A STRANGE CASE.

Temuka Leader, Issue 1594, 14 June 1887, Page 3

A STRANGE CASE.

At the Resident Magistrate’s Court, Ashburton, yesterday, before H, C. S. Baddeley, Esq., 8.M., an insurance agent named Thomas Gallagher was charged (X) with having been guilty of disorderly con* duct while drunk in Bast street; (2) with having resisted Constable Smart in the execution of bis duty, and (3) with having damaged Constable Smart’s uniform to the extent of 10a 6d.

Sergeant Felton conducted the prose' cation, and Inspector Brohatn was also present. Mr Culhbertson appeared for the ac* cused, arid Mr Crisp appeared to watch the case on behalf of a client.

The following is condensed from the report given in the Ashburton Guardian : Constable Smart said that on the afternoon of 30'h May he was on duty at the railway station. The accufgd came there about 5.30 p.m. He spoke k witness. Witness saw he was drunk and warned him to go away. Witness was going down East .street shortly afterwards, when the defendant oame up and commenced saying in a loud tone of vojee that he would make it hot for witness and so forth. Witne>s ultimately arrested him. Defendant walked about ten yards and ,theu made a sudden bound, trying to throw witness, but witness threw him. With the assistance of a bystander witness handcuffed him, and ultimately got him into a cab. In a struggle the accused fell ' into the water channel. At the station yard, when witness was going to lock the accused up, he threw threw himself down and witness had to carry him in. Shortly afterwards witness and the Sergeant of Police, went to see the defendant, who then made use of very bad language towards them. He tried to get outside and (to strike witness and the Sergeant. The defendant made a great deal of noise. In cross-examination the witness denied ill.using or swearing at the appused. Sergeant Fulton deposed to seeing the accused in the lockrUp, and b o li® Vo d him to be mad drank. He was swearing terribly, and when he Constable Smart went into the look-up »b 8 accused attempted to bit tham.

R. Denr, ilobt. Murray, Win Sparrow, and J. Porch use were called for the prosecution, and deposed lo seeing the accused at the time of the arroat or immediately after. All considered him drunk, and did not think he was treated more ronghly than was necessary. For the defence ,

Co ;i «fabli* Coffey said that on May 30th the accused was brought to the polios station. Witness was in the dining-room at the time, and when he came out Gallagher was lying on the ground calling out for protection.- He seemed to have been ! either thrown or fallen out of the cab. It was impossible to sav that Gallagher was drunk. He might have had a glass or two during the day, but ho was not •drunk. Ho was, however, very much excited., Constable Smart’s shako and uniform were not damaged, Gallagher called out to witness not to see him illtreated. He asked ilmt Dr Lathy might lie sent for lo bail him out. Witness helped Gallagher to his feet, when Smart threw himdown again. Gallagher said, “ Th«t is cruel,” and sang out for mercy. Gnllanher was then taken to the watch--1 and Smart searched him very roughiy. Smart did not look for any money ; he said “ the,-—— had none.” Gallagher asked that the charges might be entered, that he might bo bailed out. Smart replied, “ No, you ——we wont; now we have got you here we will keep you." When searching Gallagher, Smart came across a pair ot eyeglasses and said, “Fancy the—— skunk wearing eyeglasses,” and at the same time struck him with his hand in the face. Gallagher at this time had the handcuffs on. The man was very quiet and never resisted. Tlie handcuffs were taken off in the cell. When Smart took the handcuffs off he raised them and threatened to dash “ the brains out.” Gallagher replied, “ Isn’t it cruel, Coffey, will you see me knocked about like this 1” During the night Gallagher was not very noisy. He saoa out for Dr Leahy, because that gentleman was outside. He made use of no bad language. When the handcuffs we’-a taken off Gallagher asked to be bailed out again, but Smart replied to the same effect as previously. Gallagher threatened to haul Smart over the onals for it, and to report him to the Inspector of Police. When Gallagher had been locked up Smart said to witness, “ Don’t go near the ; let him rip." About 6.30 the charges were entered against Gallagher. Witness went with Smart lo give Gallagher blankets. He was quite sober, he asked to be bailed out, and Smart again made a smilar reply to the request as he had done previously. Gallagher was let out about half past seven or eight next morning. When he was locked no, witness and Constable Smart wore Lie only persons present.

In cross-examination the witness swore that he had not conversed with the accused since the street. When the man vwiH ill-treated witness did not make a report to the Sergeant because he was half frightened himself, being a new man in the place. When Gallagher called out for Dr Leahy witness did not thick it his place to ask leave to go for the doctor. He told the Sergeant nothing about the matter as he thought he knew all abbot it. In re-examination the witness said that prior to the arrest he had heard Smart call Gallagher a “low skunk, ” and he seemed to have a down on him owing to a scarf.

Dr Leaby saw the accused at the ex* press, arid he was not druok, but bad had some liquor. J. G. Rested and John Riston saw the accused just before the arrest, and be appeared to be perfectly sober, Y. Olsen said the arresting constable treated the man with great roughness, and rolled him in the’gutter. He (witness) remonstrated with the Constable. The accused gave evidence at great length, detailing the ill usage to which he alleged he was subjected. He swore ha had only had two glasses of beer on the day in: question and was not noisy when arrested.

The Resident Magistrate inflicted a fine of 40s and costs for drunkenness, and a similar penally was imposed for resisting the police. A request that the fine might be made £5, so that an appeal might be lodged, was refused.