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THE BALLARAT POLICE COURT.
The Ballarat Times reports the presentation of the
following remarkable scene at the Eastern Police
Court, on Monday last:-
A SCENE IN COURT.-At this stage of the proceed-
ings, Senior Constable Magan made some observations
in an undertone to the Police Magistrate. The Police
Magistrate : I wish to know, Constable Magan, what
you mean by making that remark? Constable Magan :
I am acting under orders, your Worship, and, I cannot
do what you request. I have received my orders
from Mr. Taylor. Mr. Inspector Taylor : The orders
I have given are that constables as police are only to
perform duties strictly within their province as con-
stables. The Police Magistrate: May I ask, Mr.
Taylor, do you consider it outside the duty of a con-
stable to hand a summons from a witness to me? Mr.
Inspector Taylor : No, I do not consider it so ; but I
am in entire ignorance of what occurred. The Police
Magistrate: As Mr. Taylor has professed his entire
ignorance upon this matter- Mr. Taylor: No, I did
not; I said- The Police Magistrate : You certainly
made that observation, and I will not permit the Court
to be interrupted. There has been a disposition re-
cently evinced of refusing to afford facilities to the
magistrate for carrying out the administration of jus-
tice. I may, however, refer to the law upon the sub-
ject, which is very plain indeed. The authority vested
in the Bench is distinctly set out in 16 Victoria No.
24, sec. viii., and that section is as follows :-" Every
chief constable, sergeant, cadet, and constable, shall,
when not engaged on actual duty, attend on the
Justices of the Peace at the several General Sessions,
and also at their Petty Sessions, which shall be held at
the respective places where such chief constables, ser-
geants, cadets, or constables may be stationed, and
shall obey and execute all the lawful summons, war-
rants, executions, orders, and commands of such jus-
tices at such session, in all cases, civil and criminal." I
am now told by a constable of police that he will not
hand a summons from a witness to the Bench, and that
he is acting under orders. If those who give these
orders do not know their duty, they must be taught it.
Mr. Inspector Taylor : They don't require to be told
their duty even by the Bench. The Police Magistrate :
I want no further discussion on the subject. If the
police do not perform their duty, the Court has a way
of punishing them. Mr. Inspector Taylor : You have
defamed the police, and (striking the table) I insist
upon being heard. The Police Magistrate : I will
not hear you, Mr. Taylor. I request this summons
will be handed according to my directions, Mr. In-
spector Taylor (addressing Constable Magan) : Was
that all you were asked to do? Constable Magan :
That was all, Sir. Mr- Inspector Taylor : Do it
instantly. I wish to say the remarks made are uncalled
for. The Police Magistrate : I will hear no more on
the subject. Mr. Inspector Taylor : Then, Sir, I tell
you, you will hear about it elsewhere. The Police
Magistrate : I have before stated I will not hear any
further discussion ; but I now tell you,. Mr. Taylor, if
you repeat that impertinent remark to the Court,
police-officer though you be, I will send you to the
lock-up Mr. Inspector Taylor : Well, I have my
remedy. The Police Magistrate : Let the case pro-
ceed. The case proceeded accordingly After the
lapse of a few minutes, Constable Magan, with pen in
hand, was apparently writing something upon the
Clerk's desk, whereupon Mr. Inspector Taylor said :
I thought, Magan, you were only handing a summons
for a witness ? The Police Magistrate : The Clerk
of Petty Sessions, Mr. Bell is absent from the
ordinary duties of the Court, preparing the
Electoral Rolls, and I have merely requested
Magan to insert a name in the affidavit of service.
Mr. Inspector Taylor: I am carrying out the direc-
tion of my superior officer, the Superintendent of
Police, in directing the constable not to do any clerical
business. Mr. Bell is paid for discharging a particular
duty, and the police are not to do it for him. The
Police Magistrate : What! not to write the name of a
person in a summons to facilitate the proceedings of
this Court, when the Clerk is unavoidably absent in
the performance of an indispensable public duty? Mr.
Inspector Taylor: I am acting myself under the orders
of my superior. The Police Magistrate : I request you
will not interfere further, Mr. Taylor. Mr. Inspector
Taylor : I am obeying directions. The Police Magis-
trate : I now direct you, Constable Magan, to insert
the name. Senior Constable Magan : I am ordered
by my officer not to do it, and I cannot do it, your
Worship. The Police Magistrate : Very well. I have
no course left me under such extraordinary circum-
stances but to adjourn the Court until two o'clock. It
is impossible for me to proceed. Mr. Inspector Tay-
lor : I am glad it has come to this. The Police Magis-
trate : This Court stands adjourned until this after
noon. The Court was then adjourned. At the after
noon sittings, on the doors of the court being opened,
the available space for the public was filled in evident
expectation that some reference would be made to the
proceedings above-mentioned Mr. Superintendent
Winch and Mr. Inspector Taylor were both present,
but as the clerk, Mr. Bell, was in attendance, and
therefore the services of a constable were not re-
quired, nothing transpired to throw light upon the
subject.
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