A TECHNICAL ASSAULT.

Press, Volume L, Issue 14889, 31 January 1914, Page 3

A TECHNICAL ASSAULT.

POLICE SERGEANT ORDERED TO I PAY COSTS. (F&KW >*SOCL*TION TELEGRAM.) AUCKLAND, January 30. Mr F: V. Frazer, S.M., this afternoon gavo an intcrosting judgment with regard to the charge of assault I that was preferred against a police j sergeant by a taxi-cab driver, who had refused, to allow his car to bo used for tho purpose of conveying a. dirty, drunken man to tho lock-up. There was, tho Magistrate said, no dispute: as to tho essential facts. The informant refused tho use of his cab on tho ground that ono of the two men under arrest was dirty. Constable Mullins finding that the informant's cab was tho only one on tho stand, placed the men in it, in spite of tho protests of tlio informant- Tho delo'ridant ..Sergeant I'Vaser)'then ordered informant, iii thc King's name, to drive thc constable, and his prisoners to/the police station, and on infornlant . tj.ll roti.sing, the sergeant got another driver whom he proposed to place in charge of tho cab. When informant apparcntlv made a move to prevent t_e substitute driver from entering tho cab, the sergeant grabbed him by the cellar to move him to tho opposite seat, but his collar broke at the. stud. li'was not contended that any injury was dono. or unnecessary force exerted, but "in the absence of legal justification, tho Act constituted an assault. The Magistrate found that a technical assault had been committed. Tho cab-driver-was not entitled to refuse to assist-tlio police when, called upon to-do so.- but that, did not givo tho sergeant justification for summarily depriving him of h's cab. The sergeant wa's ordered to pay the costs.