LAW REPORTS.

Dominion, Volume 6, Issue 1687, 1 March 1913, Page 13

LAW REPORTS.

LOVER COURT. (Before Mr. W. G. Hlddell, S.M.) CONSTABLE AND HIS BATON, UNDE* FIRE IN COURT. HIS CAREER AS A TRAM MAN. In tho Magistrate's Court yesterday James Brjwn was oharged with having assaulted Constable John Willetts, of Wellingtcn South on tho night of February 18. Ho pleaded not guilty, and was represented by Mr. Y. R. Meredith. Constasle Willetts deposed that on the night cf February 18 ho was passing Mason'j supper rooms in Newtown, when Mason asked him to induce Broyn to go away as Brown had been annoying him. Tho constable thereupon advised Brown to go home, and then went over to the tramway waiting shed. After a while BroTn appeared there also. He (tho constable) again advised Brown to go tone, and walked down the street with h:m. Brown apparently continued on his way towards the city after ho had turned to gr 'back to the waiting shed, but he'had not long been' in conversation with some /rarnway men' at the tram shed when fßrown came over and struck him in the ' left eye. Conductor Who Put a Handful of Crabs in a Lady's Hand. Mr. Meredith: I think you were in tho tramway employ before joining the police force? Constable Willetts-: Yes. You were known as the hero of the crab incident?—" Yes, that is so." You put a handful of crabs in a lady's hand on a tram one day instead of her change, and for that you were dismissed? -"Yes." ■

Sub-Inspector Sheehan: That is nothing to do with this case!

Mr. Meredith: Oh, yes it has. Constable Willetts is a man of no tact, and that incident goes to prove it. I am not bringing this up unnecessarily, but because it was lack .of tact again in this case which led Willetts into trouble.

His Worship: Very well, you have introduced it.

■ Mr. Meredith (to Willetts): Anyway, you were discharged from the trams and you joined the police. How long have you been in the police force? Willetts: About five years.

As a polico officer you know that it is your duty when giving evidence to state all tho facts ?—"Yes."

Have you given all the evidencef—"No; there is something I left out." ' Oh! Why—"l expected to get some'thing in cross-examination."

Oh, you give some of the facts andj leave the rest for the cross-examiner to get out if he can! You did not deem it necessary to arrest Brown? You never attempted to arrest: him until after he had struck you?—" That is so." ■When leaving the fish shop he came over to the tramway waiting shedf— "Yes."

And while there was getting a light for a cigarette from a tramway employee?— "Yes." You did not tell us that?—" Well, I didn't see it." The Baton—"l Hit Him Several Times." Now, you cliuckcd him out of the shed. You put your hand on his shoulder and threw him out of tho shed?—"Oh, no! I didn't handle him roughly." He returned again ?—"Yes." .■ And asked for a light?—"l didn't hear him do that," Didn't you again turn him out of the shed ?—'"He ,was not in the shed. I put my hand upon him aud advised him to go home." When you led him out that last time, didn't you .draw: yourjJmton l and : baton him?—"No, I did not." . You aro going to swear that?—"Ye3| ■absolutely." You talco tho responsibility of that then?—" Yes, I havo an explanation if you want it." You admit nsinc the baton on him after he struck yon?—" Yes, I hit. him several times." - You got to know tlie names of the two men who were in tho waiting shed at tho time?—" Yes." Is it not a fact that you knew that Williams's evidence would be against you and that is why you did not subpoena him?—" Yes, that is so." . And you consider that fair?—" Yes." •You saw Brown the day after this incident?—" Yes." You remember his ear was'all cut?— "Yes." It was not cut before this incident?— No. Then it was cut after. his arrest?— "Yes." ' Did not yon admit to others afterwards that you had dealt it out to him in tho cell?—" No." I am going to call three members of the public who ha*"e been dragged hero against.their will who will say that ynu admitted'"dealing it out" to him in the cell. What will you say to that—"They aro absolutely wrong." Archibald Joseph Mason, restaurant-k-seper, in the course of ; his evidence, stated that ho did nob see anv' blow struck near tho tram shed, and'ho did not seo Willetts use his baton. Brown he ndded, "was a little bit "on," Mr. Meredith: To put it Dlainly, you v.-ero unable to seo distinctly anything happening close np te tho shed? Mason: Yes; it. was out of view. "Willetts Drow his Baton and hjt Brown," Henry Toms, tramway employee, said that Brown, soinowiittt under tno influence of liquor, went to tho tramway sned aud called -lor d light for his cigarette. Witness's mate was-holding a.ugitt lor hiin when Willetts canio up aud tuid: "Come on, here! Get away homo" Willetts rushed Brown away, but Brown returned and again asked lor a light. Willetts pushed Brown across tho road, aud a wmio later this was repeated. Tnen Brown returned and struck Willetts in tha. l'uoo. Willetts drew his baton and struck at Brown. Tho baton fell to tho ground, and Brown picked it up. Willets rushed Brown, and called upon witness and a man named Williams to assist hiin, as ho was, ho exclaimed "nearly fainting" Williams and witness assisted 'Willetts to apprehend Brown. To Mr. Meredith: Witness did not havo a full view, of the occurrence at tho shed, but Williams did. Brown was not offensive whj;n lie asked for a light for his cigarette, and if lie had been allowed to get ono ho would havo gono away quietly. Every timo Willetts put him out of the -shed ho "handled" him. Mr. Meredith: After putting him out the last timo and returning to tho shed llletts was immediately followed by Brown?—" Yes." j

Brown struck him immediatelyP—"Yes; thero was no delay." And Willetts used tho baton right away?—" Yes."

Then ho must liavo hod' the baton handy?—"l don't -know." Did Brown hit him after tho 'first blow?—" No."

Thrn Willctts ig wrong when ho says ,1 r row " ' ln, ged at liim several times? TT-'T e ?J ® rown took tho baton from Willetts, but ho did not hit him again." Constable W. J. Taylor, of Wellington oouth, stated that Brown received tho scratch on his ear through a fall in the cell when scuffling to prevent Willctts searching him. On tho way to the sta- , tho cab next morning Brown said that if the polico let him off on this oc H?, l ,°. n ho would never drink again. William Williams, tho tramway omploves who was in company with Toms, stated that while Brown was getting a light for a cigarette Willofct-s camo and threw i him out of tho shed. Twice after that \\ uletts put Brown out of the shed. When telling Brown for the third timo to. P°> Willetts drew his baton and hit Brown sharply across tho buttocks. Then Brown struck Willetts ii the eve, and Willetts again drew his baton on Brown. . Brown, did not resist tho handcuffs being put on him. "Knocked him Unconscious for Half nn 'Hour." Mr. Meredith: You were not subpoenaed by tho police?—" No." They knew you'wero present when this occurred ?—"Yes." Ernest Aitken, another tramway om-

ployce, said that at one o'clock on tho morning of February 19 Willetts told him that he had nrrosted a man who had given him a nasty black eye. Willetts had then added: "When I got him into tho cell I knocked him down, and ho was unconscious for half on hour."

Sub-Inspector Sheehan: Do you say there was no one else present when Willetts told you this?— Yes, there was someono present, but ho is not called in this case. Who was present?—" The foreman of tho night stair at tho tram sheds." Sidney Parsons, tramway employee, deposed that Willetts had told him that ho had had somo trouble with a man who hit him in the eye, and had added: "But when I got him into the cell I fixed him up! Laughter in Court, Sub-Inspector Sheehan: What do you mean by "fixed iip"?—"l should think ho meant that he dealt with him' severely in the cell." You know perfectly well that anyono going into a cell is fixed -up? (Laughter m the court.) Herbert Williams, who works at the tramcaf sheds, Newtown, deposed that in the presence of others Willetts mado this remark: "I dealt with him when I got him into the cell." Sub-Inspector Sheehan: Willetts is not liked up there, is ho? Witness: I can't say that ho ia disliked. Mr. Meredith contended that the case must be dismissed. Brown was charged with haying assaulted an officer who was doing his duty. When a police officer exceeded his authority, he was not afforded the protection of the Act; he was 011 tho level of an ordinary citizen; and an action could only he taken for common assault. The present information could not be amended to one of common assault, so the only course wa3 for this action to be dismissed, and Willetts given the opportunity of proceeding as an ordinary citizen against Brown. His Worship reserved decision. CADET SERGEANT FINED. In the Magistrate's Court yesterday Stephen Edo was fined 10s., with costs 75., for having thrown stones to the danger of property. Sub-Inspector Sheehan stated that Edo tvns a sergeant of a cadet corps, and that tho offence occurred at Hataitai immediately after drill. The offence consisted of throwing a stone on the roof of the drillshed. ,

MONTH FOR DESERTION. Frank Norman, a seaman, was sentenced to one month's imprisonment for having deserted from the steamer Star of England. ALLEGED GAMING HOUSE. Mitchell Brown was charged with having used a house at Lyall Bay as a common gaming-house. ' A remand till March 7 was agreed upon, and Brown was allowed bail (<£2o). William Staples, Stephen Nicholas, ueorge Baker, Spiers Alexander, James Craig, and Frederick Weaver were accused of having been on Brown's premises without lawful excuse. Tho three last-named did not appear. All the defendants were remanded till March 7. DEFENCE ACT. For breaches of the Defence Act the following were fined in small sums, or ordered to pay costs:—Clarence Egington, Hector Armstrong, Christopher Cusack, William James Dobson, Donald Ross Macdougall, John Henry Porter, Keith D. Russell, Sidney G. Richardson, Herbert George Scott, George Edward Thrupp, James Whittington, Carl Wilson, and Ronald David Wylie. . WANDERING HORSE. Richard John Tarr was charged with having permitted a horse to wander in Karon Borough. Mr. T. C. A. Hislop represented tho Karori Borough Council, and Mr. P. W, Jackson appeared for the defendant. After having heard evidence, his Worship dismissed tho information, ho holding that it had not been proved that Tarr was tho owner of the horse. . EXTRAORDINARY EVIDENCE. In a case in which Constable Willetts, of Wellington South, charged James Brown with assault, some extraordinary evidence was given. Tho case is fully reported elsewhere in this issue.