A POLICEMAN CHARGED WITH ASSAULT.

Wairarapa Daily Times, Volume XVI, Issue 5211, 21 December 1895, Page 2

A POLICEMAN CHARGED WITH ASSAULT.

ANOTHER PUB CASE.' ■ REFUSAL TO SUPPLY LIQUOR, The case in which Edwin E, Nops charged Constable Stewart with assault, was continued in the Masterton S.M, Court, before Mr T, Hutchison, yesterday, as follows Dross-examined by .Mr 0. A, Pownall, Alfred W. Benall said he did not remember whether Nops apologised or not to Mis Soler about entering the kitchen, The unpleasantness did not concern him, therefore. did not see any necessity to leave. He pat bread into a water jug on the counter as he was going out. The bread was a bit hard so he thought he would soften it. This was about three weeks previous. Had not been in the hotel since. On Constable Stewart and tho Sergeant arriving, Nops asked whether he was obliged to leave, as he was not in any way drunk. Constable Stewart said he was "betwixt and between," Neither McArdle or Stewart asked Nops to go out quiotly. Did hot remember the Sergeant advising Nops to go. When Stewart was talking to Nops, Sergeant McArdle thrust Stewart on one side,

To Mr Beard: Sergeant MoArdle did speak to Nops after thrusting Stewart on one side. Constable Stewart made the second thrust at Nops. Mr Nops did nothing to provoke Stewart to thrust at him the second time. Mr Nops had nothing whatever to do with the bread that was put into the water jug. No complaint had been made about the matter until the night in question. There | was nothing whatever in the behaviour of anyone in the hotel to cause Tucker to put them out, Mrs Soler said Nops was a blackguard, and charged him with ungentlemanly conduct in the kitchen, Nops was behaving in a thoroughly gentlemanly manner. Frank Edward Dorset, of Te Whiti, said he was with Mr Nops, at the Post Office corner, at a quarter past ten. Had one drink at the top hotel. His was beer and lemonade ; while Mr Nops had port wine and lemonade. As fchoy came back, they went into the Prince of Wales Hotel. [This witness corroborated the statements of Nops and Renall.] Mr Nops was perfectly sober, and was not misbehaving himself in any

ivay. To Mr Powuall: Mr Nops' conduct ivas perfectly gentlomanly right ihrough, He was sitting down when ihis was going on. Heard Mr Nops my lie could not expect maimers from a pig. To His Worship: Mrs Solei said Mr Nops was a blackguard. To Mr Pownall: Was quite sure Mrs Soler called Nops a blackguard. The barmaid was looking through the slide, She was sitting on a chair. He did not want to be a party to the unpleasantness. Did not think there was any fun in it. He was surprised to see Tucker order Nops to leave. Never knew that Nops had misbehaved himself in the hotel. To His Worship: He heard something about Nops being in the kitchen, and thought that was why Tucker was ordering him out. To Mr Pownall: Did not hear Sergt. McArdle or Stewart ask Nops to go out. Stewart could have put him out easier. Stewart gripped Nops by the shoulder, and caught him under the chin, Nops did not go, after being put out. Sergeant McArdle said to Stewart: " Don't touch him, but leave him to me." Sergt. McArdle then walked into the Hotel. The whole affair lasted about half an hour. To Mr Beard; Nops was in the private bar when Stewart took hold of him. Nops was first to speak when Tucker returned. Did not hear what Nops said to. Stewart, Was waiting to hear what answer the Sergeant would give Nops, as tc whether they could turn him out Did not take any particular notice of what took place. Tucker did nol give any reason why Nops should leave. There was no niisbehavioui of any kind, on Nops' part. It wai after Mrs Soler told Nops he was i blackguard, that Nops made the re tort to her. Fergus O'Connor, sworn, said In remembered the lltli of the presen month, Was going away from th Prince of Wales' Hotel as Mr Nop was going in. He heard Mr Tucko say to Nops that he would not giv him any drinks. Was not sure h heard Tucker give any reasous, M Nops wanted to know why he wa to be turned out, Tucker said h would not argue, but he would giv Nops fivo minutes to leave. Nop was quiet and orderly, and was a I sober as at the present moment, To Mr Pownall: Did not hear th conversation between tho partie concerned. Did not hear Nops chal lenge Stewart, He would natural! thiuk Nops would feel aggrieved a the way lie was being insulted. H would not go into a public house i he was told lie was not wanted. ' This concluded the case for tli informant. Constable Tlios. Stewart, sworn said he was a constable stationed a Masterton. Mr Tucker cameto him self and Sergeant McArdle at th Post Office corner, and requester them to go to bis hotel and expel man named Nops. Mr Tucker gav certain reasons. They went togethe to the hotel. On arriving at th hotel they went into a room at th back of tho bar. Wont through th house. Saw Nops there, also Renal and he thought Dorset was there Mrs Soler and the barmaid were ii the bar. Tucker said, " Here's tb man," pointing to Nops. "Ire quested him to leave previously, am 1 request- him to leave again and wantyou toshift him if lie won't go.' Mr Nops seemed to be standing 01 his rights and said ho would have i drink before he went, The Sergean said Nops had better leave and no get into trouble. He said he wouli not go, and demanded a drink as i right, Witness also advised Nop to go, but he refused and said,"Tn not drunk," Witness said " Per haps not, but you're betwixt am between." Nops said," If you're i drunkard I am not a drunkard.' Thought if Nops had had anothe driuk he would be good enough fo any thing. Asked him again to leav and told Nops he would have to as sist him. He then put his hands 01 Nops' two shoulders behind am put him out. Only had abou three ot'four yards to go out of th back dqpr into the yard. Nops macl a rush at witness and be put out hi; hand to keep him off. Seigean McArdle ~then came out and said "Leave him to me, Stewart," am witness did so, although Nops wa challenging to fight. Sergqan McArdle advised Nopß to go home Tuoker then came out. At 'las Nops' mate, Renall, pulled him awa'

and took him oat of the yard, Did not knock Nops about in puttiug A him out, • Had not need more force 7 than neceseary, He had no doubt if the Sergeant had not been there he would have had to arrest Nops as he was afraid of Nops assaulting Mm, To Mr Beard: Nops was standing , close to the bar when witness went into the hotel. Was not certain where Eenall was standing. He was, notquitesurewhiehwaswhich, HojU believed he noticed Eenall Renall was standing olose to the door" on the left, Tucker went into the room first, the Sergeant and himself followed. Nops said he had a legal right to have a drink and he would ■ not leave, Did not remember Nops > saying anything else. Tucker did .fi not tell witness what his reasons were for wanting to turn Nops out of his' house. Nops Was not doing any-'" thing wrong when witness went to the hotel. He would not swear that Nops was not sober, Nops did not get his ruffles up, but he would have done so if he had been alone. < Thought Nops was drunk by his style. Nops was saying nothing and was perfectly quiet when witness went in. Nops was insulting him, Nops did not offer to fight him inside, but he tried to tako hold of him. Had bis hands on Nops'shoulder when he put him out, Barring the last witness, previous witnesses had said what was not true. His only t reason for waiting to turn Nops out was because Tucker had ordered him to. Tucker said Nops was insult&fc Mi's Soler. Tucker told him tlnaS*' the street and also that he was not able to put him out, and that Nops had taken hiscoat off to him (Tucker), It was after his remark to Nops, that" he was betwixt and between," '• that Nops said, "If you are a drunkard, lam not, 1 ' He askb'd Nops to leave afterwards. He would have put Nops out if he had made no remarks, He had never been drunk iu his life. Mrs Soler was in the bar with the barmaid, but would not swear the barmaid was there all the time. Mrs Soler 6aid to the ■ company that Nops had made remarks and used insulting behaviour. Mrs Soler did not Bay why Nops had insulted her. He told Nops, at the time, that he would not say he was drunk, Tucker did not seem to want Nops there, He did not take , any steps to turn Nops o£E the premises. He thrust Nops a second time to push him off. Did not anest Nops, although he was challenged to fight. Nops did not complain of what Mrs Soler had said to him. Nothing was said to him, presence of Nops,' about bread bA put in the decanter. Nops did* , tako off his coat to witness. ; Mary Soler, sworn, said she was housekeeper at the Prince of Wales Hotel. Knew that Nops was at the hotel on the evening in question, He was in the bar parlour. She went into the bar, She was not sure whether Nops asked for drinks or not. She refused to serve him, 1 knowing he had been insulting on a previous occasion. Nops then said witness was "a woman without modesty." Tucker then came in, and said, "Mr 'Nops, there's the door, go out." Nops said he would not go, and Tucker replied < he would have to put him out. Nops at this said " What, ad— thing like you." Tuoker then went for the police. Nops said to her that f one might as well try to toach manners to a pig. Witness asked if Nops meant she was a pig, and got the reply that if tho cap fitted she could wear it. Nops apologised l . for the insults offered beforeSjftt witness declined to aeceprtne apology, and asked Nops why he had gone into the private parts of the house and pushed himself on to the servants. Nops then said that witness was no lady. Shortly after, tho Sergeant and Tucker came in, The Sergeant said, " What is this." Tucker replied, "I've asked Nops to leave the houso and he won't do so." The Sergeant said to Nops, " When a landlord a6ks you to go, because you have made yourself obnoxious to him or his servants, you have to go," Nops replied that he was not going for the Sergeant or any other constable. Stewart asked Nops why lie did not go quietly, the latter replying something about not being " drunk " or " a drunkard," Stewart then took Nops. by the shoulders and ran him out. Witness saw no more.

- To Mi' Beard: Kenall and Dorset i declined 'to -buvo drinks because wit *'"■ i uess refused to serve Nops. Had , instructions from Mr Tucker not to , supply Nops 11 if be carno as he was ! before." When Mr Nops got suifi- , cient driuk he became abusive, kjUio' ; supposed it would take more ifta , one driuk to upset Nops, Kiiow that Mr Tucker had seen Nops come iu, One of tbe servants called Clara T. Hopcroft bad spoken about Nops goini; into the kitchen. Miss Hopcroft, sho believed, was now in Napier. The strict rules of ber bouse were that the servants were to have no men in to them, His Worship: " I understand, no followers allowed." Mrs Soler continuing, said that no gentlemen were allowed in the kit- v , chen, and the servants were not Si allowed to walk out with any of the boarders. Theseweretherules given by Mr Tucker, and sho earned them out. Miss Hopcroft did not complain that Mr Nops acted in an ungentlemanly way, but simply said he bad broken the rules of the house. The apology might have included it all; that was breaking the rules ' of the kitchen and his rudeness to witness. She denied that she had ever called Nops a blackguard, She had said he was "uo gentleman." Jane Thompson, barmaid at the Prince of Wales Hotel, corrobwated the eridence of last witneßs!®he did not hear all the conversation, but " scraps " as she went backwards and forwards. She heard Nops say A "Mrs Soler was a woman of no -<• modesty •"; also that one could not teach manners to a pig," and " if the cap fitted Mrs Soler could wear it."

His Worship: "You appear to have always hoard the "scraps." Witness, continuing, said she wte backwards and forwards, She thought Mr Wops was' under the influence oE drink, although he was v ; not talking excitedly at first. * To Mr Beard: Had been about . eight months at the hotel. Daresay' she had seen a good many , people umlertheinttuenceofliquor, Thonght she"had seen Mr Nops that way on two occasions. If she was not an expert, thought she knew the signs, Mr Nops usually came in quietly and did not drink much, Mr Nops said, " Giyeme ipoit-wineandlemonade," Mrs Soler said that they weitowt to ? > be served. She meant to snPtbat \ ■ Mrs Soler said Mr Nops was not to be sorved. Tho best made mistake sometimes,. ' : Mr Beard: And the truth slips out unawares! :: Witness, continuing, said she was ' telling the truth; Nops then began . v

to inanlt Mm.Soloiy She jvist liap-' penodto hear the remarks mado, | She admitted sho wan exceedingly fortuuato in getting tlio spicy pieces of tho conversation, Tlio conversation . between Mrs Soler and Nops, lasted for about twenty minutes. Sho knew what it was about, because she knew flops went where he wasn't wanted—in the kitchen. Did

not hear Nops make any apology j did not hear Mrs Soler call him a blackguard. Whon Sergeant McArdle came, he asked Nops—in a /' gentlemanly manner—to go out. Sho could not vemembor tlio words used. Sergeant MeArdle gave evtdenco that on the night of the 11th, Mr Tucker came personally, and nsked witness :tO expel a man from his premises, who was trouble,y some and disorderly. Tucker went ahead, and witness and Constable Stewart went out shortly afterwards. Tucker pointed out. Nops audsaid," There's the man. I wish you to remove him from my premises," Nops told witness ho would not go out for him or anyone else. He should think Nops had a good share of liquor in him, but not enough to mako him stagger, Nops spoke in (in imperative tone and said he was there and wanted a drink, and Would have it, as he was a sober man. Stewart then said," Yon have drink in you at all oventa." Nops replied, " If you're a drunkard, Stewart, 1 am not." Stewart took Nops by tho ; shoulder,and Nops resisted. Stewart JBT then took Nops by the two shoulders and put bira out. Housed very little violenco. In facta weaker man than Stowart might have had to use more strength. Mr Beard; " The impetus from behind assisted."

Witness, continuing, said Nops called out that if Stowart was as " big as a house" he would go for him, or words to that effect. To Mr Beard: Was quite positive that he asked Mr Tucker to request Nops to removo. If Stewart was in the hotel first, he thought he should have seen him. Ho did not remember every little thing as he did not keep a piece of chalk to put it all down, Was quite sure Tucker said " Will you be good enough to leavo my premises. I have warned you beforo not to come on my premises." Nops distinctly said he would not go as he had coine for a drink and intended to get it. Witness then advised Nops to go out, otherwise he should havo to do his duty, His

duty was to put ft man out if required «. by a licensee. There was some argument between Nops and Mrs Soler. Nops wns excited; witness eould not say why. It might have been from having a drop too much. It was seldom one saw a man so excited without having a drop in him. He was not prepared to swear thitt Nops had more than one drink but he did not cure what the others swore, Mrs Soler madesomercmark about being called a pig; he could not say exactly what, as he did not put everything down, Mrs Soler called him to the edge of the bar, and told him of this in a low tono. She was very excited. He paid very little attention .to what was said. He was certain she said something about being as ignorant as a pig. It appearad to him that a constable could never do right. They were always harassing au old man like bim,

The Bench: "Nover mind Sergeant, we all get harassed sometimes." Witness continuing his oxaminajßf tion said lie was not a typewriter and couldn't remember overytbing, Nops might have said " I'm not a drunkard like you Stewart." Stewart put Nops out by the shoulders, Nops resisting violently and pulling tho Constable right ont after him. This statement quito convulsed the Court and Mr Beard sat down, John Tucker gave evidence that Mrs Soler told him that she thought Nops had had enough. Witness went into the bar and said " What are you doing here." Nops said, " I've come for a drink," Witness said he would not serve him and he (Nops) knew the cause. It was because Nops had been tampering with the kitchen and interfering with the servants. Told Nops to leave, who said," Ad- thing like you won't put me out," Obtained the assistance of the police. Nops was not sober ; he was half drunk and nasty. His Worship; " Half nasty ?" Mr Tucker: "No sir, vory nasty." His Worship: " Ob, whole nasty then.

Witness, continuing, said Con-

stable Stewart said, "Go away, Wi Nops, goaway "Nopsreplying, "I'm not drunk, Stewart, if you are." Stewart then put Nops out very gently. After Nops was put out, lie offered to fight Stewart for a fiver.

To Mr Beard: Was quite sure tho offer was to fight for a fiver. Did not want Nops in the house, because he made himself obnoxious to the servants. When he said Nops "tampered" with them, he meant that his (Nops') presence was objectionable. hid not remonstrate whon Nops went through tho house. Thought he might have been going into the yard. His Worship: "Did you not^ object to him going into the yard ?" Mr Tucker: " No, sir." His Worship: "But he might have been going through to the kitchen!" Further examined, witness said tliat the words used by him were, "Nops, what are you doing here?" Had previously complained to Nops' employer about a private matter. He did not think this was playing it low down on a man, Refused to serve Nops because he had broken the rales of the kitchen, The girls who complained of Nops were away. He did not know their names. He did not know the Dames of his servants, he left that to Mrs Soler. He allowed no ono in the kitchen objected to by Mrs Soler. She bad complained that Nops went into the kitchen, and he had told Mi-Murray, Nops' employer. His other reasons were that bread and cheese had been put in a water bottle, and Nops had spoken unproperly to Mrs Soler. In reply to the Bench, witness said ho meant that his kitchen rules had been tampered with, not his servants.

Mr Hutchison; " Oh, that's a very different matter." Witness, continuing to Jlr Beard, said that after remarking that he (witness) was a thing, Nops took up a .fighting attitude. It was the ordinary fighting attitude. Was sure the Sergeant did not suggest that-he ask Nops to go out again. McArdle said to Nops, "Why don't you go away quietly," and gave Nops good fatherly advice. Stewart said, "Take good advice and go." The Sergeant said, "Now don't bo a fool; go way quietly." Stiff art said, " Yoh know you are not sober, to go away quietly;" It was too absurd, qnite, to snggest that Nots dragged Stewart out into the yard,

Mr Pownall liore said liis learned [friend was not entitled to 1 drag a I witness through the examination-in-chiof about seven times.

Mr Beard said it would beall right if his learned friend kept quite quiet. Mr Tucker: " He's trying to mess mo up." Continuing his cross-examination, Tucker said ho did not think Nops pulled Stewart out. Itwas certainly Stewart who put Nops out, Mr Pownall said this concluded his case.

His Worship in giving judgment said it had boon argued that a constable was only empowered to act on his own view in expelling a person for drunkenness, violence, disorderly conduct, etc., but he thought that looking at the sections bearing on the case that theinukeeper was entitled to call the assistance of a constable who might act on tlio information of the publican. On any other construction a publican might have to stand by while a gang of roughs ran through the whole gamut of offences sot down under tho sections quoted. He therefore hold that the constable did his duty in removing tlio informant at the request of the publican, whether or not lie lmd been guilty of theolfeiicealleged. The only question of fact, therefore, to deal with iu tho present case was, did tho Constable use unnecessary force? and from tlio evidence, this was not shown, i The case would therefore bo dismissed.

Mv Pownall applied for costs, His Worship reserving his decision on this point till this (Saturday) morning, when the charges Police v. Nops—refusing to lenvo licensed premises, and resisting the policewill be dealt with.