Raymond James SMITH

Bus Disturbance Case Part Heard

Circumstances surrounding a disturbance in a picture bus returning from Lithgow to Cullen Bullen on March 14 were outlined in yesterday’s court when a young Blackman’s Flat man faced four charges.

Before the court was Eric Lane, who, pleaded not guilty to charges of assault, malicious damage to two bus windows valued at £5, behaving in an offensive manner in a bus and maliciously injuring a sports coat valued at £7.

The case remained part heard after lengthy evidence for the prosecution had been given and was set down for resumption next Tuesday.

John Robert McGregor Collins, bus driver, of 45 Main-street West, an employee of Eric Newham Bus Service, told the court he was driving a crowded bus down Main-street at 11.20 p.m. on March 14 when a number of people called out to him to stop the bus and open the automatic doors. He did so and, amid considerable noise, a number of standing passengers surged out of the bus. ” They scrambled over one another to get out, ” Collins said. ” I did not see anything, but Marjoram came down to me and said he wanted to give Lane in charge.” Collins added he drove to Dunn’s corner, locked the bus door to prevent anyone getting out and asked his employer to ring for the police.

Walter Stanley Marjoram, of Marrangaroo, a shiftman employed at the State Mine, victim of the alleged assault, said in evidence he had been to the Trades Hall pictures and, with his wife and daughter, aged 13, he went to the back of the bus. His wife obtained a seat and his, daughter was being nursed while he stood. He noticed a second vacant seat and Marjoram said he told a girl who was also standing that there was a seat for her. ” There was a chap sitting there, occupying about two-thirds of the seat for two people and, after I stood for a while, I decided I might as well have a seat, Marjoram said. ” I went to where defendant was sitting and put my hand down to move his legs. He moved them a little and I sat down. ”

Wanted Seat, Not Fight

Marjoram detailed a conversation he then had in which he claimed Lane asked him if he thought he was smart but he said he did not want to fight, he merely wanted some of the seat. ” He kept arguing and got up and said ‘ come outside and I’ll fix you’, ” Marjoram added. ” He then sat down again and said ” if you don’t shut up I’ll job you. ” I said ‘good-oh’ and he jumped up, pushed me back into the seat and hit me about five or six times about the forehead. ” Marjoram said he was dazed by the punches and had to have two stitches in a wound above the right eye. Afterwards he noticed that the bus windows were broken, that his sports coat was torn an his other clothes covered with blood.

Marjoram said he had lost three days from work as a result of the incident and lost an additional two days while attending court. He had thus lost five days’ work at £3/6/-per day.

Evidence of having gone to Dunns Corner and arresting Lane was given by Constables Cliff Love ( Clifford Stanley LOVE # 4958 ) and Raymond James Smith ( # 5632 ).

They said Lane admitted punching Marjoram who, he claimed, was ” trying to stand over him. ”

‘Lane added Marjoram had grabbed his legs and attempted to pull them off the seat.

Both police witnesses said that Lane admitted breaking one window, but claimed the other was already cracked.

Mr. J. Le Fevre appeared for Lane.

Hammering On Cell Doors Not Unusual

It was the usual thing for prisoners under the influence of liquor to hammer on the cell doors, a police constable said during a traffic hearing in this week’s court.

The policeman, Const. Raymond James Smith, said that sometimes they “got sick of it” and sometimes they “kept it up.”

Const. Smith was giving evidence in a charge of driving under the influence of intoxicating liquor against Cecil John Green of South Bowenfels.

Defendant, who was at present on a bond in relation to a similar offence, was fined £20 by Mr. C. K. Ward, S.M., and was told by the magistrate that he was fortunate in not being gaoled.

Through Mr. I. Higgins defendant pleaded not guilty to having driven a car in Main-street whilst under the influence of liquor on August 30.

Principal witness was Sergt John Talbot Parkinson ( # ???? ), who told the court he was a passenger in the police truck, driven by Const. Peisley, ( # 6890 ) at 4.30 p.m. on August 30, when he saw defendant drive a vehicle from a parked position. ” We were travelling west along Main-street and defendant drove a motor car from the eastern side of the street near Lithgow street,” the police officer said.

Claimed Defendant Stumbled From Car

He alleged defendant did not give a hand signal and drove on approximately the centre of the roadway. At the intersection defendant made a wide left hand turn and entered Lithgow-street on the incorrect side, swerved suddenly back to the correct side and again back to the centre of the street, Sergt. Parkinson said.

Defendant was then halted and told to alight, which he did by stumbling out of the car. “I told him to stand away from the car and he released his grip of the door and stood swaying violently on his feet. ” Defendant, who said he had three beers, smelt strongly of intoxicating liquor, his speech was very thick and he could not articulate his words,” witness said.

Collided With Door Post

He added that defendant had to be assisted up the Police Station steps as his condition had deteriorated and he was in danger of falling. Going through the door defendant had collided with the door post. He had asked for Dr. Doutreband, but that doctor was not available.

Stating that he had 27 years experience as a police officer, Sergt. Parkinson said in his opinion, defendant was in an advanced state of being under the influence of intoxicating liquor.

Corroborative evidence was given by Const. W. R. Peisley ( William ‘Bill’ PEISLEY # 6890 ), who, in cross-examination, said he did not know defendant had subsequently seen Dr. Doutreband after his release.

When he received the charge against defendant Const. Smith, who was on duty as station constable, said he smelt a strong smell of intoxicating liquor about defendant.

“Defendant appeared to be considerably affected by intoxicating liquor,” Const. Smith added.

In lengthy cross-examination Const. Smith said he visited the cells after defendant had been lodged there.

Heard Him Fall To Ground

“When I was opening the door I heard defendant hammering on the other side and just as I opened the door I heard him fall to the ground ” Const. Smith said.

Mr. Ward over-ruled an objection by the prosecutor to this line of questioning. Mr. Higgins stating that his client had never been told that Dr. Doutreband would not be coming and that he was clamoring and asking for a doctor.

Const. Smith denied there had been an conversation in the cells about a doctor.

When bailed out at 8.15 pm defendant was not under the influence, Const Smith added.

Re-examined by the prosecutor, Const Smith said he heard defendant hammering on the cell doors ” a considerable time ” before he visited him at seven o’clock. Mr. Higgins said his client did not wish to give evidence.

Sgt. C. G. Bush ( # 3831 ), police prosecutor, said defendant was still serving a three years’ bond which had more than two years to run.

Mr. Higgins submitted that his client was a man who worked exceptionally hard in the bush and was a married man with a wife and three children to support.

Was Considering Gaol Sentence

” I realise there is a grave breach of the law here, but I ask Your Worship to make the penalty pecuniary, otherwise there will be great hardship to his wife and family.” the solicitor said. There was no evidence that anyone had been endangered by defendant’s driving, he added.

Mr. Ward said it appeared defendant was very much under the influence of liquor and probably had more liquor than he was prepared to admit to police. “I was considering sending him to gaol, but in view of your representations, I will make it a fine,” the magistrate told Mr. Higgins.

Defendant was given one month to pay the fine of £20.

The 24th day of October, 1964 BY virtue of the authority vested in me by the District Courts Act, 1912 – 1961, I hereby appoint Sergeant 3rd Class Raymond James Smith as Bailiff of the District Court holden at Deniliquin.

J. E. H. PILCHER, Judge.