THAMES POLICE COURT.

Auckland Star, Volume II, Issue 392, 13 April 1871, Page 2

THAMES POLICE COURT.

MR. BHLLEN'S STATEMENT. The Assault on Mb. Barnett. — VI r. Bullen said that before the Court rose lie woidd take opportunity of explaining some remarks which he noticed in that moiming's newspaper, made by Mr. Rarnett during his absence at Coromandel on duty, on the preceding day. These remarks were relative to a charge of assault committed upon Mr. Barnett by natives on Friday. He would submit to the Bench, with all respect, that the complaint was improperly received, as the Bench had no knowledge of the matter. If Mr. Barnett had a complaint to make against any of the Constabulary, he could take the proper course. As the statement,: however, had been _ade, he would take tHia opportunity of" informing the Bench of the facts of the On Friday night, on his return t from Grahamstown, about ten o'clock, Mr. Barnett told liim that lie had been assaulted by natives. It appeared that two natives had entered the refreshment room and asked for some food; but not being satisfied with what was supplied to them, they did not partake of it, and refused to pay. Mr. Barnett would not allow them td leave the house, and he was then rushed and thrown down. He (Mr. Bullen), could not see that Mr. Barnett bore any marks of having been assaulted:—his clothes were dirty certainly —and, under those circumstances, he was not- legally entitled 'to apprehend any one at all. Any person might be lodger! in custody if the . police were bound to apprehend any one who might bo said to have committed an assault, I and, therefore, the law did not allow them to I apprehend any person unless the assault was committed in their view, and unless the J person said to have been assaulted was cut^ ! or bleeding, or wounded. Before the case J was reported to Mm it had been reported I to tho police station, and two constables had accompanied Mr. Burnett, but they were not able to 11. d-the natives. Mr. Barnett _*uo back some time after, and said tho natives were in tlie boat-sin d, and ho (Mr. Bullen) coilected the constables and Went j over. It was with the view of endeavouring to get the money for Mi*. Barnett from the natives that he accompanied him at all, as he j

knew he was not legally justified in attend ing to arrest.them. When they got to fi boat-shed they were informed by Mr B if who resided near there, that immediately nSf' the constables had been there in the fl instance the natives went away towards v settlement. These were the facts ail V. e would be seen that the constables' h_l ,r.ght to interfere in any way. If tlle . n° procured food and did not pay f Ol . it -v Barnett had a civil remedy, and if he assaulted he had his remedy by ] aT ;° Was information against them. Ifc wa3 , ™an for the constables, nor could they apprehended them. He regretted, tTt Mr. Barnett should have taken thn t he did, in coining to that Court to make complaint.—Dr. Sam said he must remiJ Mr. B alien that he did not entertain any? plaint, but simply heard Mr. Barnett'** i_J ment when he came asking for advice. It quite a common thing at home for.pettonsT come before a Magistrate in Court and askf advice. If he had thought it was a comnfat against the Constabulary, he certainly w 0 i_ not have entertained it.—Mr. Rulleu ..J-2 that he observed in the paper that it ported that some one of tlie Europeans -_J they would back him up if he atterapteJ , make tho arrest. He (Mr. Bulbil) did _° "Who was to be responsible if any o fth natives were injured," becauseliVis-aeV that auy attempt at arrest was illegal. If anT . the constables had been injured, noretLi! could have been obtained from *the natiwF because the constables were there. as.tr_ passers. If any of the natives had been in" jured, lie (Mr. Bullen) would have been $ sponsible, as lie was in charge, and he bad no legal right to be there -at &\[.—Adm. tiser.