The Glen Innes Examiner, Thu 7 Jun 1923 1
THE SECOND BARREL.
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Colquhoun Catches It.
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ESCAPES CONVICTION BUT INCURS SENTENCE.
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“Too Drunk to Plead.”
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JUDGE MOCATTA'S REBUKE.
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The only case in the Quarter Sessions in Glen Innes on Tuesday was that in which a young man named Walter Colquhoun [aka Walter Culquhon] was charged with committing an unlawful assault upon a male person, [James Noel Hargraves, 11], at Jennings, on February 17. He was defended by Mr HR Crossman.
When the case was called on the accused could not be located. The court then proceeded with other business, though Judge Mocatta made it clear that he was annoyed at the insult offered the court.
About twenty minutes later the case was called again, and still there was no response. “He’s in the other witness’ room,” said someone, and promptly a police officer left for the scene. In a moment he returned, pushing Colquhoun before him and ultimately steering him unsteadily into the dock, where he stared around the court in an uncomprehending fashion.
“Is that man fit to plead, Mr Crossman?” asked His Honor.
“He was alright when I left him at one o’clock”, replied the attorney.
“I know it’s not your responsibility. You’ve only got to look at him to see he’s drunk,” returned the Judge.
Mr Crossman, conferred with the accused and then announced that he was not fit to plead.
His Honor: No, he’s drunk. This is contempt of court—gross contempt of court—and I shall commit him to gaol till the morning, when perhaps he will be sober.
Then the sheriff’s officer asked about the jury, and this set up a new train of thought. “The whole business of the court is upset,” said His Honor, “and we can’t empanel the jury now.”
Mr Browning, the Crown Prosecutor, said the action of the accused inflicted a grievous wrong on the jury, some of whom had attended at much inconvenience. He suggested that possibly Dr Mackenzie, (who in his capacity of Deputy Sheriff was on the Bench with His Honor) might be able to sober Colquhoun up.
The doctor did not take on the job.
Mr Crossman, having had another conference with the accused, announced that he wished the trial to go on. This relieved the tension.
The case was then proceeded with. A jury was sworn and evidence was entered into. The Judge remarked that he had no power to clear the court, but most decent minded people preferred not to be present when such cases were being tried. The bulk of those present accepted the gentle hint and left. The hearing occupied the greater part of the afternoon and the jury, after about five minutes retirement, then brought in a verdict of not guilty and the accused was discharged.
But Judge Mocatta had not forgotten. “You came into this court in a disgraceful state,” he said to the accused, “and though I have heard from Mr Crossman that you have suffered war injuries, I cannot accept this as a palliation of your action in coming into a court of justice and showing yourself horribly drunk. It is gross contempt of court and I intend now to commit you to prison for seven days for your offence.”
The accused, in halting tones, said he had driven in a long way that morning and it was cold. He was very sorry for his action.
“I am glad you are sorry, and I hope this will be a lesson to you,” was all the comfort he received. “You are indeed a very lucky man that I have not done as I at one time thought I would do—send you to gaol without bail until the next Quarter Sessions. I hope this will be a lesson to you. Constable, remove that man.”
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The Scone Advocate, Fri 29 Jun 1923 2
CAUGHT IN ONE WAY.
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A young man named Walter Colquhoun, who was charged with an offence at the Glen Innes Quarter Sessions, before Judge Mocatta, could not be located when the case was called on. The Judge was annoyed at the insult to the court, but proceeded with other business. Some twenty minutes later the case was called on again, but there was still no response, and someone mentioned that he was in the witness’ room. When a constable brought him into court, his Honor said that the man was drunk and it was gross contempt of court. He would commit him to gaol for the evening. Eventually, on account of the jury, the case against accused was heard, and he was found not guilty and discharged. Then, however, his Honor took a hand, and, after rebuking accused for coming into a court of justice and showing himself “horribly drunk,” committed him to prison for seven days for contempt of court.
1 The Glen Innes Examiner, Thu 7 Jun 1923, p. 6.
2 The Scone Advocate, Fri 29 Jun 1923, p. - .