview with him. Xhea-cciised said his name waa Antonin Horejsek, a Russian, fiom Bi-ozany, Teregenstap, Bohemia. The witness showed him the Savings Bank pass book and withdrawal order for £100 (pro- duced), and asked him if he had signed his name to the order and presented it at the bank. He replied "Yea," and added that the passbook belonged to him. He a&ked him his country and he eaid "Rrssia," and the witness then remarked, "You have given yolir address as Bohemia. , That is iu Arstria. The owner of this book fe an Austrian, and ia a prisoner of war at Rott- nest Island, Western Australia, and his Christian name is not Antonin, but Anton."

A*ked where he lived tue aceusH n-nlin/l

"An*, where," and th it he had olept in the "domain" the previous night. He could not name anyone in the Stite who knew him. but admitted baring come from Western Australia. The witneM sai-1 the accused told him he luJ crr.ved in the We-tcrn State in November, lí>13, but the bank-book showed that the account was opened in April of that year The acci-snl said he had reienfc'y drawn £2j from the bank. He also dr>c ared that he had opened the account with £10, whereas thp paäs-book showed that the fir t amoru! paid in was £103. The witness as«ed him how long he had be-m in South Australia, and lie reolied, "About two month í." Tlie pass-book, however, the witness deposed, was last operated upon on September 20 by tlie owner in Perth. He said to the accused, "The p?"i e in We> tern Australia have interviewed ¿lie owner,

and n hank officer at Perth baa identified ' him and he is now a prisoner of war at Rottnest Island." The accused remarked that he did not care ind that he owned the book. "I have no doubt whatever that you are an impostor," eaid the wit nes a."and I think you should be detained as id'e and disorderly."

Mr. Muirhead-Do' you know täiat there, is. a Bohemia in Russia, near the White Sea?-Never beard "of it there, and I don't think- it "has been moved' since I went to school.

Where did you- get the passbook from, the bank,. I suppose?-No; the Western Austca Han police.

lie wtie irving to draw £20 at North Adelaide?-Nfo; £100.

Do you suggest ûic is not a Russian? I think he is a Russian, but he claims bo be the owner of this book, and if he is. he mu:t be an Austrian.

He went openly to the bank?-He could not go anv other way. (Laughter.)

Do you suggest that he sto'e, the-book? He waa entrusted to give tlie book to t>e Austrian Consul, and instead he levanted

with it. ... ...

Constable P. A. Goldinc s*tîd he saw the accused on October 12 in Wellington-square, and said to him._ '"Where do you com--» from?" He replied that he came from Swansea, in Wales. The witness asked bim his name, and he sa'd it was David. Ques- tioned concerning his place of re_idence, he said he was living at a ham and beef shop in O'Connell-strect. In reply to fur- ther enquiries, the accused said he had been working in the north, but did not know the name of the place. He had 11/G and a bank receipt m his possession when


The accused said Bohemia was near the White Sea in Ritis'm, and Tcrejenstap waes a citv in that country. When he left there* he had £100, and he .»aved £100 in Australia. He opened an account with the Savings Hank in Western Australia with £10, and subsequently mid in other amount« totalling £193. He emphatically dec'nred that the passbook, produced, was hip property.

Sub-Tnspector Edwards-Do you write your Christian name An ton in?-'Yes, I «lid that just to make the -tam. _on#*_v

How long have you been called Horej

sek.?-Ever since I can remember. :

Wasn't Anton Horejsek a shipmate of yours to Australia?-No.

Did you tell Constable Golding you

were a Welshman?-Persons who come along the road, I tell them anything.

Mr. Muirhead asked for au adjournment j-o that he could substantiate tlie accused's statements.

The S.M. said the bench was of the opinion that in fairness to the accused there should be an adjournment of three weeks.

Mr. Muirhead asked for l'ght bail.

Sub-Inspector Edwards-Where are we going to find bira? He is a man here to-day and gone to-morrow, no home or habitation!.* I ask that the boil be sub- stantial.

Bail j was «allowed the accused in £20 and

a surety of a similar amount. j


Before Mr. W. Hall, at the Adelaide Police Court on Tuesday, several women" were pr&socuted for 'having' worn unpio teeted hatpins. In each case a fine of '?, G, with 10/ costs, was imposed. The defen- dants were Mrs. M. Summers, and Masses Alice Blumson, Ruby Gurr, Kate Walsh, Pearl Ambrose, Mary Mc-Hugh, C. A. Chap- lin, Florence Muirhead, and Helen Joidau.


The hearing was continued at the Civil Court, before his Honor Mr. Justice Mur- ray, on Tuesday, of the case in which A. -A. Tyley and his wifa,. Mrs. E. M. Tyley, clashed £1.GL0 dama^ea from W. H. Bruce in respect to an adsgsd breach of tgrcement aris'pîc out of a contract for the purchase and iemovaj of food refuse from the military camps. The plaintiff, A. A. Tyley. alleged that he had agreed .with the defendant-in the event of the latter obtaining a contract with tlie Military Department for the purchase and removal of certain food . refuse-that the defendant should sell to bim the waste material from COO men durang the con- tinuance of such contract, and that the plaintiff should p-iy the defendant for the material at the same rate as «should be provided for in the contract. A tender, which the plaintiffs alleged 'was that of the defendant, was accepted, and the plaintiffs for two months took the amount of material agreed to. On May 4 the defendant repudiated the agreement.

The defendant denied the aüeg-itions and pleaded that the tender referred to in die afcieement between the parties waa not accepted 'by the Military Department,

and that the defendant never obtained ' .iih' contract With the department, as alleged ' K was further pleaded that it was an implied term of the agreement between the "plaintiff and the defendant that Tyley should obtain from the

competent military authority access to the camps to which the agreement applied; also that the plaint'.-, A. A. Tyley, re- pudiated the agreement orally on or about May 4. The competent military authority in South Australia refused to admit the plaintiff to the military camp >it 'Morphettville and elsewhere for any purpose whatever, and further the defendant allezed that' the

plaintiff, A. A. Tyley, dir-cl'a-ged the agree^ ment L» !is_i"nin«g it to his wife. '

Mr. E. E. Cleland, K.C., appeared with Mr. A. J. i Mclachlan, for tne plaintiffs, «nd Mr. F. V. Smith, with Mr. A. W.

Norman, for the défendant. i

Mr. Smith continued his cross-examina- tion of the plaintiff, A. A. Tyley, _rom the previous day. In answer to ques- tions, the witness said it was not a fact that Major De Passey had told him on a certain Saturday night that he would not have jim in the camp. One of his men told liim that he (the employe) had been Iforb-dden to go to the camp without vthe

I written authority of Bruce. Bin ol ? rang the witness up on the telephone and

saitl that one of the witness' men had got

thom into a mess. He understood him ' to be referring to a complaint which had been made about a shin ot beef. Bruce added, "It took me aT my time to »prevent

them goinir on with it."' By that he un- ¡ ' derstood bim to mean that he had had 1 difficulty in preventing them pro-secuting

tlie man. The witness replied that he i wa3 very sorry that the defendant iad | done anything in the matter. He intended j Bruce to uuderfrtand by tliat that if his man had done anything wrong he was sorry that lie had done anythin».. to pre- vent his being protseeuted. Bruce did not say to the, witness, ;'I will give you nothing. I have been fold thei military people are go.'ng to cancel the contract _t tlie end of the month on account of the trouble they have had with you. The wit- ness did not say, "Won't you give 'me


After further cross-examination the wit- ness said the DOSJtion was that he had been deprived of the opportunity of keeping S3 extra pc'gs as the result of the breach of

the agreement. He had not made any effort .

to find other supplies of waste food. Ii woufld have cost £14 a day to replace with pollard the refuse he liad been receiving from the camp under the agreement. He disposed of a number of his pigs and re- duced Ivii- stock to what he normally kept.

The cross-examination was not concluded when the court adjourned till this morn- ing.


AB the result -df evidence given in the Adelaide Police Court recently in the ca«e in which Richard Malthoiwe was charged with havÍEg stolen a quantity of iron iro-m Harris. -Scarfe, & Co., by whom be was cm-ployed as a driver, Edward Collins, a plumber, of J'akcr-ijts'eet. Port Adelaide, was arrested on Monday by Constable Hur-

ford. He was brought before the Ade- laide Police Court later in the day and charged on the information of Private De- tective G. H. Butscn with having on or about September l8 received two cases of iron, valued at £30, belonging to Harris, Scarfe, &, Co., knowing it to be stolen pro- perty. Mr: K. Healy (Mr. F. V. Smith's office) appeared for the prosecution, and -Mr. H. Alderman (Meare. Nesbit & Ne-s lùt's office! for the accused. The hearing was adjourned till Friday, and bail was fixed in' a personal recognUanee of £50 and a surety of a similar amount. . j


Tuesday, October 10.

(Before Sir. * <^Hi_-eiissiouer Ra".eE, S.JI.1

In the Assigned Estate of Cliarles Linds.. Horner and Leslie Arthur Fr_m».s Weir, tofrither as Horner Bros., at Piric-street, Ade- laide. Cycle Dealers. Mr. T. S. 0'H.illoran, act

iug for the in-olvents, .applied for an order to , .liseLiim agreement ¡eases between cerUin leifors j Jlr. N. J. D_r_T_ve represented Edith C. Knox and Walter Gooch, lessors. Jlr. L. W. Dawe, of Messrs. W. k T. Pope, appeared for T. J. L. Richard., a.ktror.

The Conunhsioner maeic an order for ieave to disclaim on the- paj-ment bj' the insolvents of £12 for rent and two 'guineas lessors' costs.

Jlr. Hargrave asLed for the paj-ment of rent (£7) up to October 23. and t_it a claim to prove for £_5 for breach, of covenant to repair should be admitted.

The G-immif_ioner granted the former request, and admitted lessor to the proof on payment of '£,"> to cover rt pairs.

In the inîolvenej- of George Branson, who car- ried on business as a Chaff Merchant, at Free- ling and Adelaiele. Mr. J. R. Baker, who ap- peared for the Trustee, applied for the Commis- sioner to sanction the terms on a statement to the effect that Edwin Davey & Sons had

contract with the insolvent for the supply of -SB tons of b»_n ewers. That firm did not -ret d » livery, and a claim of £116 was sent in for dnm _ges for breach of contract. It had been agreed to reduce the claim to £75.

(The Commissioner sanctioned the proposal, proof to be admitted for £75.

Jlr. Baker further applied for the termination of two agreements betwren the Railways Com- missioner and the insolvent, made on July 16, lOCfl. and March S, 1011.

The former had agreed to the terms.

The Commissioner granted the application.


Tuesday. October 19,

(Before Mr. Commissioner RusselL)

An application for" compensation under the Workmen's Compensation Act was. made by James ' McKay, sometime.! known as Jnraci; (or lijf) McCoy (the applicant), and T. E. Davis, of James- town (the rcpondent). An application was made for compensation in re.pcct at injuries alleged to have happened l8 months ago by hot ashes, which . cauttd the lusa el one ,eye. Mr. T. S. O'Halloran, ?who appeared on beiialf of the re^ponJent, men ' liined that he liad received a notice from the

applicant's solicitor to the effect that he did not intend to pursue tlie claim. Counsel contended there was no powci inkier the Act to discontinue the proceodinss, and that the only method oi ending them once they were started was by an order of the court. Cm his application his Honor made an order dismisalns the application, wita ¡ £8 8/ costs.


r Tuesday, OtAober 19.

(Before Messrs. T. W. Fleming, S.JL. H. Wells,

I. isaacs, and J. C. Jur_.) '

i William Smith, who signed the pledge, was ordered to pay 1/ cost, on a charge' of drunkcn ue". Ile wns turlber charged with having as- saulted his wife, Jane Smith. Mr. C. JI. .Muirhead appeared for the informant, who _a.d i he had the hair with her that the' defendant had pulled out of her head. He had freejueutly l_u-eat.ue-a to take her life. The dci_i__iit told the court that the whole trouble had been caused bj- drink. Coastable P. Concannon, who arrested the defendant, gave evidence in supp-wt of the charge. The defendant was bound over to keep the peace for three months, in two sure- ties of £10 each, in default three months' ¡m pr" ii'mrvnt

Thomas William Bean was charged, on the in form.uou of lus w.fe, Edith iü.y Bean, with having threatened her in the following wont: "I'll do for j-ou." Mr. C. M. Muirhead ap- peared for the defcnc-int. The informant's daughter a_k_d for an adjournment for a fort- night, as her mother was ill. and the request was '.ranted.

' (Before Jlr. W. Hall.)

Jfav Spillairte. who was arrest-d in Hindley street on Jlondav bv Con»"tabl-s Kitchin and Mc- pherson, was charged with liaving irsulilcicnt lawful means of support. Evitlence was given i bv the police to the effect that the defenclant _>__

| onlv recently come cut of gaol, wb-re she bad

nerved three' vears for afs&ult and robbery. She i had bein -cetrina- out and keeping coiipaaiy with

| persons of bael charactor. Two months' imprison

? ment was ordered.