RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2450, 12 January 1893, Page 4

RESIDENT MAGISTRATE'S COURT.

GrERALDINE—TUESDAY, JANUARY lOth. [Before C. A. Wray, Esq.. R.M., W. M. Moore, and H. W. Moore, JP's. ALLEGED BREACH OF THE POLICE 11EGULATIONS ACT. Constable Wm, Willoughby was charged under the Police Regulations Act, Section 63, with using unnecessary violence while arresting a man named Alexander Johnston. Detective Livingstone conducted the prosecution, and said that on the 10th of last month Constable Willoughby arrested a man named Johnston, and while on the way to the lock-up was noticed by some of the public to abuse the man. Someone wrote to the Inspector of Police, and the Inspector laid the present charge against the constable. Beecham R. Macdonald, sheep-farmer, Geraldine, remembered seeing Constable Willoughby make an arrest on the 10th of last month. The man, who was not sober, and who was unfit to have the care of horses, had capsized his cart on the riverbed crossing opposite the saleyards. Several people were present at the time. When witness arrived the man had righted the cart and horses, and was going to drive them, but the constable said " Mo," and gave the horses in charge of another man, and told the driver to go to the police station with him. The man said ho would not go, and the constable called a man named Lawson to assist him, and they pushed him before them, and tried to take him over a narrow plank bridge. The man refused to go, and they pushed him along. When he got to the plauk he would not cross. The constable grappled with him round the waist and threw him, both falling together; the driver below. The man then tried to get up, and the constable caught him by the throat. Witness asked the constable why he did not put the " darbies " on, and he said " I have not got them." Witness then offered to get them, and went and got the " grips." Could not get the handcuffs. When he got back the man was lying on the shingle with his arms tied at the elbows behind his back. Gave the constable the "grips," and he clasped them on one wrist of the man, and got him up. Taking hold of the other side of the "grips" he said "Now come along," and tried to pull after him, but the man fell down. The constable then said "If you wont come that way you will come this." He then dragged him into the river by the " grips." When they got through the main stream the constable missed his footing and fell. Getting up again he dragged the man through the remainder of the river, got him up, and walked him to the station. The man went quietly then. Thought the man falling was more attributable to the fact of the constable pulling him, than to the man throwing himself down. The constable might have done it intentionally ; could not say that ho did. AVhen he threw the man at the plank they had no conversation ; the constable threw him simply because he would not cross the plank. The water was three or four inches deep, and was rapid. There was no necessity to drag the man through the river, as the man could have been carried across, and there were plenty of men about to assist if asked to do so. The man was quite capable of walking across the plank—although the drink che man had in him, and the fall from the cart, had made him somewhat stupid, but not drunk. The man was tired, and not being able to use his hands, fell in the river, and no assistance or time were given him to get on his feet, again, but he was dragged through the river for about seven or eight yards. Could not say that the man suffered much, but was certain unncessary violence had been used.

To Mr White : Reported the matter to the Inspector, from which the present proceedings were taken. Could not say that he reported that the man was unhurt or told the inspector so. Up till the time they reached the plauk things went smoothly. They were both off the plank when the constable grappled with the man. While on the plank the man was lying back and might have turned round and faced the constable, but no undue violence was used on the plank. The constable and the man both fell off tho plank together, and the constable grappled and the man was struggling in che usaal way, but was not trying to kick the constable, and could not do so in the position he was in. Thought it best for the man's sake as well as for the constable's that he should be handcuffed. The constable did not have to take hold of his man in self-defence. If the man had gone quietly, did not think the trouble would have arisen. The constable lost his temper—could see that by the way he took the man by the throat. The constable did not use any violent language. To the bench : The man was not big, and the constable, with the assistance of Lawson, could have carried him or put him in a cart. The whole thing happened through the man's obstinacy in not trying to walk and the constable not being patient enough with him. James Stringer, blacksmith, remembered seeing the arrest of the man Johnstone. He had seen Johnstone since the affair, but ho made no complaints to witness about any violenco ho had received at the hands of the constable.

Wilfred Lawson, butcher, Geraldine : Went with others to help to right Johnstone's dray in the river bed. (i -table Willoughby was helping. The '. 4 aud said he did man turner «»>.«'i v- v_ v not want any poi^ mail *° >f wuh him. Subsequently he use* ba '\^3 and ;abused the constable, who ."*''•

"If that's the way you carry on I'll .'ivrest you." The constable then ararrested Johnstone and asked witness to assist with h'm to the lock-up. Witness took-one arm and the constable iook the other, and when they got to the plank the man threw himself down and said," No, twenty policeman shill not take me." Constable Wiiloughby then with a strap attempted to secure the man's arms behind his back. The man struggled to got away and put his foot up between the constable's legs to throw him. Failing this lie got hold of a boulder and tried to make use of it by " brainin<j" the constable, bat witness relieved him of it. The constable got the man by the collar to keep him down. Mr Macdonald was present and went for the handcuffs. The man was secured in the meantime and left lying on the shingle till Mr Macdonald came with a " grip." The constable adjusted the " grip." put the man on his feet, and asked him to como along, but the man threw himself down again. Willoughby then said "If you won't walk you must come through the river," and dragged him through on his back. When he got across he was put on his feet and walked quietly. The man might have walked across if he liked. Considered that the constable had provocation enough to lose his temper. The man did not complai <i of being dragged through the river. He was unfit to take j charge of horses and had an accident in the river through bad driving. Did not sos Constable Willoughby use unnecessary I

violence to the man, but believed he did his best to get the man across quietly. Did not consider that the man was illtreated by the constable. Saw no mark of injury on the man. He complained of being wet, and Mr Willoughby gave him dry clothes. Did not consider that the constable exceeded his duties in making the arrest. There would be about 4 or 5 inches of water in the river. Tbere were enough persons present to have carried the man at the risk of being kicked by him. Wm. K. Macdonald, sheep farmer, saw the arrest in question. Saw the constable unnecessarily squeeze the man on the throat. Did not think the man had time to refuse to go, the second time he fell he simply tripped. Did not hear him refuse to go the first time he fell. He might have done so. Thought he could have walked across the plank.

To Mr White : Did not notice the man at all violent before he wad arrested. Did not hear him use any violent language, and did not see him violent after arrest. The arrest was made more than twenty yards from the plank, and the man kept holding his head, and body, and back. Did not see him take a boulder in his hand or try to kick the constable. He could not do this without wituess seeing him. Up to the time of the first fall the constable used no violence, then the man wa3 on his face and the constable was kneeling on his back, and with his hand on the man's throat was squeezing him down to the ground. F. Wilson Smith, solicitor, was present at the arrest of Johnstone. Considered that the constable used unnecessary violence. The man was tired, and appeared to be lurching at the brink of the river. The Constable dragged the man by one wrist through the river, about ten yards distance. Found "out afterwards that the man was not hurt, but witness would not have desired to be dragged in the same way. In build the man was short and heavy, but there were people present who would have carried him if asked. If there was any struggle on the man's part it was a very gentle one. To Mr White: The man was not drunk enough to prevent his walking across the river. R. H. Pearpoint, J.P., gave evidence to the man having pleaded guilty before him on a charge of drunkenness. Martin Burke, farmer : Saw the arrest, but was not near enough to give a reliable account of it. Detective Livingstone said that Constable Willoughby had been in the New Zealand Police Force for 22 years on continual service, and the present was the first charge that had ever been brought against him. Mr White said that in justice to Mr Willoughby, seeing he had been in the force for 22 years, his statement as to what took place should be heard. Constable Wm. Willoughby deposed that seeing a crowd of people on the riverbed on December 10th ho went down and found a man named Johnstone, an employee of Mr Tripp, with his dray upset. Mr B. R. Macdonald informed witness that the capsize was caused by too hard driving round the bend in the road. Johnstone punched the horse in his presence, and witness said " I shall have to arrest you for punching the horse and being unfit to take charge of the team." When witness spoke about the punching of the horse Mr Macdonald said " you should have been here when he kicked it." Witness took the dray and things away from Johnstone for the sake of Mr Tripp, and handed them over to an experienced driver, and told the man to go with him to the lock-up. Got Lawson to take one arm to see that he went quietly. On reaching the plank crossing the man turned round and refused to go. There was no room to struggle, and witness and the man came down together and grappled. Messrs Macdonald were quite correct in saying he put his hand on the man's throat and pressed him there pretty hard. He was compelled to do it. for the reason that the man had every muscle in his body strained to master witness. It took all of witness' strength to overcome the man. and if he had not had the assistance of Mr Lawson he would certainly have got the worst of it. Witness used the " grips " on the man in the ordinary way. He could not say whether the man threw himself down or fell. Witness did not throw him down. The boulders all round were very slippery and witness slipped down himself. He did not think it right to ask any decent people to help in carrying such a man aerG3s the river because he might have kicked them, The man was not hurt in the least, and witness asked Mr Smith to see for himself after the man was locked up, but he refused. The man never aia.de any complaints since, but had made the boast that the last time he was locked up it took five policemen to do it. Witness had been, twenty-two years in the force, and never had a like case before. The man growled about being wet, and witness gave him dry clothes. To the Bench : The man was as strong as a horse, and the " grips " did not make an impression on his wrist, and there was no danger of breaking his arm. He dragged the man about seven or twelve yards across the stream.

This closed the case, and the Court adjourned for fifteen minutes, while the Bench deliberated on it.

I On resuming thg Bench acquitted the [ accused of any misconduct, and dismissed the information. It seemed to them, however, that Ihore j.iad been an error in judgment on tho constable's part in not I calli"g ou others to help him to got the man across the river with less force than had been used. .4 FAMILY TROUBLE. .ioliu A- i;|uiiin w&s charged that he did 'MH&i oi December hist, assault 011 the - ..-nd threaten to kill he*, Mary B. Quinn, .. - a „ d violent ftuifl and burn her house, ana abusive threats to her. Mr F. Wilson Smith appeared for Mrs Quinn, the informant. A further charge was made by the police against accused for breaking a number of window panes, and a door, the property of Mary B. Quinn. Both cases were heard as one.

Mr Smith said the parties concerned had beeu married about 12 years, and dui-ing a period of at least i)i;ie years prosecutor had been subject to cruel illtreatment.it the hands of accused. She had had to support three children for at least two or three years, and Quinn had practically done nothing to help her. Mary B. Quinn, wife of accused, deposed that she had been married 12 years, and during that time had often cause of complaint against her husband. He came home on Christmas eve, after an absence of a month, and was driuking all day Sunday and Monday. She was speaking to some friends in her sittingroom on Monday, when he came through and cursed and swore, and called her into the kitchen, and there knock-id her down and threatened to kill her. Witness got away from him and ran over to Mr McCaskey's studio, and her husband followed her and gave her a black eye. Sho never saw him again till the following Saturday, when he came home. Witness locked, the doors, and said she would not

have him in the house again. The house is witness's own property. Accused then turned her cows out of the paddock, went and got more drink, and then came home and smashed nine panes of glass in her windows and two panes in a door. She then gave him in charge. Several times during the last few years she had received similar treatment, but time after time she had forgiven her husband. When sober he never touched her, but when in drink he was very violent—perfectly mad—and she was then afraid he would do her some serious injury.

George Andrews, Ashburton, said he had known plaintiff from childhood, and with his brother called on her about four o'clock on the 26th December. Accused came in and plaintiff spoke very nicely to him, but he cursed, and said he never was worthy to be introduced to her friends. He then called her into the kitchen and struck her on the face several times and threatened to kill her.

Constable Willoughby said that Quinn came to him on December 31st and said " Come and see me smash the windows in my house." Witness went to warn Mrs Quinn, but before he could do so accused had smashed the windows. He was not drunk but seemed a " bit off." He had known Quinn for some years, and was aware that it was more drink than anything else that caused the trouble. There had been two or three prohibition orders out against him, sometimes by others and sometimes at his own request. Dr Robert Fish gave evidence to being called to see Mrs Quinn on several occasions and treated her for severe bruises and pains and black eyes. Accused had nothing to say for himself.

The bench' considered that accused had behaved in a most disgraceful manner, and cruelly treated his wife. His wife had been merciful to him by not going on with the charge of asssault, otherwise they would have been compelled to give him the full six months' imprisonment. He would bo bound over to keep the peace for 12 months by two sureties of £25 each and self £SO. For the charge of window breaking he would be sentenced to one month's imprisonmanl with hard labour. CIVIL CASES. Arthur Coles v Edmund Burke —claim £2O 10s for potatoes supplied. Mr F. Wilson Smith appeared for plaintiff, and Mr White for defendant. Mr Smith said his client.was suing for £1 per ton on the j)otatoes, and the question was whether the price agreed upon was £1 or 13s per ton. Defendant had paid into court the amount it would be at IBs per ton, but as his client maintained that the agreement was at £1 per ton they claimed the difference. Arthur Coles, plaintiff", contractor, deposed that in May last defendant agreed to take potatoes from him at the rate of £1 per ton, defendant to take delivery on the ground. When plaintiff went for a settlement defendant offered him 13s 6d per ton, and insisted that he had not agreed for more. To Mr White : I took land from Burke for potato growing. When the potatoes were being dug Burke offered 13s per ton, and dig them himself with a potatoe digger. Plaintiff refused. About a fortnight after, he agreed to give £1 per ton, send bags, and take delivery on the ground. Sold some of these potatoes in Geraldine at 25s per ton. Heard Burke dictate the items to his boy in making out the account, and objected to 13s per ton at the time.

John Clancy, labourer : Was digging potatoes for plaintifF. Defendant took delivery from time to time and referred sometimes to the price he was paying for the potatoes as £1 per ton. C. Gillicuddy: Was digging for Mr Coles. Defendant always took delivery of his own potatoes. Edmund Burke, defendant, said that when Coles took the land from him he said to Coles " If you don't make £1 per ton out of them I will give you that much for them." Plaintiff refused this offer. Some time later plaintiff offered Coles 13s 6d per ton, plaintiff to do the digging himself with a potato digger. Coles again refused, and some time after, when prices had gone down considerably, Coles came and asked him to buy, and plaintiff said " I will give you 13s per ton, provided you carry them to the next paddock." When plaintiff spoke to Clancy about £1 per ton, he meant the price he would pay Coles for delivery at Orari, which would really be 21s per ton. Coles had offered to do this in the spring. Patrick Burke : When making out the account heard his father tell Coles that he agreed for 13s per ton, Coles to pay for digging. W. A. Mason, storekeeper, Orari, sworn, said that potatoes at the beginning of May brought £1 per ton, delivered at Orari. Later on in the season they dropped to 17s 6d, and then to 15s. The bench held that the weight of the evidence was in favor of plaintiff, for whom judgment was given for amount claimed with costs. Tho court then rose.