CAVE-MAN CONSTABLE

NZ Truth, Issue 1108, 24 February 1927, Page 7

CAVE-MAN CONSTABLE

Douglas Finds That Rough Stuff Doesn't Always Pay

(From "N.Z. Truths Special Auckland Representative.) gY finding m favor of a Maori who brought an action for damages against a member of the police force for "wilfully and without lawful excuse unjustifiably assaulting him," a jury returned a somewhat unusual verdict' m a most unusual case.

§__ N a Supreme Court action 1J against George- Nicol w. Douglas, a, police constable 111 lft 111 sta - 1 ion c d at . Mercer, 'Krai Maak^ '-. Purua' claimed. W » ,£l5O damages, £75 ' loss of wages and £5 ss. special damages for what his counsel described as "violent assault and.unjustifiable force." He had only three drinks, Maaku stated, when he met Constable Douglas, who asked him why he had not\ paid Dean's account, Dean being the storekeeper of the town. 'T: replied that I did not have any money," Said Maaku, "and I also told him that it was. no business of his or of any other people, as Mr. Dean had placed the matter m the hands of his solicitors." The constable — according to Maaku-^replied: "If you don't pay y o up account there will be a■• — -*«..■» , warrant \ issued 'against you." With true Maori ' philosophy he retorted that if a warrant was issued he supposed he would have to go to gaol. "After that," declared Maaku through his interpreter, ' "Constable Douglas spoke to me m Maori. He said: 'You are a bad man; you are a thief— L all Maoris are alike." Maa k v alleged that as he moved away ; Constable Douglas grabbed him' from behind and threw him violently on his face. The guardian of law and der, according to Maaku, knelt on his chest, punched his face and twisted his leg. Constable Douglas later arrested Maaku on a charge of drunkenness, which was subsequently dismissed. The Maori said he told him that his shoulder had been dislocated, but the alleged reply was: "You are a damned humbug!'' . ' \ It was before 11 o'clock when he was Imprisoned m. the cells and he was not discharged; until 6.10 p.m. the same day. During that time he was m very great agony and had spent most of the day groaning. Dr.. Harold. McThomas Begg stated that when he examined Maaku on the night of October 26, 1925,' he found the right shoulder dislocated. Under cross-examination, Maaku admitted that he had taken out a prohibition, order against himself eight years ago, but apart from a conviction about the same date for : drunkenness he had never been convicted since. / Lawyer Dickson (for the constable) : Show us how you drink a glass of beer with an arm like that! (Laughter). It was a decidedly good exhibition!! Maaku demonstrated beyond any doubt that he suffered' no disability m lifting long beers.

Annie Barron, wife of Jack Barron, employee of the local sawmill, said she watched Douglas and Maaku talking m .the street on the morning of the alleged assault. The Maori was very quiet, but the coristable was excited, she told the Court. She saw Maaku walk away, when suddenly Douglas jumped at him and threw him violeritly to the ground. "I screamed out: 'Oh, my God! He will break- his arms!' " added witness. George, Nicol Douglas, tall, powerful and broad-shouldered, denied absolutely that Maaku Purua's injury had been, caused through any violence on his part.

His story was that when- he approached the Maori and told him that Dean intended taking out a distress warrant against him, the reply he received was: "You are a i A n n f nr > r»^an!" His answer i, to this had been: "You want your beer stopped."

-' Then Maaku, Douglas stated, immediately rushed at him, him round the thighs.. . ' . i He' 1 retaliated by bending down, taking hold of the Maori's • feet, and pulling ' him up-wards.'-..The.. Maori had then fallen to the ground and he (Douglas) had" fallen on him. Probably this was "when his shoulder was injured. The constable denied that he. had twisted Maaku's arm or kicked him. Lawyer Singer ' (for Maaku) put it to Constable Douglas that m the course of his duty ne naa sometimes to take a man by the arm •• and m getting a grip ;he had to twist the., arm behind the back. This method, he suggested, was one which might possibly result m dislocating the. shoulder. Constable Douglas: I have used, the hold on .other men, but I have never had any. complaints. After further evidence,' Judge Herdman, m summing-up, said: "On. its face it may seem a paltry cas ; e and . ;i it. is' possible that a jury— unless strict 'heed has been paid to the evidence— -may be responsible for a : grave rhiscarriage. of justice as far as the Maori plaintiff is concerned. ', ..'■••" "On the other hand, a very serious wrong may be done to a police .officer whose character is at:stake." x ■ After a retirement, bj fifteen, minutes^ the jury^ returned' , the! following verdict: *-•■■ . -•-,.; "We are not satisfied that the Maori was drunk, but tie attacked the constable more from excitement. "We consider that the constable used bad judgment and excessive strength m making the arrest,. causing the dislocation of the shoulder. "We think the damages amount to £50. plus £5 ss. special damages." . . Lawyer Dickson then moved for a re-trial of the case. iitititiiiiiiiiiiitiiiiiiiiiitiiiiitniiiiiuiitiiiiiiiiiiiiitiiiiitiiiiiHiiniiiiiiiiiiiiuititiuiiiiHiiiiiiiiiitiiiiiiiiiiiiiiii^