"IN THE KING'S NAME!"

Dominion, Volume 7, Issue 1972, 31 January 1914, Page 6

"IN THE KING'S NAME!"

fIERGEANirAITD THE TAXI-MAN. (By Telecmph.—Prosa Association.) Auchlahd, January 80. Mr, Fraser, S.M., this afternoon, gave an. interesting judgment with regard to the charge of aesault that was preferred against a police sergeant by a taxi-cab driver, who had refused 'to allow his car to bo used for the purposo of conveying, a dirty, , drunken man to the lock-up. . There was, the Magistrate said, no dispute as to the essential fncts. The informant refused to hire his vehicleon the ground that; one of the two men under arrest was dirty. Constable Mullina, finding that informant's cab was the only one on the stand, placed 'the men-in it in spite of tho-protests of the informant'; . and the defendant (Sergeant Fraser) then ordered the Informant, in the King's name, to drive tho constable and his prisoners to the police station. On tho informant still refusing, the sergeant* got another driver, whom he proposed to place in charge of the cab. When informant apparently made a move to prevent the substitute driver from entering tho cab, the, sergeant grabbed him by tho collar, to move him to the opposite seat, but the- collar broke at tho stud. It was not contended that any injury was done 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. The cab-driver wag not entitlod to refuse to assist tho police when called upon to do so, but that did not give the sorgeant 'justification for gummarily depriving him of his cab. The sergeant was ordered to pay costs. /