INCIDENT IN TRAIN.

Shannon News, 24 March 1922, Page 4

INCIDENT IN TRAIN.

FIVE CHARGES PREFERRED

Mr J. L. Stout, S.M., presided over Wednesday’s sitting of the Palmerston Magistrate’s Court.

Tnnotliy O’Regan was charged with wdiuliy breaking a pane oi glass on the Palmerston North-Weflington train on March 11, (2) disorderly conduct while under the influence oi liquor,. (3) assaulting Frederick Satherley, (4) using obscene language, and (5) resisting. Constables McGregor and Shannon in the execution oi their duty.

Accused pleaded not guilty to oil five charges. Mr Oram conducted the defence.

Richard Kerr,, railway guard, said he was in charge of the train on which accused was travelling. Between Linton and Tokomaru he went to the carriage and lound accused lying on a seat on top oi a man, with his teeth in the man’s ear. He had also broken a window, and refused to pay for it at first. Later he said he would “square up.”

Leonard Smith, Tokomaru, said he was a passenger on the train. He'-was speaking to Satherley, when accused “launched out” at him, but missed and his fist went through the window. Witness then left the carriage. Re saw no actual assault on Satherley. Constable'McGregor stated that, in company with Constable Shannon, he arrested accused at the Shannon railway station. He went to assault the guard, but witness stopped him, and he walked a few steps, when he suddenly turned in a fighting attitude towards witness and his companion. He had to be thrown, and he struggled violently and kept, biting witness’s hands. He was eventually handcuffed and taken to the police station where he used the language complained of. To Mr Oram: Witness did not bang accused’s head on the ground. He did not know accused's head was injured. Accused was drunk —unsteady on his feet and maudlin.

To Senior-Sergeant Fraser: Accused fought viciously, but only sufiiciem force was used to overcome him. Witness saw teeth marks in Satherley’s

Constable Shannon corroborated the evidence of the previous witness.

' John Bruce Gordon, clerk at the Shannon railway station, stated thai he saw the. accused arrested. Accused said “No,” when asked to go to the police station, and buttoned up his coat, raising his. hands in an attitude of fight. He did not see the constables bump accused on the ground. Accused was drunk, and was trying to bite the constables. To Mr Oram: Witness did not talk over the matter with Constable McGregor. He merely gave a statement. Mr Oram said that the police had stated that people had to leave the carriage because of the disturbance, but no evidence had been presented to show that.

The Magistrate: I am not worrying whether people had to leave the carriage or not. Smith left the carriage not because of what he saw, but because there might be trouble. Accused, giving evidence, stated that he was returning home on March 11. He did not know whether he broke the window or not.

The Magistrate said that if the window was broken in a struggle between two men, then they both broke it.

Continuing, accused said he had offered to pay the damage afterwards. .Constable McGregor did not ask witness to go to the police station. He was putting his bicycle and luggage down, when the constables twirled him round and he fell on the ground. He asked them “for God’s sake, to give him a chance.” He did not member much after that. His head was sore for two or three days, and he consulted a doctor, who _ ordered him to the hospital, where he had been ever since. He did not remember using the language submitted.

To Senior-Sergeant Fraser: He did not bite Satherley’s ear. He was not drunk, although he had had a few drinks. The. constables bumped his head twice on the ground. McGregor caught him by the back of the neck and bumped his forehead. He had gone to the hospital, but beyond having his head X-rayed, no treatment had been given him. A man named Porter went with him (accused) to interview one of the porters on the station regarding the trouble.

Accused, continuing his evidence, denied that he heard it said by some people he spoke to' that they “would soon fix McGregor.” ft was true that he had assaulted a man who had to have three stitches put in his mouth. He had not assaulted a minister in Shannon.

Charles Edgar Johns, Makerua, said he was on the train in question. O’Regan was not drunk. Witness did not see the window broken.

Eugene George Copeley stated tha.t he saw accused put his bicycle against

a post and his parcels on the ground. Constable McGregor then caught hold of accused as the was rising after putting down, and threw him on the ground. He caught accused by the neck and bumped his head on the asphalt. They took him away then. Accused was not drunk, in the opinion qf witness. To Senior-Sergeant- Fraser: Accused had evidently had a few drinks. The Magistrate said that there was no doubt that, accused had used the language, and no doubt that he was drunk. If there had been any damage done to his head the hospital would have supplied evidence. Any bump accused got was through his resistance of the constables. Accused was dealt with on the various charges as follows: (1) Convicted and ordered to pay costs and damages 12/ and 12/6; (2) fined £1 and costs 2/, witnesses’ expenses £1 19/; (3) convicted and discharged; (4) fined £2; (5) fined £2 and costs 2/, witnesses’ expenses 16/5. BREACH OF PROHIBITION.

Joseph Hannon, of Shannon, charged with a breach of his prohibition order, failed to appear. He was fined £2 and costs 7/.