THE MOUNT EDEN GAOL CASE

Press, Volume LXI, Issue 11954, 5 August 1904, Page 5

THE MOUNT EDEN GAOL CASE

WARDER'S ALLEGED ASSAULT. During the continuation of the Mount Eden Gaol case, in which L. Jay accused a warder named O'Reilly with assaulting him, while ho was a prisoner on remand, evidence was given by Warders Dinoen and Prendergast, ex-Warden Hamilton, and several prisoners, to the effect that O'Reilly kicked plaintiff several times with his knee, when he refused to bo photographed. It was also alleged that defendant punched plaintiff in the face with his fists. Mr J. C. Martin, in opening tho case for the defence, said the Police Department wished to obtain Jay's photograph for a comparison with an Australian photograph. On Jay objecting, the gaol authorities communicated with headquarters, after which, Warders Ironsides and O'Reilly, were instructed to' use force if necessary, even to the extent of using the figure eight handcuffs. Warder O'Reilly denied that Jny was hurt by the handcuffs, or that ho kicked Jay, asserting that when Jay refused to approach the photographer he merely levered him with his knee, compelling him to straighten up. " He was compelled to use force owing to the plaintiff's violent behaviour, which he described as like that of a maniac. When Jay was charged with resisjsuice and using obscene language be-foro-Wie gaoler, ho had made no complaint of being assaulted, and he had not complained to the visiting Justice, tlie Hon. Tlios. Thompson. A number of dischargea were put in testifying to O'Reilly's good character, and efficiency as a public servant. The photographer stated that he saw no marks nor blood on Jay's wrist when the handcuffs were removed. O'Reilly did not strike Jay in the faoe, and could not have done fo without witness seeing it.