Charge of Asaault.

Taranaki Daily News, Volume XLVI, Issue 182, 5 August 1904, Page 4

Charge of Asaault.

Yesterday morning in the Police Court Mr T. ..utch.son, S.M., tool evidence iu w . Ueorgt. Loyle of causing actual bodi I.V harm to Consto-bls Ueorge ttusSell. Air Kerr (Messrs Standlsh and Kerr) conducted 111.' prosecution, and auer renewing tile .acts to be elicited, called (icorge Russell, constable stationed in .New Plymouth, u4,0 said that at uwiil lour o'clock iu the afternoon 01 the l-lih of July ,„„ urieskd ihe licensed for drunkenness ~, the , )üb . sago outside Ule Cikvrioii Hotel lie Had been sunt lor from i,l w | lole i. Ac . cused, when the witness armed, w u s us.ng bad language towauls the people m the house, Ulld Wttg drmik ihe actusvd threw himself on Uic gioimd, when IMcctive Benjamin anu witness endeavoured to hundciili him A cab was called, tt ud thev endeavoured to put the man iu the call Accused, calling witness nv name' threattned him with bodily injurv' 1 hey got him partly in the t . a |,, a ,', cl then .lie hit witness on the light wrist and forefinger of the left hand. Witiirtts was again threatened, mi<| the accused then caught him |, v hj s Jirivate person, liandiiiig him* very severely. As an immediate result witness wus in great pain and rcnderul quite unlit for the periormance oi his duty. He almost fainted. Ho waived home as soon as he could on the doctor's advice. He had been al ever since, in bed for fifteen day ■and wus still in the doctor's hands' i.e still sulleiod considerable pain, -■he injury hud seriously interfered with his lieaMh and comtort. To the accused : After receiving the injury i went with a prisoner to the railway station. I saw the doctor about an hour after the assault. I was not in any hotel that day i had no drink in the private room iu the l'aranaki Hotel. You did not yourself shout for me at half-past one o clock, or at any time that day i was was in the Criterion Hotel but omy to assist the licensee to get Coyle oil the premises. 1 swear l was not in the ladies' waiting-room of the ia.anaki Hotel that day at the time before mentioned Reexamined b y Mr Kerr • After the allray 1 was i„fWi„ g u „ jj t ,^t, ve Benjamin and the prisoner on the way to the I>o ;ice station, when 1 met the sergeant and another nriaoner. He ordered me to tat. the prisoner to the railway station. I made no statement to the sergeant about what had happened, or about as ordered to Sentry Hill, h anded hini over to another constable, and eturncd to New Plymouth by the tram due here at 5.27 p.m. , went to the police station, reported my condition, and went to !)• C McC eland. All this time I was in terrible pain. '

house \^ h ' Dr - McCleiland's house is about 300 or 4uu yards from the station, and my house a similar distance away. The T -ry i showed to the m* tor *L tt wlury accused did to me Hugh A. McClelond, duly registerluT Cal otVeTfiyCm h ' B Smd h 0 remembered Conu July last. He could see that «»..him, and found injuries on ,"" private person. Suspecting t hat 2 oe able to es,une dutv"? "'° UW " 0t week. The man I ? , °'' anothel ' Jo the accused- it »,,» ■ tWquarters of „ l \Z VoTT -Wry to Kussell's ** th < "it li ™>* mi » IMVe evidence that about lour o'clock on the at toinoon in question hl , past tile Criterion Hotel. Constable tlussel was stjuMiing 0a the, pavement Accused was in tne miudle of the street, unuer the influence of drink and waving his arms about. Called out to him to get olf the street. Accused came over to the pavement ami said " Wliat did you say ?" Witness caught him by the snoulder ami wu ••ill airest you lor being drunk " Constable Kus.-.eil then caught luiu by the oilier shoulder. Coyle then threw himself down on his back o ii the pavement. Witness'and the coistable then lifted him up, and witness beckoned to Honeyfield'a fab-driveo. who brought his oab (bo the ramS 'M«t. They got Coyle to the cab, on his face, between ths two seats. The accused cesigS and wiuieas sou me ,„!,., ™ m>w » round to the other side of thVvemce to pull him in. Accused tlw turned on his back, with bis led

S'"« ,rom "'« 'rtoor. Constant "Mbcll waßonhi«kiut*m thecal,, and witness Has tlymg l(J ,( Loyles legs inside to snui the door ne kicked violently. \,j mt , ss h[ nothing of whut «as going on between Lo.vle and tlie constable then rtitatj* WH - Nonstable Kusseil ha the accused two blows on the head with his hat. 'llu: constable then tried to handcuff iue prisoner, but the latter seized the handcuffs and run-' ucrod this impossible. Uoyle tried to bite the constable on the hand, but uitiiesu pulled his head back! rtitness said " Will y ou go qulet . 'J' V ' The prisoner answered " i won't go in une cab." ■• Will you go quietly il' 1 let you out of it ?" Coyle, and he then walked quietly to Oie police station with witness lhe next'day the accused pleaded guilty to the charge of drunkenness, un which he had been arrested. Heard Coyle abusing Kusseil. He seemed to have an edge on Kusseil." Lould not say why the constable hit the prisoner.

J lie Magistrate : Neither can J Witness continued: Kusseil was not in the habit oi ill-treating ,„f_ To the prisoner : I was the firsi I '"a-to handle you. The constat was landing h. v . Vou wcr( / ]^ mg a noi.se in th„ , stm . ti uml "™ voTl'n g "" le aWaV wh ™ ' t°M always using. ' " a "' To the ilench : ,U U ., witness prevented the accused ,-,• ntZv L constable UK ,e wa S no I'urthe '„■ - •tW ol'iiohm,. from\™ 'ol wart* Kusseil. Jlc ,»^£ the expression. . Ooiisr.M.. i «" *<l"ot,o,lowhim wen L'oyle give irouble t „ ~.'!'„ or four policemen.

I Accused : You m , V( ,,. ( , j(| Witness: Yes 1 did, «t 11,,,'. |.. lIlll( .,. ston races. '" Accusal : You weren't there Witness: lh,t J wus , IUK , lhe JVnch: That is 100 far l mc k Wo want t,, get („ the point Witness continuing : l„ , to ~., tune I.saw the constable strike the prisoner I was i OI) i,„ HV , 0 ' what was going on in'the •■■,!) ' •Mr Kerr asked leave i (J " ,-'. 11 Constable Itussell „„ „ le |loint " conflicting evidence as ,„ 1 he tin of the assault as related to the constable striking the prisoner. fa r 't„ ,f , '' aU ' Sai<J il »'«"» Ml '«" to the prisoner. Air Kerr said he had never had inch a,, application refused before llw Magistrate: You'll know what to expect in the future, Mr Kerr : , Reall y. your Worship, this has taken me by surprise The Magistrate: By surprise")

Surely not, you were 'briefed ? Knew what the witnesses were going to slay, eh ? Mr Kerr said this was a magisterial rmjuiry to elidt facts. The Magistrate refused to grant the application. The accused would have to be committed for trial, and the matter argued before a jury.' It would lie unfair to cull a witness who had heard subsequent evidence to clear up discrepancies in his own. lie saw no reason to <le|.art from the rule.

I/ivdmck Stohr, borougih inspector, who was present when the accused was arrested in Devon-stroot. said lie saw Constable ltussell bring Coyle out from the Criterion Hotel, and oitfer him to go away. The accused went across the street, leuned against a post, and commenced muttering something. He then came back into the middle of the road and commenced shouting loudly, appaicntly to Constable Russell and Detective Benjamin. The latter told him VQ'go away, but accused kept on calling out. They then arrested him en the footpath, the accused throwing himself on his back. A cab was hailed, and the arresting officers tr.ed to push him into the cab. They partly succeeded, and then the constable went round to the other side of the cab, and tried to pull him further in. Russell got inside the cab. The detective could not shut the door, a s accused had his lingers in the way. Witness pulled the lingers away so that they could not be hurt, and with his assistance the door was nearly closed. Witness called out to the detective; to open the door a bit, as it was jambing bis lingers. This was done. Looking into thecal. witness saw Coyle open his mouth and almost close his teeth on Russell's wrist, when he was prevented by the detective. Afterwards the prisoner went away quietly to the police station with the detective. When Coyle tried to bit* the constable, witness struck him in | tiro face. Hnssell hit him twice after that.

[ lotheitcTich: It was posraWe that other tilings might have taken placs without witness seeing. The handcuffs were not produced till after the biting incident. Witness heard no expressions used in the call. Saw no assault, and heard no threats by the prisoner. Jt might, however, have occurred. Uussell followed tho detective and his prisoner un tha street. To the prisoner: Russell was not Hussell, except that you tried to h.teinm. I l Wa rcl no bad language, live accused pleaded guilty a , ld . was comnattcd to Auckland for sentence.