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Charge AlteredAllan Morris was before the Court on a charge of alleged riotous behaviour.Richard Pacey deposed: On 22nd of last month I was at the Victoria Theatre. Belgraye-strect. a little after 7 p.m. I was in the lane at the side of the Theatre. I saw defendant Morris just prior to the pictures and again at 9.30 p.m. I was standing near the side door of the Theatre at half-time. He asked me if I wanted to fight, and he said I was yellow, as I didn’t want to fight there. Morris hit me in the eye. He hit me three times. I was dazed and I couldn't stand up for a u’hile. I went down.I had marks on my face. After Morris hit me he left by the back way.To defendant: I didn't say Herewill do when you asked me to fight. I didn’t follow you about, and I did not tell anyone that I had a knife in my pocket.Harry Lalor deposed: On 22 nd August I was in the lane at the Victoria Theatre at 9.30 p.m. I heard Morris ask Pacey for a match. Pacey said to wait till he made a cigarette. The question and answer were repeated. Morris said: If you don't give me a match I’ll job you. Morristhen hit Pacey twice, and Pacey tried to get his coat off. Morris hit him whilst Pacey was trying to take his coat off. My wife got hit by Morris. My wife was in a delicate state of health. Morris ran away, gettingover the fende at the back of theTheatre. I saw Pacey lying on the ground. I had a child in my arms. Mv wife was distressed.To the P.M.: There were twenty or thirty people in the lane at thetime.Dect. Clarke deposed: I saw Pacey in front of the Theatre that night at 9.30. He was standing on the footpath. and he appeared to be in a dazed condition. He had two large swellings on the left side of his face, and a cut over his left eyebrow. His left eye was blackened and almost closed, and he had a lump on the back of his head, and a lump on his left ear. T took him to the lock-up and charged him. On 24th of August I saw defendant at Burnt Bridge. I asked him why he didn't stav till the Police came. He said: “I knew I'd get locked uf* so I ran away. I said: “Pacey tells me you never gave him a chance; that you king-hitted him while he was taking off his overcoat. He said: “I thought he had a knife. He often has a knife.” I said that Pacey was rolling a cigarette, and defendant said: I thought he might pull it out of his pocket.*' Defendant said he had nothing in his hand, hut that he’d had his hand strapped up with a handkerchief. I said I’d never heard ofreoruary or noi. i nai is a matter for the Engineer. I have been Shire Inspector for 25 or 26 years. I have frequently brought the matter under the notice of the Shire. The Shirt has employed men’to dcstrov burr. I know Mr. Duncan is renting the property. He rents portion toother persons. It was too late on my previous inspection to cut the burr. They had to cut the burr to get at the corn in the headlands. I say it was neglect of the landholders to let them mature. They should have been cut before April last.Norm Parker deposed: 1 am Shire Clerk for the Macleay Shire. I identify the authority to prosecute.Mr. Stewart objected; but the P.M. said the appointment was not necessary.Inspector Brown, recalled: I know Mr. Duncan occupies the land. I have seen him milking his herd there, f saw his cows driven out of the adjoining paddock.Mr. Stewart submitted that there was no satisfactory evidence of occupancy. There had been no attempt to define boundaries. Further on the Inspector's own evidence, the time now was inappropriate to take action. II was impossible for anyone to do anything of reasonable service in the way of destruction of burr at this time of the year. He submitted that the Shire had gone about its business in a most inefficient manner. The whole thing was most unsatisfactory. It was nonsensical to cut dead stalks down now.The P.M.: I think there is a case to answer.Donald Duncan deposed: Mr. Brown did inspect that day, but he asked me no questions as to what I’d done. I have no ploughed ground. 1 have burnt Noogoora burr. I harrowed the stalks gathered prior to the publication of the notice. I raked dead cornstalks onto them and burned them. You might find an odd burr there. 1 paid up to £13 to have the burrs cut. ITo Mr. Sheridan: I had the burrcut twice and pulled once while green. That was in February and March. Ihad them brushed before that. Idon't occupy all Mr.. Plummer's farm. I made no attempt to pick up fallen burrs, because that would be ridiculous. It would be like trying to pick up “hundreds-and-thousands.James O'Neill deposed: I ani afarmer residing at Seven Oaks. Iknow this property occupied by Mr. Duncan. My place adjoins his. Throughout the season I have seen Mr. Duncan with six men cutting and pulling out burr. I'd say he has taken all reasonable means of destroying burr. I have seen him burning burr within the past two months.To Mr. Sheridan: That was green burr that had been cut and stacked.
Newspaper Details
Kempsey Macleay Chronicle
Kempsey, New South Wales, AU
Wed, Sep 16, 1936
Page 8
Full Page
Clipped by
Julie F.
AU 29 Nov 2020
Other Publications Near Kempsey, New South Wales
Kempsey Macleay Chronicle
Kempsey Macleay Argus
