CHARGE OF ASSAULT

Dominion, Volume 10, Issue 2973, 16 January 1917, Page 4

CHARGE OF ASSAULT

ALLEGATIONS AGAINST A CONSTABLE

EXTRAORDINARY AFFAIR

Allegations of a serious nature were made against a police constable in a case hoard by Mr. S. K. M'Carthy, S.M.; yesterday afternoon. Charles Henderson, for whom Mr. P. W. Jackson appeared, was charged with having oa the night of Docember 19 caused grievous bodily harm to William Fitzgerald, a young policeman. When the charge was read, Henderson made a remark to the effect that he had acted under provocation.

Detective-Sergeant Cox, who prosecuted, said that on the evening in question Constable Fitzgerald was on duty, in uniform, in Molesworth Street. His beat extended from Lambton Quay to Fitzherbert Terrace, end took him past Henderson's house, which was No. 115, Molesworth Street. About 7.40 p.m., while the constable was going towards the Quay, ho met Mrs. Henderson, the wife of tho accused. She complained to him about her domestio troubles. Tho constable left her and proceeded on his beat. About 8 p.m. ho was passing her house on the same side of the street, when, she again spoke to him. She was at the time outside the door, but inside the fence. She asked hiirr to come inside and look at the condition of the house. The constable went in, and about a minute Inter the accused entered by the back door and inquired what the constable was doing there. Before the latter could reply, Henderson gripped him by the throat, threw him. held him down, and struck . him hard many times. When he got the best of the constable lie disarranged the latter's clothing, and alleged thnt there been been misconduct. The constable called to Mrs. Henderson to rinp no the police.. When the police arrived, they found Henderson kneeling on Fitzcerald and holding him down. Fitzgerald's injuries necessitated ''is removal to the Hospital.

The allegation made by Henderson, continued the Detective-Sergeant, was that Fitzgerald hnd been misconducting liimself with Sirs. Henderson. In view of this statement, tho police, were calling all the evidence they could obtain, not only against the accused, but also in his favour.

Detective-Sergeant Ttawle stated that, he saw the accused holding FitzgeraM down. Witness took a statement from the accused. wTio alleged misconduct on tho part of the constable and Mrs. Henderson.

Constable Fitzgerald, in his evidence, denied tho allegation of misconduct^ Mr. Jackson applied to have the ch.T-ge reduced to one of common assault, in view of the medical evidence that had been called.

"I don't think it is a case of common assault." replied His Worship. At this stneo the case was adjourned till this morning.