A BRUTAL POLICEMAN.

New Zealand Times, Volume XXXII, Issue 5196, 16 November 1877, Page 5

A BRUTAL POLICEMAN.

At the Melbourne City Police Court, before Mr. Sturt, P.M., and a bench of magistrates, Police-constable William George McDowell was brought up on summons, charged with unlawfully assaulting an elderly man named Edward Irving Wallace. The prosecutor, who is an organ builder by trade, stated that on the night of the 26th ultimo he was iu a right-of-way near McCracken’s brewery, when the constable came behind him, and, seizing him violently, proceeded to arrest him. He was doing nothing that would justify the officer's interference. Witness remonstrated, and endeavored to get away, when the constable drew his baton and struck him on the back several times with great violence, and then gave him a violent blow ou the head, which laid bare his skull, and rendered him almost insensible. Witness during the greater part of this time was holding on to a fence, and did not attempt to strike the officer. After some time, iu response to the defendant’s cries ot “ police,” another constable came up, with whom witness consented to go quietly to the watohhouse. The defendant, however, put the handcuffs upon one of his wrists, and on the way to the lock-up frequently twisted them round, giving him great pain. He was locked up for the night, and in the morning was sent to the hospital, where he remained until the 10th inst. Mr. Fitzgerald, -M.8., Melbourne Hospital, explained the serious nature of the man’s injuries, and stated that he must have received a very severe beating, while several respectable witnesses who were attracted to the scene of the assault described the constable’s conduct as having been most violent and uncalled for. At the conclusion of the prosecutor’s case the Bench asked if the proceedings were of a criminal nature, or were at the instance of the prosecutor to recover damages in a civil suit. The prosecutor intimated that he elected to take the latter course. The defendant then claimed the right to give evidence, and endeavored to make it appear that Wallace was attempting to strike him with a paling, and that he in guarding off the blow accidentally knocked the piece of wood against the prosecutor’s head. The Bench held that a most unprovoked and cowardly assault had been committed, and as the prosecutor had elected to proceed civilly, they awarded £ls damages to him. They were of opinion that as the constable had not been long in the force he had exceeded his powers through ignorance, and therefore requested Inspector Ryall to inform the Chief Commissioner that they were of opinion that he should not be dismissed from the force.