TWICE TRIED.

NZ Truth, Issue 72, 8 December 1906, Page 5

TWICE TRIED.

SOMETHING VERY ROTTEN SOMEWHERE. Policeman Jerry O'Brien Before Juries. Extraordinary Action of Some Policemen. A Man Jagged, Bashed, Robbed and Then Fired Out of Custody.

The most interesting trial of the criminal sessions, concluded earlier m the week, and one which proved a great drawine card, was that of Police Constable Jeremiah O'Brien. Being himself an officer of the law it seemed natural that the hearing of a criminal charge against him should attract great attention. As far .as the Crown was concerned it made no bones of the fact that it was an important prosecution, because Jerry was a policeman and for the additional very good and urgent reason that if the public were not protected by the police, who were appointed to protect the public, then it was a very pb&r look out indeed for the public. That O'Brien was prosecuted to the utmost extent of the law, none can gainsay. Not the slightest favor was shown him that any other accused person could not claim. Ho was arrested and allowed reasonable bail. He had Contending against him the police heads and the Crown Prosecutor ; Mr Myers even conducting the case m the initial proceedings m the police court. To O'Brien's counsel, Mr Herdman this savored, if not "of persecution, then of a rather • HIGH-HANDED ACTION on the part of the Crown. Mr Herdman accordingly protested, but m vain. He received the simple answer that the accused was a policeman, that there seemed more m the case than met the eye, and that the public, the long- i aared, long-suffering public, would not be allowed to truthfully say that there was one law for a policeman and another for a civilian ; O'Brien, guilty or innocent, would have to face a trial like any other accused person. Twice he stood m the dock, last Saturday and last Monday to answer .the -charge; against him. Even m the manner m which the indictment was framed Copper Jerry was given no loop-hole-Rubbery with violence, theft from tho person," theft, and assault were the various counts, though, truth to tell, t/L, Crown xlid not place too much reliance on the fust two counts, but were ready > to abide by the jury's verdict on either o£ the alternative charges. ; All day Saturday, from morn till night, the jury listened to evidence for Crown and defence, but after a few hours of retirement failed to agree, equal numbers being for guilty and for acquittal. Last Monday the Crown came at Jerry again, with a fresh panel, but again the twelve good men and true disagreed. A strong circumstantial case, if nothing else, was made out against O'Brien. It's weak link seemed to be m the identification, and it was still more weakened l:j 4 the alibi that O'Brien produced. The facts of this remarkable case can be easily and briefly stated." The prosecutor is a wharf laborer named Patrick Bernard Coghlan, and for his station m life he is above the ordinary intelligence. Still like too many of those of his fellow toilers, he has A PENCHANT FOR BEER and other exhilarating beverages, and on the afternoon of October' 30 last he started out to "-ratify it and up till 11 o'clock of that night, about when his troubles began m earnest, he had m fact on the testimony of some, whose disinterest m the case entitles them to respect, overstepped the mark distinguishing sober from drunk. Still, from the Crown point of view, Coghlan was not so drunk hut that he knew what he was doing, and certainly one or two of his actions showed that beer had not muddled-up his thinkajnlities. Long after the pubs were closed, Coghlan, who lodges m Garrettstreet, had supper at the Silver Grid. He finished about 11.20 and strolled down as far as the Royal Oak, to view Vhe scenery probably. When at

the corner of Taranajti-place and Cuba-street, known as Herdmann's corner, he collided with two men m policemen's uniform. One, subsequently identified as O'Brien, saluted him with •-'HULLO, YOU DIRTY COOT I What's your name ? Where are you going?" Stepping, back, after meekly intimating that he was wending his homeward way, he pulled out a note-book and made a memo, of what the constable had said. This action, it was claimed, infuriated O'Brien and Coghlan had his arm twisted 'behind his back and run m to the Manners-street lock-un. There, according to his story, he was twice punched on the face by an officer whom he positively identified as O'Brien, and had his money, among which was two sovereigns; taken from him, and he was flung into a cell. While m the •iungeon, O'Brien made some desultory comment on the fact that Coghlan had been making notes m his book, which he stated had been purchased— and the fact : seemed to cause Chief Justice Stout I much merriment— in a shop owned by the proprietor of "Truth." After a few minutes' imprisonment the wharf laborer was released and his money ' handed back, minus one of the j sovereigns. He of course squealed ; ; but being threa wd with more i stoush and more cell, he made the

hest of a bad job and silently stole away to his lodgings m. &arrettstreet, and having there listened for falling footsteps and hearing none, battled his way down to the Laanlbton Quay Police Station where he made a complaint to Sergeant Hastie of what had befallen him at the hands of a lf bhoy m blue." The next morning he was taken m hand by Chief Detective McGrath. At Mount Cook Station O'Brien was lined up with a number of other policemen but Coghlan failed to identify him. Now here, according to the case for the Crown a peculiar mistake happened. After leaving the LamMori Quay Station Coghlan had unburdened himself of his troubles to Constable McLeod, who very kindly supplied an accurate description of Constable O'Connor, whose beat the affair happened m, and who that eventful evening had at the time THE ALLEGED ASSAULT AND ROBBERY occurred, been relieved by Constable O'Brien. Ooghlan searched the Mount Cook police ranks for a man who resembled the description given him by

McLeod. Coghlan saw O'Connor and told McGi«,th that the lnan was not there. The same afternoon ths police were paid and 25 more or less were lined up at the Lambton Quay Station and there without the slightest hesitation O'Brien was picked out by Coghlan as the thief and assailant of the previous evening. j Thrice Coghlan told his story. He, j never varied. He was positive that O'Brien was his assailant. He would not swear to the other constable's identity. Corroboration of the story of the wicked ami unlawful arrest camie from a mam 'named Conway, who. keeps a boarding-house m Taranaki Place, and who happened at the time to be on the look-out for any of his stray sheep. Conway, however, could not identify anybody. The defence was a tatal denial. An j alibi was. set up, and a number o£ witnesses were called , who could not make sure of the time, but all of whom were positive that O'Brien could' not very well have been ROBBING, ASSAULTING AND RUNNING IN a man at the time sworn to by Ooghlan. O'Brien himself gave evij deuce and denied going; into Taranaki Place at any time that night and a suggestion was thrown out by him that some criminals had impersonated policemen and bad done the daring deed of running a drunk into a lockup, assaulting and robbing him. The expression "A DIRTY COOT" he denied using. He failed to remember whether m a police court case a man named Wade had attributed the use of the same expression to him ; but still he was certain he had not thus given his tongue vent. He was under the idea that he had been told only to look at the Cuba-street j beat and had lingered along m Saga's Lane before he went to take a look at the most important beat of ihe metropolis. Sergeant Latimer said he told O'Brien to relieve O'Connor on the Cuba-street beat, and on that matter there was therefore a conflict of testimony. The one loophole of escape was m Coghlan's failure to identify O'Brien at the first time of trying and Mr Herdman hammered at the jury, m fact at i both juries, on this very important \ point, allowing other issues, • even the alibi, to slide. The Crown Prosecutor made a very J tellin.o- .speech against O'Brien and the Chief Justice summed up at length, and if anything against the accused ; but Monday's jury, after four hours' retirement again failed to agree. On Wednesday it was announced that the Crown did not intend to proceed further vrith the prosecution j against O'Brien.