POLICE AUTHORITY

Evening Post, Volume CXIV, Issue 126, 24 November 1932, Page 7

POLICE AUTHORITY

UPHELD BY MAGISTRATE

FINES FOR RESISTING

"It is a serious thing to .tesist the police, especially ■ these time» when trouble with the police may spread rapidly, for unfortunately feeling runs high. The police do their best a.ud try to give a fair deal to everyone. I ani sureof that; if 1 were not I wouku not support them in matters of this ki.ud," said Mr. W. H. Woodward, S.M., in tho Magistrateos Court at Petone yesterday to two young Wellington men, Hermann Rathner, a meter maker, aitd Frederick Courtney, a' carpenter. Thenr pleaded guilty to a charge of assaulting Constable H. MeNamara in the exe--cution of his duty. Courtney was charged with using obscene language in a i public place, and pleaded not guilty.

Outlining the ease, Senior-Sergeant H. H. Butler said that the attention of Constable McNamara, who was in plain clothes,: had been attracted on Saturday night near a dance hall on the' Esplanade by.'the behaviour of a groups of young men and by hearing obscene language. When he arrested Courtney for using the language, Rathner and another struck him and kicked Mm so that he had to let Courtney go, but he succeeded then in bringing Rathner to the police station. The' next morning Rathner was in a penitent mood and • assisted in inducing Courtney to admit his share in the trouble. For that reason the Senior-Sergeant asked for a lessening of Rathner'a punishment. Both he and Courtney had previously been before the Court. ■

In evidence Constable McNamara said that the whole party seemed to have had drink. ) For the defendants, Mr. 11.I 1. Ongley admitted that it was a bad attack on the police, but explained that Eathner and. Courtney had been trying to quieten a stranger, wlio was drunk. Rathner- thought the wrong man had been arrested for using the obscene language and he foolishly struck the constable. . '■ -

Courtney and Rathner both gave evidence.

Tor assaulting the constable Rathner was fined £5 and Courtney was fined £,3j and they were ordered to pay between them £4 10s for a new set of false teeth for the constable^ his having been broken in the assault.

Regarding the obscene language charge against Courtney, the Magistrate said he did not think the constable had made a mistake, but in view of the fine imposed on the other charge he would convict and discharge Courtney.