CONSTABLE FINED.

Dominion, Volume 4, Issue 1043, 4 February 1911, Page 6

CONSTABLE FINED.

CHARGE OF ASSAULT. THE CIVILIAN MADE A NOISE. SHOVED AND KICKED. A case of assault in which a police constable figured as defendant was heard in the Magistrate's Court yesterday morning, beforo Mr. W. G. Kiddell, S.M., when Hawtrey Warren ulynn was charged with assaulting Archibald Black on the night of January 26. Mr. A. Gray appeared for Glynn, who pleaded not guilty, and Mr. H. F. O'Leary prosecuted on behalf of Black.

In outlining tho case, Mr. O'Leary referred to it as one of more than ordinary importance. Defendant was a police constable stationed at Mount Cook, and tho informant was a crane drivei' in tho employ of the AVellington Harbour Board. Tho incident took placo at tho corner of Tory Street and Lome Street on tho night of January X, the informant being on the waj nome with two other men, and the deiendant being on duty at the time. The jirst witness cr.llcd was Archibald Blacky crane driver, in the employ of the Wellington Harbour Board, who said -lie knew Constable Glynn fairly well. On Thursday, January 20, witness went back to work at night with Jacobs, another crane driver, but on account of the rr.in they could not go on. They afterwards visited tho Central Hotel, and left there just before closing time. Outside they mot a youth named Coleman, and the three went along together As they were gomg up lory Street Jacobs was sin< T iii< T "Everybody Works but Father," "and witness was "barracking" him about his singing. But, on approaching the corner of iLorno Street and Tory Street w ltness said, "Hold on, there might be a policcmaiV." There were two policemen at tho corner with a civilian. One of the policemen was Glynn, who said: Come on, null yourselves together l " and then caught witness by tho shoulder IV™!. ?' ie d . Il!m twice. Witness said: Hluits this for, Toucher?" Glynn replied, "Oil, is that you, Archie?" Witness said, "Yes, it is, and I'll fit you for this. ' Witness asked for pencil and paper, and wanted to sco the other constable's number,, but could not get a view of him in tho light. Subsequently witness went to Mount Cook and reported the affair. Complainant Croro-examiiicd. To Mr. Gray: Witness admitted that ono of the constables had commented on lus condition at the Mount Cook Station, and said: "You'vo had one or two to-night."' Tho occurrence took place at 25 minutes to 11''o'clock.- Witness had "stood by" on the wharf from 6 to l o'clock, and then went to the Central Hotel with Jacobs, and remained there till about closing time. They only had tlireo drinks and were not effected by it. Witness lived at 5-5 ltoxburgh Street, and was certainly out of his way that night, but tho truth was that ho bad gone to meet his brother "Mick," who usually left his "girl" round about that "wav. Ho had no appointment with his 'brother "Mick," unt just went on the off 'chance of meeting him. . Jacobs was not drunk, and witness novcr told tho constables that, though he doomed it necessary to warn Jacobs (Witness then gavo a demonstration of the alleged assault.) Continuing, witness said that lie had not callcd defendant "The Snake," and did not intend any insult when ho used tho nickname of "Toucher." It was because witness was excited that he did not get his companions to go with him to ( the Mount Cook Station.

Mr. Gray: Now, have yon lwtl any encounters with, tho police, say during tho last 12 months?■

Witness (after somo hesitation) admitted that Constable Fisher had had to speak to him on one occasion, and on another Constable Proctor had t-o shift him off tho fcotpa-th in Courtonay Place. On throe other occasions, witness had had "a bit of fun" and, on one of thoso occasions, a new suit of clothes had to he purchased by tho crowd to prevent a prosecution. Witness was in the habit of visiting a certain house of ill-fame in College Street, but had never created a disturbance there. A young girl, who lived there o-kI who had absconded from St. Mary's Home, Karori, was not a friend of witness. Albert-George Jacobs, crane-driver, in the employ of the Wellington Harbour Board, gave evidence. Cross-examined by Mr. Gray, witness stated that he was a married man, residing in Argylo Street, and was a friend of Black.. Tho night of January 26.was tho only night that Black had walked home with witness. That was just as near for Black to go homo that way as he could cut through Tennyson Street. Mr. Gray: Oh, yes. Witness, in further cross-examination, remarked that ho did not remember what time they got to the Central Hotel, but they only had three drinks. Witness left Black at College Street after tho affair, as Black said: "You need not come. I can fix this." Since the affair Black and witness had talked over tho mattor, as they worked' together.

Walter Coleman, clerk in the Vacuum Oil Company, also corroborated Black's story. To Mr. Gray: AYitness had only known Black by sight before Jamiarv 26. Since then he had met Black several times by appointment, and talked over the case. The Defence. Mr. Gray, in opening the defence, drew attention to the fact that the throe Witnesses for tho prosecution had agreed . exactly • in every detail, oven conversations. If tho words had been repeated three times by a phonograph they could not have been more accurate. If the story was true, it was a case of an unwarranted assault on a well-conducted citizen, but the probabilities were that .it was quito tho other way. It would bo shown that Black was in a rude mood that night, and Glynn took liini by tho 'arm, and gave him a slight push—just what any other person would do under >4 such circumstances.

Hawtrey Warren Glynn, defendant, said that he had been in the police force for two years, and was now stationed at Mount Cook. On the night of January 20, witness and Constable Andrews and Hanley (a civilian) met at the corner of .Lome. and Tory Streets, at tho end of their respective beats. They heard some men coming up Tory Street singing, and then noticed that three men wero arm-in-arm on tho footpath, swaying as they walked. Tho men were on Andrews's beat, and Andrews spoke to them. Jacobs replied that ho lived round the corner, and it was "all right." Black wanted to argue the point with Andrews, and the latter again told him to "go home." Witness then recognised Black, and advised him to go homo, but Black remarked that ho wanted to get their names, and witness then caught Black by tho arm, and turned him round in the direction of Lome Street. Black again called out that ho was going to see into tho matter, and went up Tory Street towards tho station. Jacobs went down Lome Street. Coleman asked from tho hotel side of the street, "What's tho game?" and witness told him to go homo before he got into trouble. Answering a question from Mr. O'Leary, Glynn replied that ho was standing nc-.ir tho kerb as tho men passed, and Andrews was agaiust the wall of the building.

Constable W. H. Andrc-ivs, of Mount Cook, also gave oridcnco for tlio defonco, but stated that ho did not seo Glynn lay hands 011 Black, and did not think that Glynn could have done so without witness seeing him. In answer to Mr. O'Lcary, witness remarked that ho arrived at the corner of Lorno Street and Tory Street a few minutes before Mr. Hanley (the civilian), and Constable Glynn was last to -arrive. Witness further said that as the three men came up he was standing near the kerb and Glynn was inside him. I Magistrate's Remarks. John Hanley, ganger 011 the railway at Blenheim, stated that he had been in Wellington 011 January 26 in connection with the funeral of a relative, and made tho acquaintance of Constable Glynn. Witness was stopping at tho Princess Theatre Hotel for tho night, and, at about twenty minutes to 11 o'clock, ho went out in the hope of seeing Glynn 011 the beat. What followed tho meeting was described by witness, who stated that Constable Glynn did nothing more serious than catch Black by tho arm and give him. a shove. The conduct of Black, Jacobs, and Coleman was such as to justify any constable in giving them a caution. Constable Shaw stated that, when Black visited the Mount Cook Police Station that night, ho (Black) complained of being shoved, but made no mention of being kicked. The magistrate said that there whs evidence of some, noise created, by Black and his friends that would bo sufficient to warrant a constable giving them a caution. But there was. evidence as to the assault that was against defendant, and ho must bo convicted. He would be fined 405., with witnesses' expenses lGs., and solicitor's fee, £1 Is. Default was fixed at seven days' imprisonment. Mr. Gray: Does your .Worship find that tho assault was committed through Black beins; kicked? The magistrate: Both shoved and kicked.