ARRESTED ON SUSPICION.

Auckland Star, Volume XXXVI, Issue 255, 25 October 1905, Page 6

ARRESTED ON SUSPICION.

OLD MAST'S ALLEGATIONS. CONSTABLE CHARGED WITH ASSAULT.

THE CASE DISMISSED,

An elderly watchman named Walter Smith charged Constable John Wainhouse in the Police Court yesterday afternoon before. Mr C. C. kettle. &M., with assaulting him on October 15th. Mr McLean (of Messrs Nicholson and Gribbin) appeared for the complainant, and Mr J. C. Martin defended. The complainant said he was employ.cd as a watchman at Mr C. H. Bailey's shipbuilding yard in Customs-street West. On the afternoon of Sunday. October 15th, he was at the yard, and had occasion to go to a convenience. At that time an old man and three girls were in the yard, sime distance from the

convenience. An hour later, two men, whom lie found were the defendant and the father of the girls, came into the yard. The defendant said to the witness ; 'I arrest you." and twisted him by the hand, kicking him on the shin, and forcing him to tin? ground between a shed and the support of a new vessel. The witness asked the constable not to break his ann, and the defendant then handcuffed him, and said hi? was a police constable. He asked defendant if he was "Mr Wainhouse." whose wife kept a boardinghouse near the yard, because he knew this was so. When tb?y got to the police station a gentleman told, him he heard he was charged with exposing himself, but did not believe it. This gentleman told him to go away, and he did so, no ehargi? being preferred against him.

Questioned by Mr Martin, the witness said he had had no row with Wainhouse. whose wife and children had U?en very kind to him. Mr Martin asked the witness if he was not a violent tempered man. The complainant, who had to be cautioned by the magistrate not to get excited, replied that he was not. He became more excited when Mr Martin secured an admission from him that he had br;?n- sentenced to live years' imprisonment for stabbing his wife. Smith said he served three years, but the affair was an accident.

Dr. Walker stafexl that on Friday, when he examined Smith, he found wounds on his right leg and elbow. The wound on the was over the skin, and could have been caused by a kick or falling o\"i?r- some sharp-edged timber. Constable Wainhouse gave evidence in reply to the charge, stating that he went to Bailey's yard in consequence of a complaint ■ that" a child had been interfered with. Upon the instruction of Detcctivo McMahon, he arrested Smith, who was acquainted with him. Witness told Smith that he would arrest him because of the complaint, and the complainant at once began to shout that he would not go to gaol. Smith b.?gan kicking, and the witness, who did not wish to hurt the old man, quietly put him against a shed while a Mr Sloan, who was present, handcuffed him. Wainhouse said that he never kicked Smith, who, however, kicked him slightly on thi? leg. As the old man went quietly to the watch-house, witness soon took off the handcuffs. When they got near the watch-house Smith showe*d him his leg, stating that he had hurt it. and the witness remarking "Why did you not tell mc h?fore'r"' allowed* him to walk slower. Smith was detained at the watch-house for an hour and a quarter, and then allowed to go. as the girl who made a statement incriminating him "went back on her i?vidence." | The constable suggested that the bruises on Smith's log and elbow could have been caused through Smith falling over timber, as he was in the habit ol going round the yard without a light after dark.

Detective MeMahon stated that he was instructed to make inquiries into the' girl's complaint, and when four young men pointed out Smith as one of the persons concerned he asked Wainhouse to detain him and take him to the station. The witness then went after another man who was alleged to be concerned. When he found that the girl's statement would not substantiate the charge against Smith hr- went straight to the watch-house and caused Smith to be liberated .

Dr. King evidence that he examined Smith yesterday, and came to the conclusion that the marks on his wrist and olbow were not severe. There Unas fresh blood on Smith's leg, covering an old longitudinal wound extending aross the shin. It could not have been the result of a kick.

Charles Sloan, who accompanied Constable Wainhouse when Smith was taken ineharge, said the complainant tried to hold on to a fence and resist the constable. Witness assisted to handcuff Smith, but he could not say whether the old man kicked the constable. Sloan declared that he was so excited at the time that he jeould have punched Smith, as it was alleged that he had molested his daughter. Harry Solomon, a 3'outh who also witnessed the arrest of Smith, described it similarly to Sloan, and said he was positive Wainhouse did not kick Smith or put him on the ground He considered that Wainhouse treated Smith with every kindness, and had he wished could easily have arrested the old man without Sloan's assistance.

Albert Ashwick, another eye-witness of the arrest, corroborated' the evidence of the previous witness. The magistrate dismissed the information, holding that the allegation of kicking and throwing down had not been substantiated. He remarked that he was not called upon to decide whether Smiths' arrest was lawful or unlawful, but he thought it very likely that the young fellows whom Smith had turned out of the yard for playing cards gave false information, which caused Sloan to make hie complaint to the police. Sloan and the constable were justified in their action, seeing what was alleged by the young men, and the evidence did not * show that more violence was used than was necessary. His Worship expressed himself as being satisfied that Smith was not knotked down and kicked, in /act, the complainant's conduct throughout was strongly corroborative of the evidence of the contsable, as he made no complaint at the lock-up, where he could have seen the Sub-Inspector or Inspector. He awarded the constable costs, but said he would make no order unless Wainhouse pressed for it, as the complainant had no means. His Worship fixed the costs at £4 12/.