RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3578, 29 December 1882, Page 3

RESIDENT MAGISTRATE'S COURT.

This Day. (Before Captain Preece, R.M.) ASSAULTING A CONSTABLE. John Franklin was charged on the information of Constable John Laurenson with having assaulted the informantwhile engaged in the execution of his duty, on the 27th instant. The accused pleaded guilty. Constable Laurenson deposed that on the 27th instant, about 5 o'clock, when returning off beat, he saw the accused in Carlyle-street. The accused came up to witness, and said, "You b^—- b , why did you keep me in Court tbis morning." He then put up his fist, and saying-, " I'll go for you," struck witness. Witness walked away, and accused followed him, also a man named Cunningham, who called out " Go for the b bobby." The men still followed witness, pushing him, when witness turned-round and said, " I'll make you pay for this." Accused then struck*bim under the chin, cutting hts tongue. Witness called upon some men, named Gray, Lear, Raven, Hall, and Meadows to witness the assault. The accused still kept following bim, until witness said he would arrest the accused. While eudeavoiiug to do so Cunningham seized hold of witness, but presently let go again. Witness put Franklin on the ground, and Franklin seized hold of bis arm. Witness then called for assistance. William Hall deposed to having seen the assault committed by Franklin, and the other man Cunningham attempting to rescue the latter from Laurenson. The constable's arm was put out of joint in tbe affray. C. L. Margoliouth, commission agent, was called, and said he saw nothing of tbe disturbance. He heard, however, that a constable had been assaulted while witness was in the Royal Hotel talking to Mr Raven, and subsequently he pulled in Constable Laurenson's arm, which was apparently dislocated. He knew nothing further. Henry Meadows was next examined. He was at tbe Royal Hotel on the 27th instant, and saw Franklin there. Tbe latter called out, as Constable Laurenson was coming along tbe road, "Here's the Scandinavian b™-—now." Franklin afterward followed Laurenson and assaulted him in witness's presence. ASSAULTIKG AND OBSTRUCTING A CONSTABLE. James Cunningham was charged with j having, on the 27th instant, obstructed a police constable, to wit, Constable Laurenson, while the latter was engaged iv the execution of his duty, also with having at the same time assaulted the j same informant. j Mr Lascelles appeared for the accused, and pleaded not guilty. Constable Laureu.on deposed that on the date mentioned, while he had the defendant in the previous case in cbarge, the present defendant came up and endeavored to rescue Franklin as described above. Witness informed Cunningham tbut he was a constable, and had franklin iv charge, ordering Cunningham to let go, when defendant said, "No, I am going to see fair play." Before witness arrested Franklin he heard Cunningham behind him saying, " Go for the b b ." Witness was so disabled that he was obliged to release bis prisoner. By Mr Lascelles: Was returning from duty from the police station at tbe time the assault took place. Was going home for tea, and was cot in uniform. Sometimes I go on duty without uniform. The reason 1 arrested Franklin was for assaulting me, although I was not on duty. I did Dot strike Franklin back again when he struck me. William Hall heard Cunningham say nothing. When witness got down to ivbere the men were struggling he saw Cunningham 'gulling J-.ureneon off

Franklin, who was at the time on the ground. Did not see tbe whole of tbe occurrence. Cunningham let go his hold when Laurenson called for assistance. By Mr Scully: Mr Gray rendered no assistance. Henry Meadows corroborated the evidence of the previous witness. By Mr Lascelles: Witness was present when Laurenson came along in plain clothes. Saw the whole affair throughout, but did not hear Cunningham call out anything. Laurenson had Franklin on the ground, and his knee on him keeping him down, when Cunningham tried to pull Laurenson off. George Raven, a lad, was called, and said he saw Laurenson holding Fraklin on the ground, when Cunningham interfered, and said, "No treachery now," and tried to pull Laurenson oft. Cuuningham twisted Laurenson's arm behind his back. Mr Lascelles, in addressing the Court, said this was one of those infamous cases that almost made people wish there was co such thing as either law or police. The way in which Constable Laurenson had given his evidence was sufficient to ensure his discbarge from the force; moreover he had, while in plain clothes and off duty, committed a gross and illegal assault upon the man FraDklin, and because a respectable man interfered be was brought here on the charge of having assaulted and obstructed " a constable while in the execution of his duty." Was the Court to believe that all the witnesses called for the prosecution had been telling deliberate lies when they contradicted the evidence of the constable with respect to the language alleged to have been used by the defendant ? In any event, however, the case failed upon a legal point, as it had been proved that the constable was not on duty at the time. Evidence was then called as to the good character of the defendant, which was also vouched for by Inspector Scully. His Worship said that, although the constable was in plain clothes, he was nevertheless on duty, although he undoubtedly should have been' in uniform. It was clear enough, too, that Franklin knew Laurenson to be a constable, and a heavy penalty would therefore be inflicted. He must pay a fine ot £5, and costs 17s, with expenses of two witnesses 12s, or be imprisoned and kept at hard labor for one calendar month. In the first case against Cunningham the charge of assault was not sustained, but he was convicted on the second charge of obstructing a constable, and must pay a floe of £l and costs. The Court then rose.