Action against a Coustable.

Manawatu Standard, Volume XI, Issue 1654, 10 March 1886, Page 4

Action against a Coustable.

(lER UNITED PRESS ASSOCIATION.) . Christchurch, Tuesday. At the District Court yesterday Oscar Johnson, ■ a pupil teacher of the Lower Heathcote School, sued P. McGill, a constable, for £100 damages for illegal arrest and unnecessary violence connected therewith. The evidence showed that* the constable had arrested the plaintiff Without any charge having been formalEv'preferred, but acting on the pre sumption of plaintiff's .guilt m conse- - quencg,jD.f.. haying been shown a letter from a doctor,, stating that a girl .the plain'tfff ; 'was r 'supposed to to have a,Rsaulted was m a precarious state; The . constable hadhahdeuffed the plaintiff m the < presence of a number of children and .other teachers of the school, not- ■ withstanding remonstrance from the headmaster that the plaintiff would go quietly. ' Johnston had since been entirely exonerated before the R.M. Court. : Edr'the defence, it was pleaded that the ' constable: hud acted under the belief that he -was justified by the Police Offences Act." Judge Ward pointed out that the A«t was much calculated to mislead, as it'Lprpyided a special penalty for constables not performing their duty, though m this case the constable had acted under a misap'preherisibn of his duty. The jury found for the plaintiff and awarded. £50' aamages. ;