DRUNK AND DISORDERLY.

Manawatu Herald, Volume XLVIII, Issue 3546, 5 October 1926, Page 3

DRUNK AND DISORDERLY.

RESISTING POLICE. At the local police court yesterday morning, before Messrs M. E. Perreau, and D. R. Ogilvy, J.’sP., Charles Edward Boyle was charged (1) that on 2nd October he was guilty of disorderly behaviour while drunk in a public place, to wit, the Foxton Railway Station, and (2) with resisting a police constable in the execution of his duty.

Accused pleaded not guilty to both charges. Constable Owen conducted . the case for the police. Constable Ryan, in evidence, said' that at 7 p.m., on the arrival of the evening train on Saturday, he was on duty at the local Railway Station. Defendant got off! the train and approached witness and commenced to discuss a certain case which was pending, and in which he was involved. He was drunk and worked himself up over the matter until he became obnoxious. Witness advised him to go up town and have a meal and left the station by the south gate. Defendant, however, followed him and still kept talking about the case, saying that he would be fined for the offence, but he would fish in the drain until he recovered his fine. Witness again told him to go away but defendant said he was going the same way as witness. Witness then turned and went back on to the station platform. Defendant followed and ndopted a threatening attitude. Witness then told him he would have to arrest him if he did not go away. Defendant then put his parcel down and said “It will take a better man than you to arrest me.” He defied witness to arrest him. Witness then grappled with him and they both fell to the ground, a bottle of whiskey in defendant’s possession being broken by the fall. Witness succeeded in getting one handcuff on and was endeavouring to secure the other hand when the clerk from the station, Mr McMertree, came to his assistance and defendant was secured. A taxi was then procured but witness had a good deal of trouble in getting defendant into the vehicle. He experienced the same trouble in getting him out of the car and when examined in cell it was found that defendant was bleeding freely from a wound in the head. Medical assistance was obtained but defendant struggled so that it was impossible to do anything with him. He had to be handcuffed again and held down nvhile the doctor attended to him. Defendant was subsequently released on bail. Cross-examined by defendant, witness said that defendant followed him about, Defendant: That’s a lie, Jack. I spoke to you over the whitebait but it was another matter that happend 12 months ago which I spoke to you about that you didn’t like. Was head cut before we left the station? —No Did you send for the doctor or I? —\\le sent for him at your request. L. McMertree, clerk, at the railway station, in evidence said that he saw Constable Ryan and defendant struggling on the platform and went to Constable Ryan’s assistance. He could never have handcuffed defendant without assistance. To the Bench: Could not say what defendant’s condition was when he stepped off the train. When he saw him he was lying on his stomach and Constable Ryan had his knees on his shoulders. Defendant’s right handi was under his body. W. guard on the Saturday night train, said that Boyle had not given any trouble on the train. Did not see him have any drink. After the arrival of the train in Foxton witness heard Boyle arguing with Constable Ryan and later saw them struggling together. To defendant: Saw him counting his money when the train was between Motuiti and Foxton. Defendant: A drunken man would not do that! Charles Edward Boyle, in evidence said that when he stepped off the train he spoke to Constable Ryan in a friendly way. He knew what he was doing and did nothing rash. After he had spoken to him, he “buzzed off” and walked along the platform where be put his parcel down on a seat. Just then he was kicked on the legs from behind and his shoulders pushed, causing him to be knocked down. He thought the building had fallen on him. He was grabbed by the arm and Contable Ryan asked if be would give in. Witness said “yes, but don’t hurt my wrist.” He was handcuffed and not even assisted to his feet. Walked willingly to the car. Said “Jack, I’m surprised at you. This isi‘unjust punishment. You’ll pay for it in the end.” When they arrived at the Police Station asked the taxi driver, Murphy, to take charge of his' money. Constable Ryan called to him to come out, and dragged him out and kicked him, on the head with the toe of his boot. Would willingly have sat down in the cell to have his wound dressed by the doctor, but the police suggested throwing him. Would not be thrown. It appeared to him that they were patching him up to make him look as good as possible and so he refused to have any stitches put in. Merely had the wound dressed. Couldn’t get witnesses. Had asked Murphy to give evidence but he said he had not seen the incident as he was on the off side of the car. The bottle of whiskey had been given him. by a friend in return for half a tin of whitebait. To Constable Owen: Was not handcuffed the second time until they had suggested throwing him. Constable Owen: Didn’t I assist

you to your feet in the cell and help you as gentle as a schoolboy?— You were gentle all right! Continuing Boyle said he was pulled out of the car and kicked. Didn’t think he should call Murphy as he was in business in the town and did not want to be appearing in court. Did not mention that he had been kicked the following morning when arranging bail with Constable Owen.

Cross-examined again by Constable Owen, defendant said that he would not say that the catching of his head on. Constable Ryan’s boot was intentional. Admitted he was cantankerous and aggressive in liquor if provoked. Admitted his previous convictions were due to liquor.

Constable Owen, said that defendant had a wife and young family, one of whom was in the hospital. Mr Perreau: The bench is of opinion that Constable Ryan was doing his duty.

Boyle said he was a hard-working man, hard up, with a wife and five kiddies.

The Bench: You should remember that before you get drunk. The Bench retired to review the case, and upon resuming said: You are deserving of a heavy penalty in view of your long list of previous convictions, but taking into consideration your wife and family, and that you were drunk you will be fined £1 on the first charge and £5 on the second, costs £1 4/-. A strong recommendation was also made that defendant leave drink alone.