SOLDIER V. POLICEMAN.

Dominion, Volume 2, Issue 313, 28 September 1908, Page 11

SOLDIER V. POLICEMAN.

CONFLICTING EVIDENCE. BAD LANGUAGE ON. A FERRY BOAT. 1 (BT .rELIGBArn.—SPECIAL COnitESroNBENT.) ** - Auchland, September 2G. -■ The attention of-Mr. B. W. Dyer, S.M.,' f was engaged for a considerable time at* tho Polico Court yesterday, in the hearing of a charge of bad language preferred against"n , mcmber of the Permanent Force, Alfred Bolton by Constable Eugene Maker.'.:.; Neighbour..preferred a like,charge sgainstj the -constable. The informationagainst Neighbour, for whom Mr. J. R. Reid ■ appeared, .was taken first. Station-Sergeant ' Hendry'conducted' tho, case for tho tion. .;He,;stated that complaints had reached tho police that tbo conduct of some , of'tho mal«'^ passengers' on ■.board"' tho. late ferry boats , from; Auckland to Dcvonport T.as not what'it'shpuld be, and accordingly, on August 29, Constables Maher and Liston were,detailed for; special duty on the . Kestrel, which left ;,the ,ferry: tee at 10.30 p.m. On that bbat"|Was_;.the defendant, and it was alleged that /during '.the journey, across hoJmade use of''an. objectionable remark to 'Constable Maker.; '-.The defendant and a number of hisicomrades: were in plain clotheis at the time/;':. ' Vi- , ' ppiistablo Maher stated that his attention • ira's first, attracted by tho defendant offering •to fight .any passenger, aboard- i>he .ship. ,Witness'.^erit'up to Neighbour antl advised him to desist,; but defendant then swore at him. ConstableListon. came up, and Neighbour j also Expressed desire to fight him.' When the ;.boat t ; reached Devonpoit Neighbour's comrades.";jiput ;liim into a 'bus, : and the veliiclo.drore off, while witness, was looking f "constable; in uniform, both he and Lis- . ton.being.,in plain clothes at the time. Cross-examined by Mr. Reed, witness said that Neighbour did jiot remark to him when first approached that he (meaning witness) did'not ■ "rule the earth," although' he was a .' ' V Mr.;vjße{4 : y<m. not reply, "And who nigger -Witness :I. did not. In 'rasMpso to a further question by Mr. Reldi;,witness said that a Mr. Blomfield had come mfets him, and. told .him that he (witall the trouble by calling Neighbour a 'nigger. ( Blouifield was intosicat6d. ' Constable.. Liston gave corroborative 1 evideh*ce.-:: y'ci-',.i • For-.tho..defence Mr. Reed first called Wila passenger by the boat, who' stated .;,that he was part proprietor "of tho "Observer'.''newspaper, and resided at Takapunn. , Dpfondant and his mates were indulging;, in. a Jittle horseplay, but no disturbance occiirred until the. constable ■ arrived on the ROfine'. J * Then-, Maher appeared to .offend Neighbour , by calling him'some kind of a nigger," and the latter applied ail objectionable epithet to the constable. Witness certailv ,;hoard some • adjetcives used, but they were "not-of a gross character. He denied, thatiheywas under the influence of liquor. Sergeant,Hendry: Did you not say to-the - constables"after, am Mr. Blomfield of the'Observer'.?"—Witnessl ir ay have said that.,; v; . . , . ; And-did you not say, "This man .will lose , .you must report anybody, reporfc. m 0... Say tbat Blomfield. was drank and disorderly, .or. dancing.a haka, .or .anything you _;h'l:e?"— Certainly not. . Didk'you. not say that if tho constables reported;tho, matter you. would see that they were'dismissedi as you were a friend of InBpebtor; CuHen Ml deny that- • Mr,.' rt Dyer f (to Sergeant Hendry): Have you evideuco.of- this, sergeant? , „ .; . . Sergeaiht.'Hendry: Yes, your Worship; I kavo,.the .two constables, who are prepared to g'o'ihfco the witness boi and state that .Mr.. Blomfield said that". In. reply .to a further question .by Sergeant Hendry,'- witness , said""that ho had seen In-' spector Cullen about the occurrence, but it . was inotj.in conncctinnV.T>'ith-, any..suggGstion that thp; prosecution should'be dropped. Gunner of - th§ i Permanent forcivisaid ;that shortly Rafter ./leaving, the- ; 1 ferry,-teehe and Neighbour were having a little joko by impersonating Burns and Squires,' and as witness was being " counted out, the constable came up and caught hold; of ./defendant, and. asked him what "ho wasidoing.f Neighbour resented this, and the constable;,then which seemed to further,incensa him, and it appeared as if defendant was going to strike Maher, when some,-of ;his'mates) held him back.. Neighbour,Md partaken of liquor during the evenmg,: but he was quite capable of performing his, duties rat the fort- had'he been called : upon-to do .so. Defendant, a qnarter-casto Maori, said ho nad .b.een .in the Permanent Force for' over twelve, years." : He said that he had been navingi.some .fun with M'Revnolds, when tne/.constable-camc up' and asked him" what he:.was.doing, and at tho same time told him that he.waa a member of the Police Force. ; witness . then told him that the earth was not for.,tho_ benefit of. policemen only, .when Maher replied, "Who are-you, yon . buck rugger." This incensed witness greatly and ;ho" : made use of some phrases to Maher - but,{they 1 were not those contained in the charge-sheet. • ■ other witnesses gave evidence, including. y young man -named Grubb, an employee of the D.1.C., who said that he heard Maher call Neighbour "a buck ni<r- ■ a Lieutenant Smythe, ,of ; the ' Permanent Force,'gave the defendant a firstrdass charftcter.j.:- This concluded the evidence. In-.giving judgment, Mr. JDyer remarked 5? fP. 0 -, 0 ?'' 80 '' that the evidence was very con-' ' mcting/ ' As to what happened on the Kestrel' the .•accounts varied, but the quostion arose' ' whether -the constables,"had told the/truth or fabricated a story. The witnesses for the • defence, had said that they did not hear the remarks contained in tho charge-sheet, aiid Vl°ir s , ay that" those witnesses were not telling the truth, as it was quite possible during ;a : mix-up such' as appeared to have occurred -that one' person wotild hear one ' thinfeiand. another another; but lie did not think-it,at all .likely that a; constable'who nad been,detailed ou on- special' 'duty*wouldgo up to a passenger on a boat and address Temarks to him such as were .alleged to have been used. Tho man would be a lunatic to ♦ a thing," said Mr. Dyer. . r - ' then rose and'said he had krtown Neighbour for., some time. .'Ho had occasionally done police' duty, and was a vory. decent fellow, as- : iVere the regaining, members of the Permanent Force/who w«re,.not.;tho sort of men, in his opinion, to concoct, a story, even 'to get another man out 'of' a "scrape; * ' - "• _ Continuing, Mr. Dyer said that; 1 if Mr. he would impose ''a fine of in order that he might be ible to appeal. The case'was nurelv one of-facts. .--7 ■'>' . replied 'that ho woiild not appeal in the prssorit instance, but intended to see the'; counter-chared - through. Addrewing tho defendant; 'Mr. Dyer said he'< thought that 'the trou bio was caused through • being three-parts '-under the infiuhnuor.'' '.It was the first'conviction of its . kind,' and in fining "tho defendant he would ,-take into consideration his past good conduct,-bat lie had also' to remomber that the ojience took placo ori» a ferry boat which contained.-^ lady passengers. The defendant" wotild bo fmod £3 and costs 7s. The | counter-charge . was then read out MaHor, and he pleaded not guilty. ;Ml-. Selwyn-Mays appeared for him, i* a^ree same cvidencc l i*®ard in respect to the previous charge: should apply to the present case. Mr./. Dyer , said ; that tho language complmnrd; of had probably been used, but ho was/not satisfied. that it was .uttered by Mcher, The."charge would be dismissed. N r --: th f n ' applied for leave to appeal. •..which was'granted, the security beine' fin'd.at £10. ". .. . b Mr. Mays/asked for. costs, as. Neighbour was acting as complainant in a privato capacity," *nd he was allowed £1 15s.

"Just for tho day I'll bo away," Remarkod his wife last Saturday. "If ivory'"dog must have his day, Tlion/why.not every cat her day? I'll take Woods' Great Peppermint Cure, Bfcause that's indispensable, And ma will go with me, I'm sure Yon ought to think that's sensible!" (He did!)