FIERCE STRUGGLE.

Auckland Star, Volume LXIV, Issue 109, 11 May 1933, Page 3

FIERCE STRUGGLE.

RESISTING police CONSTABLE USES BATON. FIREMAN to be sentenced,

4b a, sequel to a ftesperate struggle between a constable and Ralph Martin nyfield, aged 30, fireman, in liis house j n Parnclf on the night of April 7 last, Bvfield, who was discharged from hospital only this morning, limped into the dock in the Police Court charged with assaulting two constables.

Byfield, for whom Mr. T. B. Slipper ppeared, was charged with assaulting Constable C. H. Smith on April 7, and on April S with assaulting Constable P. T Wassey, while in the execution of their duty. He pleaded not guilty to both C 'Lengthy evidence was given both for tho prosecution and the defence. Constable Smith said that at 9.5 p.m. on \pril 7- Mrs. Byfield made a complaint about her husband and asked witness to accompany her to the house. Byfield was in bed. Witness tried to pacify him, but Byfield got up and attacked him' and after a struggle he had to use'his baton. A desperate struggle ensued, both inside and outside the house Byfield kicked and punched him, tried to gouge his eyes and bit his wrist. They fought for 15 minutes, (liirin" which time witness lost his handcuffs. All the time Byfield was threatening witness and remarking that he would murder him. "He was like a wild animal," said the constable. When witness saw that Byfield was on the around, he went away for assistance, as he was injured and feeling "done up." Answering Mr. Slipper, Constable Smith denied that Byfield ordered him to leave the house. He also denied striking Byfield on the head with his baton without provocation. Detective-Sergeant McHugh: You went to the house because Mrs. Byfield complained that he had threatened to assault her? —Yes.

Jumped Over Fence. Constable Massey said he was instructed, at 11.30 p.m., to keep -watch outside the house of Mrs. Fitzsimmons, Mrs. Byfield's mother's place, in order to protect Mrs. Byfield, who had gone there. Shortly after 1 a.m. Byfield approached the house and witness refused to let him enter. When he (old Byfield he was going to arrest him Byfield struck him and then ran away. Witness chased him and Byfield jumped over a fence and fell down a steep bank. He was injured and called for help. Witness attended to him and took him to the hospital in the ambulance. Cross-examined by Mr. Slipper, witness denied that he used his baton on Bvlield at any time.

Mr. Slipper said Byfield was a decent man who supplied his wife with every necessary for the home. He had been drinking that day and on arriving home at 7 p.m., found his wife was not there. She returned later and an argument entiled because he took the baby out of its cot and took it to bed with him. His wife went for the police, saying she would "fix" him. She had been shorttempered as a result of the quarrel. "Byfield, as a result of this night's adventure, was seriously injured about the fpine and the doctors do not know how t:»on he will recover," added counsel. "I wish to make it quite clear that his spinal injuries were caused when he jumped over the bank, and not by the police." Evidence for Defence. In evidence Byfield alleged that. Constable Smith attacked him first, after he had refused to leave the house. He denied assaulting either constable.

Detective-Sergeant McHugli: Are you a man given to violence? —No. I have »ot into trouble several; times through drink and looking after .myself. Don't you realise that you were wrong when the constable came to your house to give you words of advice '—Probably 1 was.

Kose Ellen Byfield, in evidence, said she had been "fed up"_ with Byfield because he had been drinking heavily for several days. She admitted going to ask Constable Smith to go to her home with her, but she denied that her husband first attacked the constable. He used no violence or threats. It was the constable who had first struck her husband. Detective-Sergeant McHugh: You went to the police and told them that you were frightened that your husband would cut your throat and the baby's? No.

The magistrate, Mr. W. R. McKean, said he was satisfied that the evidence of. the constable was the true story. The constable had been badly knocked about and it was a serious offence to assault the police. , Byfield was convicted and remanded until to-morrow for sentence. "Your list of previous convictions shows that you have ten, most of them for fighting, and two for resisting the poHce," said the magistrate.