HAWERA.

Taranaki Daily News, 27 July 1918, Page 118

HAWERA.

ASSAULTING A CONSTABLE. (from Our Own Correspondent.) Hawera, July 26. At the Magistrate's Court yesterday, a young nvan named George Fitzgerald was brought before Mr. W, R. Haselden, S.M-, on charg'e s of assaulting Constable Willotts while in the execution of his duty, with intent to prevent, the law/'ul arrest of himself, also with using scene language.

John Willeit, police constable, Hawera, deposed that on the evening of July 10 lie was on duty in Hawera- On the Kith inst, he saw accused in High Street, being in the company of three other men. When they were alrotrt half a chain away accused called out: 'Hero's Jock; how the h—l are you?" He called the accused back, and said: "Here, son, I wish to speak to you." Accused camo back, and witness said: "Don't you know that you must not speak to a constable in that manner in the street?" Accused replied saying that he would speak how and where lie pleased. Accused then used foul language towards him, and attempted to take off his coat. Witness caught him by the shoulder, and said: "I arrest you for using obscene language." Accused struggled-to get away, and also struck out at witness, who struggled with hint for a short time, and he attempted to put the handcuffs on accused, who caught hold of them and threw them along the street. At this time Mr- En-« glefield came to the assistance of witness, procured the. handcuffs, and witness laid accused on his back. While doing so accused struck him in the face several times, and witness put his knee on his chest and caught him ly the throat, after which he became quiet. After handcuffing accused, he lifted him to hi s feet and took him a short distance. Accused began to struggle, and threw himaeif on to the footpath; Witness was standing at his head, with a grip on the connecting-chain of the handcuffs. .For a short time he lay quite still; ma though he had decided to go quiefj'r ni the lock-up. Witness bent forward'n .- the accused to lift him on his leer When doing, so, he lifted his foot and kicked him in the right eye, which partly dazed him. Accused got on to his feet and slipped his right hand out of the 'cuffs. Witness caught him by the right hand, but accused wrenched himself clear and ran up the street- Witness was too dazed to follow him. Witness went and received medical attention. Six stitches were inserted in the wound, and he had been incapacitated for work ever since, and wast still under the care of a doctor.

To Mr. O'Dea: Did not remember having had words with accused outside trie Grid 12 months ago. Did not remeirfter ever having accused him of going into the Grid and telling them that the police were coming, and never offered to fight him over it. He (witness) would swear that he never offered to fight anyone in Hawera.

Mr- O'Dea: Did you ever offer to fight Sergeant-Major Reynolds, or had fisticuffs with him?

Witness: I came into contact with him oao night when a window was broken, but there was no talk of fight. Reynolds struck at him and knocked his hat off. Mr. O'Dea: Do you remember striking a man named Walker"?—l saw him there, but I don't think I struck him.

Mr. O'Dea: Do you deny striking Walker fair on the iaw? Be careful, now—There was a bit of a mix up, but he was fairly positive he did not strike Walker. Witness went home before the affair came to anything. Walker and Reynolds were then brought into court, and witness still denied hitting either of the men, and said that in the mix-up referred to it was Reynolds who struck Walker. He maae a swing-blow at witness, and it earned on and caught Walker.

Sir. O'Dea: Have you ever challenged Charlie Adams to fight?—No, he never talked fight.

Did you take off your coat in Leth aby's to fight him?— No.

Arc you in the habit of carrying a revolver?—l seldom carry one. Have you ever brandished it in a public place?—No, I can't say I have. Did you in the presence of Mr. Lethaby produce a revolver and say that you would not hesitate to use it, if necessary?—l don.'t recollect doing so.

Have you ever boosted that you could blow out a lighted candle across the street with your revolver?—No, I am not such a good shot as all that. Have you ever acted as a private detective in divorce cases in Hawera?—No.

Were you ever ducked or pushed in the Wanganul river?—No, that's false. The Inspector: Presuming that he was ducked, that would have no bearing on the present case. The Magistrate: Certainly not. Mr. O.'Dca: On the night that you arrested accused did you have a warrant for his arrest?— No.

Then what right had you to arrest him?—l consider I have the power under the Police Offences Act. Mr. O.'Dca submitted that the constable had no right to arrest accused without being in possession of a warrant. If so, no man was safe. The Magistrate: That is a matter of opinion.

V.r. O'Dea: Did the accused >:aj to you, "Take off Ihe handcuffs and I will go quietly?"—No, 1 don't remember him saying anything at all like that. Had you any drink that night?— No.

Had you any through the day ?—I may have had one; I am not a teetotaller. I never drink while in uniform,

Did you try to strangle accused? — Ye?. Well, that word is too severe, as it might he taken that I tried to kill him, which was not so.

Did you bump his head on the footpath?— Perhaps I did. Did you strike him?—No, not once. Stewart Englefield, milking machine agent,'Hawcra, corroborated the constable's evidence. To Mr. O'Dea: Had accused been swearing most of the time he (witness) must have heard some of it. Did not see him take deliberate aim at the constable.

Inspector Hendry: Was the constable making an honesfcjfattempt to take the man to the station quietly?— Yes. Evidence was given by Senior-Sergeant Till to the effect that Constable YVilletts was quite sober on the evening of the IGUj, as he had been in tie office at 9.30.

Dr. Sloan, Hawera, gave evidence as to having attended Constable Willetts. It would be a fortnight yet before tile constable would be fit to resume his duties.

[ This «lcf}*l thus evidence for the prose'

Mr. O.'Dea said that he proposed to eal! evidence to prove that the kick received by the constable was accidental, also that the arrest was illegal and that accused was entitled to resist.

The Magistrate said there were certain circumstances in the case which had assumed an importance which he did not at first think it would attain, There were certain important issues involved —the constable's actions and methods, his power of arrest, etc., and the case would have to go to the Supreme Court.

Mr. O'Dea said that in the face of his Worship's remarks iie would not call any evidence, but would reserve his dofence

Accused pleaded not guilty, and was committed for trial at the next fittings of the Supreme Court at Xew Plymouth.

Bail was fixed at accused in the sum of £SO and two sureties of £25 each.