Assaulting Constables.

Patea Mail, 28 October 1880, Page 3

Assaulting Constables.

Charges against F. Williamson. At Patea 11. M. Court on Tuesday,before Mr J. W. Kenah and 11. F. Christie, justices, Francis Williamson was charged on (wo summonses with assaulting Constables Burrows, Waverley, andM'Phcely, Waitotara, by violently resisting them in executing a warrant for his arrest as an absconding debtor at a bush cottage near Waitotara, on the morning of Monday, October 11th. One summons alleged that the constables’clothing had been also damaged. Mr Ward appeared for the defence. Sergeant Donovan said a separate information had been laid as to the damaged clothing, and lie wished the first summons to be amended by' omitting the clothing. Mr Ward : 1 came here to meet the information as it was served on my' client* The other information was laid about a quarter of an born - ago.

Sergeant Donovan ; The date is a mistake. I wish that amended also. The Bench : It is written here 1888. I presume Mr Ward is agreeable to the alteration ?

Mr Ward : X have only just been instructed, and there are two other informations regarding the same case which have been laid only this morning, just before the Court opened. Me got them at three minutes to 11 to appear at 11 o’clock. Therefore I am not prepared to go into my defence in these cases. The whole three cases would be involved in one set of evidence, and there is a witness who is at a distance, she being at Warerley. Therefore I ask that these cases should be remanded to be heard at Waverley on the usual Court day. The alleged offences were committed at Waverley. It is manifestly improper that the defendant should be called upon to answer to two very serious charges, the informations for which wore served only 16 minutes before the Court opened. The Bench : There is no Court to be held for the future at Waverley. Mr Ward : Then here or Wanganui. It would be just as easy, and the expenses would be no heavier, for the parties to appear at Wanganui. My client instructs me to say lie will appear at any time ; and the expenses necessary, if there are any, he would not object to pay ; though I don’t see how he would be expected to pay them now, seeing that two of those informations have only just been served on him, lie is here to answer three charges two very serious ones and one for common assault. The serious one cannot possibly be heard to-day, in justice to the defendant, and therefore I think he has right on his side in asking for a remand. And I think I am acting fairly in asking for a remand

to Wanganui. Those assaults took place near Waitotara, anti chore is a line of railway to Wanganui. The Bench : For what length of time would you like the case remanded ? If to Wanganui a week or ten days. Sergeant Donovan : There arc heavy expenses if remanded, and I should object to that unless the defendant agrees to pay the expenses. The Bench : As we understand the informations have just been served this morning, and it scarcely gives the counsel time to attend to the interests of his client properly, we think Sergeant Donovan : Yes, but in the ease of assaulting - Constable Burrows, Dr Croft is summoned here.

Mr Ward : The expenses alluded to would be inflicted upon the defendant il lie is found in the wrong.

Sergeant Donovan ; If the defendant wore not found guilty, where would Dr Croft’s expenses come from V The police are not only doing their own duty, but are doing the business of the public in bringing the defendant here for assault. Constables cannot do the business of the public unless protected.

The Bench : Undei all the circumstances it would be only just to the defendant to allow bis solicitor to work up the case. Sergeant Donovan : I have no objection to a remand in any case were it. not tor the expenses.

The Bench : Will the opposite sid° guarantee (he expenses of the remand i Sergeant Donovan : There are only the expenses of Dr Croft and the two witnesses from Waverley and Waitotara. Mr Ward ■ ft is usual to allow these to follow the event. lam not asking for any very great favor. All the cases are upon the same indentical assault.

Sergeant Donovan : There is no fresh matter brought out upon the informations laid this morning. They only' amend the first information regarding the destruction of the trousers. The assault on the second constable is nothing fresh: it arises out of the first one. 1 don’t recollect over seeing a case of adjournment applied for without the expenses of witnesses Vicing allowed.

The Bench : We think that is just. Mi - Ward : In civil eases most decidedly' it is ; but this is a public case, and there might be an indictment framed, and if so the Crown would pay the expenses. The Bench ; There is nothing to prevent us going on with the case now, and it would be just to require an understanding that the defendant will pay the costs of the remand.

Mr Ward . Would your woiships remand it to Wanganui, then ? The Bench : Certainly not. We would bo inclined to remand it about a week. Mr Ward ; I don’t think Dr Croft would charge any' expenses for attending here this morning. Dr Croft (in Coml) : I beg leave to say Dr Croft would. (Laughter.) The Bench ; If you will guarantee the costs of the remand, we will adjourn it for seven days. Mr Ward : Would your worships say until next Tuesday week—for 11 days? We have a witness who is really' very unwell. Sergeant Donovan : I don’t sec any' necessity for such a long remand in this case. The defendant’s time is required for his creditors, if for nothing else. The Bench : Our idea was about seven day’s, and unless you can Mr Ward : If y'onr worships would say' ton days, until Friday', the regular Courtday, The Bench : Wc think seven days would be quite long enough, and should give yon ample time to get the whole case worked up. It will bo entirely' on the understanding that you hear the costs of the remand. Mr Ward : My client says he will do that. Tlic 13ench : The expense!* will be ;£2 3s. The case was then remanded till Tuesday' next, at Patea.