POLICE COURT, PORT CHALMERS.

Evening Star, Volume VIII, Issue 2141, 17 March 1870, Page 2

POLICE COURT, PORT CHALMERS.

Yesterday. (Before his Worship the Mayor, and T, Taylor, Esq., J.P.) In the case of Scott v. Scrgt. M allard and Constable Sullivan, Sergeant Mallard addressed the Court as follows :—“ May it please your Worships—When I arrived at the scene of the disturbance, I found the man Scott lying up >n his back, beating Constable Erridge with a baton. I took away the baton, put the loop at the handle over my right wrist, and then turned the man Clyesdale off Constable Erridge. I then endeavored to put the handcuffs on the man Scott. I had succeeded in getting one handcuff upon his leffi wrist, when he commenced kicking violently. I thought I had succeeded in getting the handcuff upon the right wrist also, when the prisoner’s hand in some maimer got loose, and he struck out with both hands, the handcuff remaining attached to the left wrist. During this time the prisoner lacked me three times, once upon the upper and inner part of the left thigh, and close to the tenderest part of my body. 1 then turned round and struck Scott twice with my baton upon his leg. His hands weie free at the time except that a handcuff was attached to one of them, which I respectfully state would be more dangerous to me than if the handcuff was unattached. I solemnly assert that I never struck Scott on the head, and struck no more than the two blows I have mentioned on the legs ; that is all I have to say to your worships. The Magistrates retired, and on returning into Court, they gave judgment as follows :—On carefully going over the evidence in this case, they could come to no other conclusion than that the police had exceeded their duty, and used far more violence than was necessary for the safe custody of a drunken prisoner. The conduct of Sergeant Mallard, coming as he did direct from the station, should have been that of a man cool and collected. But instead of this they found that he came upon the scene in an excited state, which might possibly account for his using the baton, as they thought, unnecessarily. The high character Sergeant Mallard had received during the time he had been in charge of the Police at Port Chalmers induced the Bench to look on his offence with leniency ; hut they considered that they would pot he doing their duty did they not inflict a fine. Thi y therefore fined him in the sum of Ld, and costs, or J4 days’ imprisonment. The case of Constable Sullivan wore a different aspect. He, to a certain extent, was acting under the orders of his superior officer, but still nothing would justify him in his treatment of prosecutor. However, taking into consideration the relative positions of the two men, they thought the justice of the case would he answered by inflicting a fine of 40s and costs, or seven days’ imprisonment.