POLICE COURT. PORT CHALMERS.

Evening Star, Volume VIII, Issue 2139, 15 March 1870, Page 2

POLICE COURT. PORT CHALMERS.

This Day. (Before D. Rolfe, Esq. R.M.,andT. Taylor, Esq., J. P.) ASSAULT. Frederick Mallard (sergeant of police), Michael Sullivan, Samuel Hughes, ami Joseph Erridge (constables), were charged with unlawfully assaulting and beating Samuel Scott, on the afternoon of March 11. Mr Turtou conducted the case for the prosecution ; Mr Haggitt (Provincial Solicitor), for the defence.

Walter Scott, an immigrant, was sworn, and said he arrived on Friday last by the Jessie Headman. About live o’clock on the afternoon of the 11th inst., was at the corner of the two streets —George street and Mount street, Port Chalmers—with a shipmate named Matthew Clydesdale. Ho remembered seeing Constable Erridge coming and speaking to him and his mate in an insulting way. He did not remember the expressions he used. Ho ordered him to go off the street which he refused to do. He could see no difference in dress from the ordinary people, and did not know him to he a policeman. Witness remained standing at the corner some time but thought he went away from the place when he was first spoken to. The next thing he recollected was Constable Erridge taking hold of him. Witness had said nothing whatever to him, and resisted and wrestled with the constable. Both fell to the ground. The next thing he remembered after rising was that he was knocked down again by Sergeant Mallard. Witness was handcuffed and dragged to the police station. That was all he remembered until he was put into the police station. He had only a slight recollection of what happened there, but he was brutally abused, crushed in the chest by one of the constables kneeling upon him ; he was held down and then shoved into a cellar. Next morn*

ing he felt sore in every part of his body, had a black eye and some bruises on the right knee. He could hardly turn his head as his neck was stiff and sore, and it was still painful. He had no bruises or sores about him before 5 o’clock of the llth instant. Since being in custody he had been examined by a medical man. He was not sober at the time. Cross-examined by Mr Haggitt. He landed about 12 o’clock of that day. He and two or throe other shipmates went to a public house and had drinks. He did not recollect how long they were there. It was only a short time after coming out of the public house that he saw Constable Erridge. He was not in the public house all the time but he and Ins companions had a walk. Ho did not recollect going into the house again, b it remembered seeing several women. He did not recollect speaking or catching hold of any of them. It was quite possible he might have taken hold of one of them, but if he did it was for no offence, He could not recollect whether he did or not He did not recollect what happened in consequence of the bad usage he had received. He and his mate were not larking so as to cause the constable to interfere. He and his mate were “carrying on with their hands, hugging one another,” when Constable Erridge came up. They were not using choice language, and ho could prove he was not using profane or obscene language. He could not recollect what he was saying. Constable Erridge had two paddles on his shoulder at the time he attacked him. He had also a bag. He was going up the hill when he was-attacked. He had been in the street several times, and had been shown by his friends where the affair took place. He was not aware that Constable Erridge said to him, “ Don’t be using such language here —if you use that language you had better go somewhere else.” He did not recollect replying, “Go to hj .” He did not remember whether or not the constable went away from him. The coustablehada blue guernsey on with broad collar. He did not remember bis wearing a hat with ‘ ‘ Water Police” round it. He would not swear he had not. He had seen people walking about Port Chalmers in a somewhat similar dress. He did not know that they were the Water Police. He could not “ mind ” that he had seen Constable Errhlge in a similar dress since. He and bis mate had been sparring a little before tliat—not with, any evil illtentions. He would not swear to that, but that was as far as he could recollect. It was iu diversion, of coarse. He did not remember beginning to hug each other. Hewould not swear he was not wrestling. He believed his mate was more sober than himself. He did not recollect what was said before Constable Erridge put his hand upon him. He pleaded guilty next day to the charge of being drunk and disorderly, but did not recollect using profane language. He was not in the habit of using profane language oven when he was drunk. He understood that the constable took both him and his mate into custody. His mate was taken first. He was not aware he said or did anything to cause the constable to take him (witness), When he first found himself in custody he was on his back. When the constable took him into custody, he took bis baton from him. He did not recollect whether Constable Erridge was carrying the baton openly. He saw him take a baton out of his bag when he (witness) was in the middle of the street, standing up. He did not remember whether the constable bad bold of him. He did not know which of the four constables struck him on the eye. He did not rent)ember what took place. He was not certain that constable Evridge struck him. He did not recollect whether he struck the constable first or the constable him. After being struck several times by constable Evridge, he got the baton into his own hands. He was struck about the head very severely, and about the legs also. The blows stunned him and took away his senses for a bit.

Mr Haggitt: You want us to believe that after being struck about the head and stunned and after you had the handcuffs on, and while he was still beating you, you wrested the baton from him ? Witness : I did. Cross-examination continued : Witness said he struck the man with it on the back of the head in self-defence. He struck with both hands. Ho did not recollect whether or not he struck more than one blow, but he struck him as often as he could. Sergeant Mallard came up and prevented him striking any more. The baton was taken out of his hands, but by whom he did not know. Both he and Constable Evridge were on the ground. He did not recollect kicking, or trying to kick, tsergt. Mallard. [The caso was proceeding when our reporter left the Court.]