DISGRACEFUL AFFAIR.

Waikato Times, Volume 107, Issue 17983, 31 March 1930, Page 6

DISGRACEFUL AFFAIR.

ASSAULT AND RESISTANCE. THREE MEN AND CONSTABLE. INCIDENT AT FRANKTON. What was described by SeniorSergeant Sweeney as a disgraceful scene occurred at Frankton just before hotel closing time on Saturday afternoon. Constable Aitkens spoke to a man against whom there was a prohibition order and whom he had suspected of drinking. During the conversation a young man named Herman Magner, aged 24, approached and interfered, calling the contable a “ bluff ” and striking him beneath the chin witn his fist. The constable tried to arrest the man, but he resisted violently. Finally he promised to proceed quietly, but the constable had no sooner released his hold, than he received a further blow from his captive, who again made'a struggle to get free and called upon several of the many bystanders, who had now gathered, to assist him. Two of them did so—Thomas Bernard Robinson Lawless, aged 20, and Raymond Victor Lawless, aged 25. The constable then called for assistance and two young men came to his aid. A melee followed, but with the assistance given him, the constable got Magner and the two men Lawless to the police station. At one stage of the fight the constable found some one trying to gauge out his eye and tear his nose. Accused In Court. Before Messrs W. Scaville and H. J. Grcenslade, J.’sP., at the Hamilton Court to-day, Magner was charged with assaulting Constable Aitkens, with resisting arrest and with using obscene language. " Both the men Lawless (who, by the way arc not related) were charged with obstructing the constable in the course of his duty. Mr L. Tompkins, in pleading guilty to all three charges on behalf of Magner, said his client desired to express his deep regret at the incident. He was a young man not addicted to drink and had not been before the court on any previous occasion. He was also in steady work and his em- , ployer spoke highly of him. On Saturday afternoon he took a little drink and what caused him to address the constable was an impression he had gained that the officer intended to report a prohibited man for drunkenness, when he (Magner) knew that the man was not. drunk. The Bench fined Magner £5 for using obscene language, with the alternative of a month in gaol, £3 for resisting the police, with the alternative of one month. On the charge of assault, accused was convicted and discharged. Each of the other two defendants was fined £2, with costs, with the alternative of a fortnight in gaol. Senior-Sergeant Sweeney said he desired to thank members of the public who assisted the constable in his difficult task. The Bench endorsed this thanks, adding that the two men who had helped the constable were to be commended for their action.