CONSTABLE AND PRISONER.

Taranaki Daily News, Volume LVI, Issue 69, 11 August 1914, Page 2

CONSTABLE AND PRISONER.

CHARGE OF ASSAULT. A SELF-APPOINTED ADVOCATE. Some amusement was created in the Magistrate's Court, New Plymouth, yesterday, during the hearing of the case against John Joseph Larkin, who was arraigned, on thTec charges. Accused pleaded guilty to having been found drunk in Silver Street on Sunday and acknowledged two previous convictions in the last six months. He pleaded not guilty to a charge of having used obscene language and of assaulting the constable in the execution of his duty. The accused appeared in the dock looking somewhat the worse for wear, and with a badly scarred face. Constable O'Neill gave evidence as to arrest in Silver street, stating that accused violently resisted arrest, striking him over the eye and kicking him. Accused: When you got me into the passage at . the station did you not strike me twice on the face and hit me when I was on the floor? The constable: Never. Accused: You did! John Edward Cameron, who witnessed the arrc'st, corroborated the constable's evidence. Accused. The constable would not let me get up from the ground. Witness: That is not true. You said | you would not get up. I saw the con- . stable take you into the station and j he did not strike you. 1 Voice (from the back of the Court): | Can I speak a word for the prisoner? Senr.-Sergt. Haddrell gave evidence as j to seeing 'the accused brought into the i watchhouse. Both accused and the con- ( stable were marked about the face. Accused was "fighting drunk." John Mcintosh, the owner of the aforesaid voice, then elected to give evidence on behalf of the prisoner, and launched on a rapid harangue. "We are chums, you know," he remarked in a confidential tone. "This gentleman in the box came to my house on Sunday lid 'rousted' me out. <f could see he had bad a couple of drinks, so I tried to get 'him out of the town. We met another man, who was drunk. He is an ex-navy man, and this war is enough

to make him drunk, but he— His Worship: Go on. Never mind about that. Witness: You wait a bit. I didn't see him arrested, but I will summon witness to say that he was knocked about. You can toll that M' bis face. He couldn't do that himself. 1 His Worship, when he could get in a word, remarked that witness was not acting as solicitor and must curb his; eloquence. Witness, impatiently: Lor-love-a-duck, can't a man say a word for a elium! He would do the same for me. Give him a chance. His Worship. Do you wish to call witnesses. l.arkin? Accused: Yes, 'but I don't know who. I did not intend to bring any. I did not see anyone there. Witness: That, man could not see who was there. He was half tight. I know them. Thev are working on — llis Worship: .1 must ask you not'to interrupt. Finally the case was adjourned until ' n.m. lo allow witnesses to be called. When the ease was resumed, Mr A. EI. .Toluistone appeared on behalf of the accused. The proceedings were punctuated by outbursts from the accused's friend of the morning, who was subsequently escorted to tile door by the constable. Mr Johnstone said that he could call no evidence relative to the charge of assault by accused on the constable, though it might be relevant as to an assault on accused by the police. He drew attention to the fact that the accused's face was severely marked. His Worship remarked that this might i have been merely the result of contact with the ground. Mr Johnstone contiirvd that he would say nothing at this s'.ige to reflect on the police, but would point out that the i constable bore rio marks. Sergt. Haddrell said he would call evidence that accused 'had been previously fighting and. got marked. Sydney Whelan, driver of the Breakwater 'bus, deposed that at about 2.10 p.m. on Sunday, accused got aboard his 'bus in an intoxicated condition, and ho eventually telephoned for a constable to remove him. He had then one mark on his forehead. He walked ouietly away from the bus when requested to Constable O'Neill, and it was later on that he apparently got into trouble. Mr Johnstone remarked that the as. eault on the constable was trivial and only what in the course of his occupation he might expect. He was not condoning the offence in any way. Accused had been seriously knoeekd about. Ho was an ex-navy man, had volunteered for active service, and the war fever had been too much for him. He was prohibited, but had been given drink by someone more capable than himself. Constable O'Neill then gave evidence as to the use of obscene language bv accused. To Mr Johnstone: He said that he did not lose his temper with the man. His face was injured from contact with the ground, during the struggle. Accused continually fell down with the witness on top of him. Mr Johnstone: You used some force to make that contact with the ground? Witness: No. Mr Johnstone: W-']]. in all my experience, I have never seen a man come

from the - colls like this. How many times did his lace hit the ground? Witness: Four or five times. He hit me a severe and unexpected blow on the left eye. Mr Jo'hristoue: And meantime accused has sustained a severe blow on the right eye. Witness: I did not strike him. Mr Johnstone: Well that is your account. We mny hear more of it later. Gilbert Charles Thornton, of the Lands and Survey Department, who saw the arrest, gave corroborative evidence. Accused kicked and punched the constable who had to use force. He would not otherwise have had to use it. The constable tried to get a grip on to, the accused, and to do so had to catch hold of his face. When witness arrived om the scene, accused's face was covered with blood. He described the language used. He saw the constable take the 'tccused into the station. He had to pull him along the floor and accused took hold of a form. Leslie A. Way gave similar evidenc;. The marks, on accused's face came from the gravel. The constable tried to turn accused's head round to put a wrestling grip on him. 'Mr Johnstone contended that the constable had used a very undue amount of force. He should have gone for assistance. Hig Worship: No doubt that would have been bettor, but he would not want to admit that he was beaten. Sergt. Haddrell: I doubt if he could have got assistance then. | Mr Johnstone: No man should coine ; from tbe police cells like that; * Sergt. Haddrell: The man is a pest to the town. I Mr Johnstone: He will go away with the soldiers if tliev will take him. j His Worship: I'doubt if they will. | Finally, accused was fined £l, in det fault 14 days' imprisonment for drunkenj ness, 10s or seven days for assault, and £2, or one month for using obscene lan- | guage. Costs 23s were added, and he was allowed fourteen days in which to pay the fine.