ALLEGED ASSAULT.

Press, Volume LVIII, Issue 17645, 23 December 1922, Page 8

ALLEGED ASSAULT.

CHARGE AGAINST CONSTABLE. At the Ashburton Magistrate's Court, yesterday, before Mr E. D: Motley, S.M., Constable Charles Rcss, for whom Mr A. K. North'nppeared, was oharged with having assau'ted Alexander Hardd Forbes, at the Chertsey Hotel, on the night of November 11th. Mr G. H. Buchanan appeared for the informant. The charge .arose out of a visit Constable Ross, acting under special instructions fro-m the officer in charge at Ashbuiton, paid to Chertsey on the night of November 11th, ;rad! finding several men in the bar. The informant said he was a labourer, and at the time of the alleged assault was ii boarder in the hotel, -where he had been staying fori about nine weeks. On the night in question he was sitting reading 'in the sitting-room adjoining the bar. He . heard voices in the bar. About 9 o'clock a man opened tho door, asked him what ho was doing there, grabbed him aoross the shoulder, broke . two buttons off his shirt at the necls, and flung him into the bar. Witness at first thought it was in joke, but afterwards got very angry, and felt like) striking the man. Tiie man told him ho was a. constable. Witness then produced a bill for his board, to show the constable that he was a boarder. Henry William Priest, Thomas William Hart (the licensee), and William John Kemp each gave evidence to the effect that Ross grabbed) Forbes by the neck or shoulders and flung him into the barThe defendant said he was sent out to the Chertsey Hotel on the night in question, anci found a number of men in tho bar. Ho denied absolutely having in any way assaulted! or put his liana on Forbes, as Forbes was perfectly quiet and friendly, and when asked to produce evidence that }i& was a boarder produced from his pocket a receipt for £5 odd for board. Tho defendant was subjected to a very severe cross-examination by Mr Buchanan, .and stoutly denied that he had put his hand on Forbes &r in any way assaulted him. The alleged offence took place on the night of November llth, but the information was not laid till December 13th, and several days alter an information had been laid against the licensee of the hotel. Nathaniel James Black , gave evidence that lie was in the Chea'bsoy Hotels on the night of November llth, and flaw Roas pull Forbes into the bar. Constable D. Johns, of Darfield, eaid he had been requested! to interview Black, who stated that he had, seen no assault, bub refused to sign «i statement to" that effect. Subsequently Black said lie saw Ross lay ,a. liaiidj on Forbes, but did nob think it was an •assault. The Magistrate said it was a pity that so much had been made of a trivial matter. He was satisfied that Ross Ijad laid a. hand: on Forbes'a shoulder, but if that wns an assault it was a merely technical one. He was fully satisfied that if Forbes had not' been unduly influenced and left alone iw> such charge would have been lu'id against Ross. There was something behind the chflrge, and lie was satisfied that Forbes ha/1 been induced to lay the information with ulterior motives. This was perfectly clear to anyone with any com mo nsense. It was significant, too, that the charge of assault\ had not been laid till a few days after a; summons had been issued' against Hart under the Licensing Act. The defendant had, perhaps, show*n over-zealousness in the executiori of his duty, but the very worst that could be said of the present breach was that it was a merely technical one.. To lay his hand on a man's shoulder was a perfectly natural thing for-a, policeman to do, but in so doing he must understand that he laid himself open to have a. trumped-up charge, such as the ptreserit one, brought against him. The case would bo dismissed without oosts to cither side.