UNUSUAL CASE

Hokitika Guardian, 1 April 1930, Page 8

UNUSUAL CASE

EX-DETECTIVE*. ALLEGES ASSAULT. DUNEDIN, March 28. A case of a very unusual type, in vvliie'i a magistrate entered the witness box, was heard in the Police Court this morning, when ex-Detective Frederick John Hammerly complained that following his recent arrest lor drunkenness he was kicked on the leg by Sergeant John Isbister while being marched to the station. As a result he preferred a charge of assault against the sergeant. Hammerly, who conducted his 'own ca.se, said : ‘At 1.5 a.m. on February sth. I was arrested by Sergeant Isbister on a charge of being drunk and disorderly, and this was altered to a cnarge of disorderly conduct. On the way to the cell in the station 1 was kicked on the leg by Sergeant Isbister. I took it. for I would have got into more trouble if I had tried to do anything. I told him that if I was going to 1)0 charged with drunkenness wamted Dr Marshall MacDonald. 1 gave them sufficient time to get him, but iie did not arrive. -• property that was taken from me was not accounted for. The police are quite honest, and I’m not accusing them of thieving, but I want an adjournment. I have served a subpoena against Air Bartholomew, S.M., as he e .n also give evidence. The Magistrate (Air Bundle): What evidence can Air Bartholomew give: You must remember that the evidence in this case is to be limited to the particular charge. I won’t grant an adjournment at this present stage. -Hammerly: Air Bartholomew sat on the , bench at the previous hearing and look notes. There is also a greater reason for an adjournment. I’ve lodged an appeal. Inspector Cummings explained that the subpoena had not been served on Mr Bartholomew last evening, as he would be busily engaged with the court at Outram this morning. After the magistrate had again instructed Hammerly to go on with his case the latter announced that he would call Dr AlacDonald. Dr AlacDonald said that Hammerly visited him on February 11. Hammerly was suffering from a bruise just below the right kneecap, It was too or three inches across and there was blood under tbe skin. To Air Adams witness said the bruise seemed to have been caused some days before. It had been caused by a fairly bard knock.

The next witness called for by Hainnierly was Fred Duncan, but there was no appearance. The court orderly also reported no appearance of Mr Bartholomew. At this stage the court adjourned till the afternoon and when it resumed Mi Bartholomew entered the box. Hammerly asked (that the notes taken by Mr Batholoinew should be read but Mr Adams objected to the reading of any notes except those dealing with the admissions of the defendant.

Mir Bartholomew read the sergeant’s evidence and Mr Bundle refused to 1 allow further questions, with the exception of one by each side.

Hammerly: Did I ask you to state a case for appeal, and did you refuse? Mr Bartholomew: I did, on the ground that the application was frivolous.

Hammerly said he intended to take proceedings in the Supreme Court to compel the witness to make a statement.

Mr' Bartholomew: I have nothing further to say. After further evidence had been heard the Magistrate said he had no doubt about the facts of the ca>x? which would he dismissed. Costs amounting to £2 9s fid were allowed against the informant who said he would tilke the case to the Appeal Court.