CHARGE AGAINST A POLICEMAN.

Press, Volume XLV, Issue 7176, 11 October 1888, Page 6

CHARGE AGAINST A POLICEMAN.

AttheßesidentMagistrate'sCourtyesterI day, before R. Westenra, J. G. Ruddenklauland J. V. Ross, Patrick J. Herlihy, a con-: ratable, was charged with having on Sep-< Kembe.r 30th assaulted James Lynch byj Striking him on the hip with his batons ■There was a cross summons, charging! ■Lynch with assaulting the constable, andi ■with using obscene language. Mr Weston rappeared for Lynch, and Mr Joyce for RHerlihy. James Lynch said he was a cab. man. At about 2.30 a.m. on September 30th, he was standing near the City Hotel in Colombo street. Herlihy came up and said, " What are you loafing here for." Lynch said "I am not loafing, lam waiting for my cab." Herlihy then caught him by the collar, took out bis baton, struck him on the hip with it, and it broke. There was a witness named Michael Gallagher, whom he (Lynch) had since tried, unsuccessfully, to find. Lynch then ran home. About, half an hour afterwards Herlihy came to the house and demanded admission, which was refused. Lynch was sober, and had done nothing to cause Herlihy's behaviour. Cross-examined—He did not kick Herlihy, nor had he him down on the ground. Herlihy, when beating him with the baton, tripped and fell; Lynch then ran away. He had not been driving his cab for two or three days. Had only two glasses of shandy-gaff in that time. He had a black eye, which a Mr Conlan gave him two days before; he had a drop of drink in then. He was not making a noise when the constable came up. Berlihy did not ask him to fro home before he drew his baton. Lynch did not complain to the Inspector of Police, nor to any other person until two days after the assault, when he laid the information. When Herlihy came to his house Constable O'Connor, who is stationed at Sydenham, was with him. On the next night Lynch told O'Connor of the assault. Michael Hamilton, cab proprietor, said he had known Lynch for many years, and considered him to be a good, steady, quiet man. Sarah .Lynch deposed that her husband had been at home half an hour, when two men came to the door and demanded* admittance. She advised him not to open the door. Afterwards she saw that her husband's lip was blackened, and his throat was scratched. Be was sober. Harry Whiteford deposed that on September 30th he was driving for Lynch. At 1 a.m. he got a job which occupied the cab till 4 a.m. At both these hours be saw Lynch was sober. When witness returned at four o'clock Lynch complained that Herlihy had ill-used him. Witness was employed by Lynch to drive for two or three days whilst he recovered from the effects of some row he had been in. Frank Mulholland, a cabman, said he had known Lynch for ten years. He was a quiet man, and reckoned a good cabman. Un the night in question witness saw him, drove him home, and -he was then sober. James Ferguson gave similar evidence, He was in the cab with Lynch, who was quite sober. It was about a quarter before twelve o'clock. H. Ball also spoke to Lynch's good character. This was the case for Lynch. Patrick Jeremiah Herlihy deposed that on the night named he was on beat duty from 9 p.m. At about 1.30 a.m. he saw Lynch, with some others, making a disturbance near the Grain Agency Buildings.He told them to clear . out and go home. They dispersed. At 2.15 a.m. he saw Lynch and another man in the City Hotelright-of-way. They were quarrelling. He told them to clear out and go home. He then walked away. They did not move, but renewed their quarrel. Witness went back and again told them to go away. Lynch replied with most disgusting language (quoted), and said ;.■_.. would stay there as long as hepleasta. Witness then took hold of Lynch by the collar to arresc him, and saying, "I will give you a place to remain for the night," took him out into the street. Lynch struck at witness, and putting himself in a fighting attitude, sang oat to his companion to get hold of witness and they would give him (witness) a "doing." The other man took bold of the cape worn by witness and pulled him, while Lynch hit oat. Witness then drew his baton, and struck Lynch. The baton "went in halves "(baton, which was in pieces, produced). The handle of it was broken before this occasion, and had been mended with copper wire. Lynch sang out, " His baton's broke; let's go for him. The other man put witness* cape over his head, blindfolded him, and commenced kicking witness, who wasalso engaged with Lynch. Witness and Lynch then rolled on the ground; both were "working"at witness all the time, kicking him, and keeping him down. Finally they got off him and ran away. Lynch ran down Colombo street. Witness followed, but could not overtake him. Witness then went to Constable O'Connor, who accompanied him to the house of Lynch, who would not admit them. Witness then returned to the. Police Depot, and reported the occurrence to the Sergeant in charge. Mr Weston cross - examined Herlihy at great length, without eliciting anything further. John Webster, night porter at the City Hotel, stated thdx on the night named he saw a man running away, and Constable Herlihy was on the ground in Colombo street. Witness had been told of the row by some one who came into the house. Lynch had changed £1 in the house previously, perhaps an hour before. Witness had been interviewed by Constable Duggan about this matter, and had told him that he saw the man kick Herlihy,. or rather he thought he kicked him, but the motion might have been the act of the man in getting up. Witness did not tell Duggan that Lynch and the other man were drunk. On further consideration he would not, however, swear that he had not told Duggan so. Cross-exa- ; mined—When Lynch changed the note he was perfectly sober. Herlihy did not J exhibit many traces of an assault. He was on the ground, his clothes were covered with dust, and he had lost his hat and baton, which witness helped him to find. Constable O'Connor gave evidence as to what had taken place at Lynch's house, as before related by Herlihy. Lynch did not then make any complaint to witness about Herlihy. Witness, on the following evening, saw Lynch, who told him that on that morning he met Herlihy who told him to dear out, they then had a bit of a quarrel and he, Lynch, had got a blow- of Herlihy's baton. This completed the evidence called in support of the information, laid by Constable Herlihy. Mr Westenra said the Bench, finding that in these cases it was practically oath against oath, had decided to dismiss them both. Dismissed accordingly.