FRACAS ON THE WHARF

Dominion, Volume 10, Issue 2998, 8 February 1917, Page 7

FRACAS ON THE WHARF

COLOURED SEAMEN IN I COURr Six West Indian eeainen, Gwrgo Cupid, Hatwad Joseph, Charles Eloy, Clifford Tait, Thomas Trought, and Abraham Stowart, were charged. before Mr. S. E. M'Carthy, S.M., in tho Magistrate's Court yesterday afternoon with assaulting Constable Hessell, and Hatwad Joseph, a fireman, was further charged with assaulting Constable Fleming. The men belong to an overseas steamer now in port, and the fracas leading up to the assaults occurred on Saturday last. ■ Senior Sergeant Emerson prosecuted and Mr. H. F. O'Leary appeared on behalf of the accused. The case against Hatwad Joseph, of assaulting Constable Fleming was taken first. Sergoant Emerson briefly outlined the oase and called evidenco. Constable Fleming detailed tho circumstances of meeting tho sailors in Grey Street, near the Pier Hotel. They were quarrelling and making a noise. The constable ondeavoured to quieteu them and get them 0n..t0 their vessel. The acoused, without provocation, struck at witness and missed his face, but the blow fell on the shoulder. He positively identified the accused as the man. who struck him. Tho aocused gave evidence on his own behalf. He said he was a fireman. Ho left his vessel at 5.30 p.m., went to the pictures, and came out at 8.30 p.m. Ho went along to got aboard when he heard a row going on near the wharf. He denied having struck the constable. Ho was alono ivhen ho went to the pictures and returned to the vessel alone. When he was in hie bunk he. was arrested by the constable. He took no part in tho fracas that took place on the wharf. The Magistrate: There is no doubt that there was a row near the Pier Hotel, and that some one struck the constable. Hβ (the Magistrate) credited the constable's story and believed that the accused struck tho police officer. After hearing tho. other charges, Joseph was fined 405., in default. 14 days' imprisonment. The case against the six men who wero charged -with assaulting Constable Hessell -WRS then taken. . Sergeant Emerson, in opening tho case, said this wae apparently a continuation of tho row that, commenced in Groy Street. Constable Hessell was on duty on the King's Wharf. Ho heard a row 'on one.of the vessels, and on going near the steamer tho negro sailors on board assaulted him by throwing missiles at himi Some of the men then descended to the wharf and attacked the constable, who had a very bad time. Constable Hessell fravo corroborative evidence. He said ho was assisted by a .Harbour''Board official, whom he urged to ring' up tho police station.. He (tho constable) was knocked down, but regained his feet quickly and managed to keep tho meu at bay. Assistance arrived later, and the men were arrested. He was hurt on the head and leg, his helmet was damaged and he lost his baton. Several panes of glaes in the harbour shed were brokoy by the missiles thrown at him. In cross-examination the " constable Said, he was not quite sure of the identity of Clifford Tait, but he was sure of tho others. When tho othor constables arrived on the 6cene the row was still going on, and when the polico got aboarcC the sailors were in thoir bunks. Mr.. O'Leary: They were very quick. Constable Hessoll: They were liko eels. .■■:■? Continuing, witness said he did liot know that any constable used his baton. .Witness.did not strike Clifford Tait. There was no violence used. At this stage Mr. O'Leary produced the pyjama coat which was , alleged to have been worn on the night in question, and the coat was covered with blood. ,-Tho question of-, identity was dependent upon witness, and the accused were' sorted into pairs and Mr. OLoary suggested that ' witness had mistaken Tait and another for Trought and Stowart. "Witness admitted that it was a difficult iuattor to identify the men. ." Mr. O'Leary: It is tho old song over again, "All coons look. alike to -me." Edward Wallace, an employee of tho Harbour Board, who was on duty at tho King's Wharf on tho night in, question, and who assisted Constable Hessell, also gave evidence. He was attracted to-tho vessel by tho howling and shouting of .the coloured men. Hβ saw Constable Hessell on the wharf, and when they got near the vessel broken bottl«, bricks,, and. pieces of iron caino over. Ho was struck on tho lip. The missiles were thrown for about twenty minutes, and then there was a howl and the nioii came dowli the "jangwajr aud assaulted the constable. Ho identified two of the accused. The assault took place under a powerful arc larifp. Ho telephoned to the police station for help, and then went back to Constable Hessoll. Later on -three constables arrived, and they all went aboard. . Hessell' identified two of the acoused, who violently resisted being arrested. The men wore struck by the police because they were resisting, and, in the opinion of tho witness, the police wero justified. Witness heard no bad language, and he did not think tho constables were excited. Arohibald F. Monroe, traffic manager, gavo particulars of the broken panes of glass. There were five panes broken, valued , at 30s. Constable ; Fleming, who with other constables went to assist Hessell, gavo evidence , with respect to the arrest of tho men. Cupid and Tait resisted violently, and the necessary violence was used to effect their arrest. Constables C. Murphy and Fay ; corroborated the evidence of Constable Fleming. . Plain-clothes Constablo Trioklebank stated that ho went down several times to the vessel to arrest Trought and Stewart, but they were in hiding, and they, eventually gave themselves up. The Defence. Mr. H. F. O'Leary said the whole question was as to the identity of the men. Ho admitted that there was a row, aud that Constable Hossell had been assaulted. Ho stated that there was a strong probability that Taif and Eloy were beinc mistaken for Trought and Stewart, who were alleged to be tho ringleaders. With respect to Cupid, counsel stated that.ho had only just come on board when the polico arrived. Clifford Tait, one of the accused, said he knocked off work at 1 £.m. on Saturday, and not feoling well lie went to his bunk about 2.30 p.m., and never left it until he was arrested. He protested to the constablo that he had not' loft his bunk, .but he was beaten by the police officers, and ho eventually .got out of his bunk and submitted to arrest. The chief officer gave evidence as to Tait having complained of not, being well on Saturday. Joseph Haiuos, A.8., stated that ho wont to his bunk at 3 p.nu on the Saturday, and remained there all the time. Tait was in his bunk theu. On awaking after a sleop, about 10 p.m., Tait and Eloy were then in their bunks. Later tho police came aboard, sindhe witnessed the arrest of Tait, who was violently beaten by the constables. Hilton Douglas, A.8., and Charles Carrigan, A.8., corroborated tho evidence of Haines. Chiirlos Eloy, A.8., and George Cupid, fireman, two of the accused, also gave ovidenco. This concluded the case. His Worship dismissed the , charge aginst Tit aud Eloy, aud convicted tho other four men, who were each fined 405., and 2s. witnesses' expenses, in default 11 days' imprisonment. j