A POLICEMAN CHARGED WITH ASSAULT.

Wairarapa Daily Times, Volume XVI, Issue 5210, 20 December 1895, Page 3

A POLICEMAN CHARGED WITH ASSAULT.

ANOTHER PUB CASE,

REFUSAL TO SUPPLY LIQUOR.

At the S.M, Court, Masterton, today, before Mr T. Hutchison, S.M., the case of police o, Nops, was called

Mr Pown.all appeared for the police, and Mr Beard for defendant, Mr Beard said that prior to the information laid by the Police, Mr Nops laid an information charging a member of the Police Foice—Constable Stewart—with assault, and he should like to know whother it was not the practice of tlio Court to hear informations in tho order laid. If this were iiotso,he would apply to have all the cases heard as one.

His Worship said tho informations should bo heard in the order in which they were laid. Mr Pownall said lie had no objection whatever.

Thomas Stewart, Constable, waß then charged with assaulting Edwin Hotspur Nops on the evening of December llth, at Tucker's Prince of Wales' Hotel, Mr Pownall said before the Constable pleaded, he would point . out that the alleged assault having arisen in the execution of the Constable's duty, a month's notice ought to have been given. mm His Worship ruled that this only " applied to civil actions, Mr Pownall then entered a plea of not guilty. Mr Beard asked that all witnesses be ordered out of Court, Sorgeant McArdle also being requested to leave, In opening the case, Mr Beard said that on the night of tho alleged assault* Mr Nops and two friends went to the Prince of Wales Hotel and asked for a drink from a Mrs Soler. Mrs Soler, instead of serving them, called the licensee (Mr J, Tucker), who ordered Nops to leavo the premises. There wns no causo at all for doing so, aud Nops declined to leave. Tucker left the bar, reappearing directly afterwards with tbß Sergeant and Constable Stewart. Mr Nops declined to go out as he was perfectly sober and prepared to pay for refreshments. After some discussion, Nops was assaulted by Constable Stewart in a manner which ho thought lie should beabletoshow wns clearly beyond his duty, and for which there was 110 justification. It , ij|- was an extraordinary thing that the charge against Nops was not laid until after Nops had laid his information against Stewart. Ho hoped that His Worship would, if satisfied that an injustice had been inflicted, consider the case aggravated, tho defendent being a police officer, and inflict a penalty accordingly. Edwin Hotspur Nops, 011 oath, said that on the night of the llth of this month he was in the District Court until about twenty-live minutes to ten. Met a friend named Dorset at the Post Office and together they strolled to the Royal Hotel, where they had a drink, witness taking a port wine and lomonado. They came out and met Mr Fred Renall who invited them to have a drink. They were near Tucker's Hotel and went in there, passing through to the back bar. It would then be about ton minutes past ten. Passed Mr Tucker who waß

sitting in the side bar. Mr Gray and Mr O'Conuor of the Star, « were standing at the bar. Mrs Soler , and barmaid were in the bar. Mr Henall asked witness what he would drink, Witness said a port wine and lemonade. Thejbarraaid apparently intended getting them, but Mrs Soler said something to her and , thenwentout. The barmaid stopped , getting the drinks when Mrs Soler 1 went out. About two minutes after- 1 wards Tucker come in and in a most insulting manner, said, "Nops,leave my house." Witness said, "I am ! perfectly 60ber and I shall not go out." Tackersaid witness wouldget no drink there, and he would have him put out, or words to that effect, Tucker then went oat, leaving witness and his two friends standing in front of the bar. Shortly after Tucker returned, and entering the bar said again,"Nops,leave my house." Witness declined on the same ground as beforo. At this the Sergeant and Constable Stewart appeared Tucker again repeated the words "Nops leave my house." "Witness said ho would first liko to aska question, and, turning to the Sergeant, asked if Mr Tucker had a legal right to order witness off the promises, * providing he was perfectly sober and creating no disturbance. The Sergeant said "Yes," Witaess said "Very good," intending to leave after asking another question. He then asked the Sergeant if Tucker could refuse to supply a drink to witness if he was perfectly sober, prepared to pay for it, and was not intoxicated. Stewart, at this, said, "You're betwixt and between," insinuating that witness was drunk. . Witness then said, "If you are a drunkard, Stewart, I'm not." At this, Stewart grabbed witness by the throat and shoulder, and handled hi® very viciously, throwing him opt into the yard. Witness' told Stewart that he doubted whether fhe ponstable ji'ad power to put him put, and had overstepped this mark, Stewart made another lunge at witness, catcbipg i){m under' the chin, filming found to those standing nesr, witness asked if they ljad seen . • jjbat, also replanting to Steiyart, that jf he wanted anything, "he had better have aout in j" mining, that if •' ' the.Constable wanted to thrash withe lmd better start. The S.M, said this appeared like an invitation to fight. Mr Beard admitted that was practically the case. Witness continuing, said that Stewart moved away and did not again touch him, the constable making some remark about being called a drunkard, Witness and bis friends then left the yard. Was not turned bff thd premises, but 'inly crtit of 'th® b'olol, ; lt was tweiity-five minutes :to eloyeji ty pougillls'clocfc Wb'on jlieygotorithesti'eet, " ' To'Mr Powdbll i &ad never had any'previous quarrel with Stewart, Knew of no motive why he should ' have been freate.il as described, 'Tucker neyer tpld jiipi previously . tlijjt lie did npt ca)-e about witnes? being in his hotel, Tucpr had npt told witness he was a nuisance. Had been in Tucker's kitchen previously ; but had never been told by Tucker that he was a nuisance. He had

been invited to enter the kitchen by one of the girls. Ho was not aware that Tucker lmd complained about A-- ' this. Would swear he never jammed .bread and cheese into a water de* ■ : canter nor had he seen anyone else do so. Mrs.Soler bad never ordered bim out of the kitchen. He had never been thrown out of tho Salvation Array for riotous behaviour. . '; He had visited the Barracks on one occasion and -wishing io;leave the i : Jtimyt people refused; to iletlbim- out

He bad tboreupon.put on his lint an a protest. He had .never asked the Army people not to take action for fear lie might lose his biliefc. Ho lmd once told Mrs Solor that ho thought she was no lady. This was merely because he had beon called" a low blackguard," and other choice names. Ho had also said that ono could not teach mnmlcrs to a pig. Did not invito Tucker to go out and fight before he j went for the police. He did not invito Tucker to light at any time. Would swear he only had ono drink, on tlio occasion in question, before ontering Tuckers hotel, Did not romember the Sergeant and Stewart aclvisiiler witness to. go out quietly. Had no recollection of, their making any effort to induce witness to go out as stnted, His hat wns left off; liis collarwas not broken, but his tie was disarranged. He received a nasty jar in boing thrown out, but did not fall. Hedid not at any time attompt to leave till put out,,

To Mr Beard: The conversation he had with Mrs Soler while Tucker was out for the police had reference to his going into the kitchen. Mrs Soler said ho had infringed tho rules of the house. Witness said ho was sorry, and if lie lmd done so he would apologise. Mrs Soler said—"Oh, that's your general way. Yon have behaved in anything kit a gentlemanly way to the girls in tho kitebon and are a low blackguard." Witness retorted that he did not consider Mrs Soler a lady. Tucker was not present. He had never intruded into the kitchen against tho wish of anyone there and had never, previously to that night, heard any complaint about liis entering the kitchen or his conduct there, With regard to tlio alleged Salvation disturbance he had wished to leave but was not allowed. Had kept his hat off till just as ho j was leaving the Barracks, j

To His Worship: Did not go to the Salvation to causo a disturbance, but- lo hear and be entertainod.

A, W. Renall, junior, corroborated the evidence of the last witness with regard to ontering Tucker's Hotel. Tucker came in before tho drinks were served and ordered Nops to leave in a peremptory manner. There was no cause whatever for Tucker to take this course, as they were all behaving in a very orderly manner. Nops said" I will not" in reply to Tucker Afterwards Tucker used similar words to Nops, giving no reason whatever for liis demand that Nops leave the house. Took the words of Stewart, " You're betwixt and between," to mean that Nops was half druuk. Nops was as sober as witness, as he then stood in the box.

Witness then detailed the action of Stewart towards informant ns above stated, also adding, that the Sergeant pushed Stewart on one side. Nops walked up to Stewart and said, " Well Stewart, if that's you're game, and you want to fight, I'll fight you. Come out in thoback." He did not know whether Stewart replied or not. Tuckeruguin ordered Nops off the promises. The argument regarding Nops' legal right to demand a drink continued in the yard for a while, The Sergeantthen called Tucker by name, and at this stago Nops and witness went away at witness' request, During the conversation with Mrs Soler, Nops made no irritating remark till he was called a blackguard. [LETT SITTING,]