CONSTABLE ASSALILTED.

Auckland Star, Volume XXXVI, Issue 31, 6 February 1905, Page 3

CONSTABLE ASSALILTED.

CHABGE AGAINST A CLEEK.

A solicitor's clerk named William John Tnnlay, aged 18, was charged before Mr S. E. McCarthy, SJrL, this morning, with assaulting Constable DanifiL MeGlone, the evidence for the prosecution alleging that a brutal assault had been committed by the accused and three other men. Sub-Inspector Black prosecuted, and ilr J. R. Reed defended.

Constable McGlone said that he lived near the City Fire Brigade Station., and went oat about 11 o'clock on the night of January 25th in plain clothes when. he heard an alaxm of fire. In Pittstreet be saw the accused, and "W&en. ne asked where the brigade had gone, was told by Finlay, who used bad language, to follow his nose. He went on, bat could not find the fixe, and a.s he returned to bis house he met accttsed and five men near East-street. Pialay was heard to say, "The is dogging- us; let's lay him oat." Witness turned aTcay to get assistance to arrest the men for using obscene language, but he was seized by the collar, and forced down against a fence, When, he was in a sittine position Finlay struck him on the face. Witness heard the accused suggest that he should be "Mlsttened out." After he had straggled for some time and had been kicked, the yormg men ran away. He followed them, and. pointed out Finlay to Constable Curtin, who arrested him. Witness told. Constable Curtin. in Finlay's presence, that he was arresting- the accused for assaulting him, and Finlay said be would go to the station. When witness got to the watch-house he felt ill and had to get a drink of water. Finlay alleged that witness put his fingers down his throat and choked him, and that he was rolling about in the street through drunkenness. Witness d-enied these statements. As to the alleged drunkenness, he was almost a teetotaller. At the time of the assault he was folio-wing the fire brigade in plain clothes, some false alarms having been given about that time. He was kkked on the ribs and side of the face, and when he lay on the ground be was kicked on the loin and hack. He sustained a namber of bruises, and several cuts on the cheek bone, his injuries necessitating his remaining" off duxy from Wednesday, the night of the assault, until the following Tuesday. To Mr Reed: He could have arrested two other men besides Finlay, if it had been necessary, but he selected Finlay because it was he who inflicted the most punishment upon him. Finlay told Sergeant Hendry at the watch-house that the two other men, who were unknown to him. came- out of a house and assaulted him.

Dr. Sharman gave evidence as to the constable's injuries, and said that his reason for ordering him off duty was because of the disfigurement of his face. He was physkally lit for duty after the assault.

Constable Curtin stated that he arrested Finlay, who asserted that he was "on his deed own," though McGlone, in describing the assault to witness, said that three men were associated with the accused in the affair.

Sergeant Hendry corroborated the witnesses in regard to what took place at the watch-house, and said that HcGlone was quite sober, while Fin Jay had had more liquor tlxan was good for a young man of his age. Mr J. R. Reed stated that the charge against Finlay had come as a. great surprise to his friends, as he bore a very good character, and had not been known as a violent individual before. Evidently he was mistaken in thinking the constable was drunk. His story was that he did te 11 the constable to "follow his nose," and McGlone must have lost his temper, for he clutched the defendant by the throat. Three men came out of an adjoining house, and. releasing Finlay, set upon the constable and assaulted him brutally without provocation as far as they were concerned. Finlay did not like" to be mixed up in such an affair, and went away. He remained in the vicinity and did not wish to evade the police.

This statement was borne out by Finlav on oath, and several witnesses, including a representative of the accused's employers, spoke to his excellent character and quiet disposition.

His Worship eomrr.ented upon the evidence that McGlone sober, and Finlay somewhat under the influence of liquor when he was arrested, and said that while he did not thmk the accused was williaffly teilina , untruths, the statement of the constable was a true version of what occurred. He usually refused to give the alternative of a line when a brutal assault of that kind was committed, but in view of the accused's respectability he would be fined £10 and costs, and bound over in his own recognisance of £100 and two of £50 each to keep the peace for twelve months. As it was evidently not a safe thing for a man like Finlay to take liquor, a prohiL'tion order wonld be issued against him.