WAVERLEY

Patea Mail, 4 November 1880, Page 3

WAVERLEY

The Mail has over 80 subscribers between Whenualcura and Waitotara . BRANCH OFFICE OF THE MAIL. Wednesday Evening. The usual fortnightly meeting of the Young Men’s Mutual Improvement Society takes place on Thursday evening to resume the debate on “ Monarchy versus Republicanism.” Races. —Great preparations arc being made for the Waverley-Waitotara races. A quantity of the timber for the grandstand is already on the ground. Pate A'Show. —Waverley does hot seein belimcl in exhibits this year. X liave not to ascertain the number of entries, but judging Irom those known at present, Waverley will stand a good chance of gaining a few honors. Mr John Hair removed-a number offat cattle to Patea to-day which are entered for the show.

Patea K M. Court. Tuesday, before Major Noake, Mr Kenah, and Mr Peacock, J.P ’a. DEBTOR ASSAULTING A CONSTABLE. Francis Williamson was charged, under a summons adjourned from last week, with assaulting Constable Burrow, of Wavcrley, while in the execution of his duty, by “ striking him on the head and face with a pint glass bottle, and on other parts of the body, inflicting a cut on the temple.” There were two other informations relating to the same affair. Mr Ward appeared for the defence. Sergeant Denovan conducted the prosecution on behalf of the police. Mr Ward said the answer to the charge was that what the defendant did was justified on the legal maxim that every man has a right to defend his castle. Ho would rest the defence on a general authority. Major Noake: We want a particular authority. Mr Ward: I have not a copy of Broom’s “ Legal Maxims,” but the authority will bo found at page 432. Major Noake : The Bench do not think that any general maxim of that kind can be an answer to this charge of assaulting a constable in the execution of a warrant. Mr Ward : Very well. Then wc must sec what ths case is. I ask that all witnesses be ordered out of Court. Witnesscss for the prosecution wore ordered out, but Mr Ward declined to say what witnesses he had for the defence, except that ho could not see any in Court. Evidence was then taken. Constable Burrow, Wavcrley, deposed : 1 have known the defendant well about four years. I went to tho defendant’s house to arrest him under a warrant on the night of the 10th October, tho warrant being dated the 4th, and issued by the District Court. I had the warrant four days, and had tried to execute it by going to the defendant’s house, and then to tho Momahaki where he was said to be working, but he was not there. I had been seeking information previously. Mr Ward : I object to this warrant because erasures are made after the seal of the Court was attached, and I submit that the seal ought to have been also .placed over those erasures to show that they were made in regular course. Sergeant Donovan : The corrections were initialled by the judge. Major Noake : Yes, I think that meets the objection sufficiently, but the objection can be recorded. Mr Ward : I wish it to be recorded.

Witness : From information received as to prisoner’s whereabout, I went with Constable M‘Phecly to the prisoner’s cottage in the bush near Waitotara. At twenty minutes to one o’clock after midnight, I knocked at the door with my hand and called upon Francis Williamson to answer if lie was inside. No answer. I knocked very loud a second time with a whip-handle, but received no answer, and did not hear any noise inside. I felt confident, from previous information, that the defendant was then in tho house. After knocking the second time, I said, “ I am a constable with a warrant from the District Court to apprehend you Francis Williamson, aud it is no use keeping quiet : we know you are there and had better open the door.” I still received no answer, and I kicked the door with my boot, and called again on Francis Williamson, in tho Queen’s name, three times, to open the door. I received no answer. I gave an extra hard kick, and the door flew open, veiy easily. The night was dark, and I struck a light before entering the house. I held the match up near my face, and I saw the defendant sitting on the edge of the bed, there being only one room; and be said :“ I’ll knock your bl- y brains out if you come in here.” I saw him reach his hand to snatch something that glittered near the bed, I rushed in to seize Williamson, and just as my hand touched him I got a blow over the left temple. It was a bottle. I closed on Williamson, and we both came to the ground, and struggled there a short time. I kept singing out to stop struggling, as I had assistance ; but I could not, see the other constable. In the struggle I received blows on the top of the head and at the back of the neck, those on the neck being ■with Die bottle. He stopped straggling when Constable M’Phcely came to my assistance, but be refused to get up. I felt faint aud weak after the blows on the head, and I bled a great deal. We pulled him out of the house, as he refused to get up, and put the handcuffs on. I procured a light and read the warrant to him .

On the way from his place to Wavcrley, the defendant said “What business had you to come to my house to persuade my wife to induce me to give myself up because you had a warrant out. I have done nothing.” Wo then took him to the lockup, and he was forwarded to New Plymouth gaol. The cut on my left temple was dressed by Dr Croft. Cross-examined by Mr Ward : I took handcuffs with me to the defendants house, because I always carry them. We handcuffed him because there was no other way. When I went there on the previous Thursday his wife said she knew nothing about him. He had been denied also at his mother’s house. I did not strike him in the face when I rushed into the cottage. When I got him down I tried to hold him from hitting me. He knew who I was when I entered, and he could sec who I was by the light I hold. Mr Ward • Do you consider it is in accordance with your duty and by order of your superiors to enter a man’s house on a Sunday night, when ho is in bed with his wife and baby in a single room, and to break open the door, and to do all this kind of thing ? Witness : Yes. And you never expected to be assaulted when you rushed in ? Witness : The reason why I made a rush was because I thought it might be a gun he had got ? When you got outside what did yon do ? Witness ; I was about cooked then, but I did assist to put the handcuffs on. On the way to Wavcrley, he said: You cowardly b , why don’t you go and arrest Iliroki, and not me, I have done nothing. Mr Ward : Then suppose Burgess or Kelly or anyjof those gang came into your house and said “ We have got a warrant against you, would you open the door. Witness : Yes. Then you would be in a very nice pickleHave you heard of Hiroki ? Witness: Yes. Would you imagine that a man assaulted in his house in that manner, near the scene of Hiroki’s murder, might actually be afraid of some consequence of murder ? Witness : No, I don’t think so. By Mr Kenah, J.P. : I had my big uniform coat on, but not my cap. Major Noake: If ho had not produced this glittering weapon, would you have considered it your duty to read this warrant ? ConstableMcPhccly, Waitotara, deposed: I accompanied Constable Burrow to execute the warrant. Barrow knocked at the door and demanded admittance in the name of the law. I went to (he window, and I sung out three times, “ Mrs Williamson, open the door ; wo are policeconstables holding a warrant for your husband’s apprehension. Don’t put us to the trouble of breaking open the door. It will be disagreeable to us as well as to you.” Constable Burrow then kicked the door open, and ho struck a match as he was going in at tho door. First thing I heard was two men scuffling on the ground. I went in as quickly as I could, and both were wrestling on the floor. I caught the defendant by the legs and pulled the two of them, outside. Then, after a great struggle, we handcuffed him. He resisted violently. Burrow procured a light and read the warrant. I saw the defendant striking at Burrow with his fist aud feet when I went inside. I was looking for the defendant two days on his own place, trying to execute the warrant before that date, aud I had been looking for him at Wanganui one day. Mr Ward : Had you the warrant with you when looking for him ? Witness : No, but I would have apprehended him if I had seen him, as I had seen tho warrant that was out for him. Is that the ordinary way in which you do your business as a constable ? Witness: Yes. We were each told off to catch him. Mr Ward : Did you tell them that Sunday night was the best time to catch the defendant? Witness: Yes. And you went on Sunday night ? Witness : Wc went ouMonday morning. After the arrest we dressed the prisoner while he was handcuffed. By Major Noake : I went twice previously to the house, and tried to persuade tlao wife on l>oth occasions to induce Ler husband to give himself up. Dr Croft : Constable Burrow came to my surgery on the morning of the 11th October, and I dressed a wound over the left eyebrow. It was an incised and contused wound, rather more than half an inch in length, and had caused considerable

swelling and a very black eye. I don’ think a blow witli the fist would make such a wound.

By Mr Ward : It must have been a hard blow, or might have been done by a fall. By the Bench : 1 think the wound was tho result of a very severe blow. Sergeant Donovan said that was the case for the prosecution. Mr Ward asked that the defendant bo allowed to give his own version of tho affair under the Act of 1857 for the farther admondtneni of the law of evidence) which permits a defendant in a summary case to give evidence. The Bench, after consideration, allowed this to be done. Francis Williamson deposed : On the night of the 11th I was in bed as usual at my own place. I was asleep, aud the first thing I heard was a voice saying “ Open the door in tho name of tho Lord or of tho law,” I. couldn’t be sure which, “or I’ll smash it in.” I turned over in bed, and before I could realise anything about it the door was smashed in. A man or two men rushed in and commenced beating me about the head. One appeared to have a whip and the other with his hands. I got a cut across the forehead. I jumped up in a moment and struck out too. I didn’t know who they were, but knew by their voices they wore white men. I struck with m}’ fist. If I could have got hold of anything I should have used it. I hit out in all directions. The men got me clown on the floor. I had nothing in my hand when I struck, hut if I had had time 1 would have had something. I didn’tknow hut they wore going to commit murder. One of them grappled with me, and the other was dragging me out by the feet. 1 had only my night-dress. My wife was screaming. I did not see any light. They handcuffed mo outside* and then Burrows said he had apprehended me, and I asked him to show his authoriiy. He got a bit of candle out of tho house and read the part which referred to me. I said I had not done anything, but was willing to go. I had to go to Wavcrlcy only partly dressed. McPheely knocked mo about while handcuffed out" side. Ho kicked me. The}’ left tho door smashed in, and would not lot my brother know so that he might fetch her. I hoard on three occasions that a summons was out for me. Mr Ward addressed the Bench for the defence. Upon a warrant which was not for the commission of a felony, tho constables had committed an outrage by breaking into tho defendant’s house at dead of night, and it was natural that a man attacked in his bed in that way should resist and strike his assailants, even if he knew they were constables. He asked confidently for a dismissal of the charge of unlawfully assaulting and resisting the police, on the ground that tho defendant was justified in doing what he did under the circumstances. The Magistrates retired, and after conferring twenty minutes, Major Noake said : This is a case of assault in which the Bench would be perfectly justified in sending you for trial at the Supremo Court ; but the Bench arc of opinion that it is and was an aggravated case of assault, aud I think you may thank the police in not framing their information under the head of assaulting the constable in the discharge of liis duty. You are aware that the police have a certain amount of duty which they arc compelled to do, and it is not right to resist a policeman in the discharge of his duty as though he were actuated by any other than a proper feeling in discharging his duty. Constables are not responsible foroiders they receive, but they are responsible for carrying them out properly. It is their duty to do so, and to do it irrespective of persons ; and there is nothing in the evidence to show that the constable in this instance did any other than his duty. The judgment of the Court is that you be fined £lO penalty, or in default two months’ imprisonment with hard labor, including costs.—Hie defendant paid £5, aud time was allowed to pay the remainder. The second case of assaulting Constable McPheely at the same time was adjourned to Friday ; also the claim for damage to officer’s clothing. LANDLORD AND TENANT. Simon Ryan, of Wanganui, was fined £5 and 9s costs for assaulting Mrs McCaulay , The defendant h ad gone to her house near Odgcrs’a Hotel, Patea, to demand rent, the house having been occupied 12 months without payment; but the defendant was intoxicated, and in the course of a violent quarrel he got bis face scratched, but was also very violent towards the woman.

Fainting in Church. —It seems strange at first sight, but not at all wonderful when wo come to look closely into the conditions and circumstances of the case, that fainting in church should bo a frequent occurrence, and in some congregations oven roaches the proportions of an epidemic. There can be no question that the ventilation of many churches and places of worship, which are wont to be crowded, is radically defective, and the vitiated atmosphere inevitably affects the weakly as a powerful depressant. It would almost seem that in some churches and chapels there should be rooms set apart for the retirement of those who contemplate fainting.— Lancet. Distress in Neav South Wales. —From an account recently published in the Sydney Morally/ Herald, it appears that the necessity for relieving the homeless and destitute has been more apparent in Sydney during the past winter, and even up to a recent date, than in Now Zealand. It appears that during the month of September no less than 2807 dinners were given, and a night’s lodging provided for 2011 homeless wanderers; that 33 persons were provided with situations of a permanent or temporary character,while many families had to bo supplied with provisions to take home, and several were recommended for free railway passes to the country, presumably in order to remove to a distance from the metropolis these melancholy evidences that all is not well in the social condition of the neighbouring colony.