CONSTABLES CHARGED.

Dominion, Volume 2, Issue 515, 24 May 1909, Page 4

CONSTABLES CHARGED.

ALLEGED ASSAULT. THE AFFAIR NEAR THE POST OFFICE. A start was made in the Hagistrate'6 Court on Saturday, before Mr. W. G. Riddcll, S.M., with tho informations againet the two constables, John Edward Watson and Win. Joseph Gardiner, alleged to , hare bean concerned in an assault on a man and woman in the vicinity of the General Tost Offico. As on tho other occasions when these oawn were called the Court wne crowded with curious spectators, . . '. ; THE CHARGES! Defendants wore jointly charged (1) with having, on May 10, unlawfully assaulted one Win, Rolfo and (2) with having, on the same daw, unlawfully -assaulted one Florence Beatrice Rblfe. ..'■-... '■: Inspector Ellison oonduotcd the oase for the prosecution, Mr, Hardman watched on behalf of Mr. Rolfe, and Mr.' Wilford appeared for defendants. ... With the consent of Mr, Wilford; it was de« elded to take the ..tvy> informations together. Insneotor Ellison informed the Court that tlie allegation was,'that the' two defendant* bad a dispute—not a very serious one—with a oomrado Constable Clay, and Mr. and Mrs. IColfc, who wore passing atjtko time, saw the men scuffling. Two of the men appeared to be on to tho other one, and Mr. and Mrs. Rolfe thought the third man was not getting .fair Play, and that a serious assault was being committed. They, therefore, interfered, ana requested the two men to leave the third one alone. The Muffling partly stopped,' and Mr. and Mrs. Rolfe interfered again, and the third man broke away. Thereupon, it was alleged, the other two turned on the Rolfes, one of them striking Mrs. Rolfo aud both striking Mr. lvolfc. Mrs. Rolfo received a rather severe, contusion'on'-the face and a bump on the baok of the head. Dr. Elliott had elated that Mrs. Rolfo; was now alrright, and would be able to appear in Court by Tuesday. , A SEAMAN'S EVIDENCE. .-'.''-. James Asbury, seaman on the 'steamer Kei. para, stated that ho was ashore on loavfe on tho evening of May 10, together with another sonman named O'MU, when his attention.:woe attracted by two men struggling with a third man, near the Government. Life Insurance Building. Witness identified the two defendants as two of the party, and the third man. who was ibOing attacked, was Constable Clay, u ltiiess described the early stages of tho struggle between tho men, and went on to 6ay that subsequently a man and a woman came alonr and: ur B ed tho two men to desist. The third man in the scrimmaßing party got away from the other two, and told the man and woman that it was all right-they were Only having a bit of. fun,'.' He (Clay) then walked away, aud tlio other two walked up,to the man and woman, and asked them what business it was of theirs. Watson walked up to the man, and witness said; "What are you men handling that nian like that for P" and then turned to walk away.' Watson made a strike at him, and witness ran, Watson following for a short distance, and then turning and hitting witness's mate, O'Noill.'on the.side of the jaw. ONcill aleo ran away, and witness, then heard a woman soream, and saw the two defendants apparently dealing blows at Mrs.. Rolfo, who was falling!, -Witness andhis mate ran over to see what was the matter, but : the two defendants had gone. A crowd gathored, and a con. stable m uniform camo on the scene.' Gardiner came bank, and was recognised by' Mr. and Mrs. Rolfe,'and by witness as one of the assailants. 'Rolfo asked that the man should bo taken into oustody,: but the constable re-fused--'to take any action, saying .that ne know where to i find the mau when ho was required. Witness nsked Gardiner whero. his mate was, and . Gardiner replied that he knpw nothing about-the matter. Ho said, ho had just cot off a tram.. Witness noticed dust on Gardiner's hat, and that his collar and tiis were all out of Slace,- Subsequently witness, Mr,' and Mrs, olfe, and O'Neill went to the Larabton Quay 1 police; station. Witness had no doubt about it that the woman who went to the police station with him, was the same woman "that spoke to the men when they were fighting. He also had, 'no'- doubt ■'wUatevcr about Gardiner being there/ Tho. day following tho assault witness identified the three nlon oonoorned in the, struggle, pioking- them.out,, from among about twenty constables in plain clothes.' ,-'" ; To Mr. Wilford.-WitnessVmato O'Neill was struok'by Watson. He did not we. either'the man or the woman actually, struck, nor did he see the.'woman knocked '■ dftwn, 'nlthongh : he saw ;3ome. one picking;hor v up.-. H .Witness:did not'see Rolfo doins? bis best to. strike ."Wateon just when 'Mrs.'..; Rolfo' 'was coming up behind her husband.' Ho did not seo anyone kiok either , .of the defendants or seo Watson punched on the side of tho ear or cut on the forehead or face. Witness cbuld not see if Rolfe struck either of the defendants. Ho heard tho womnh say the two men were "dirty curs." Clay replied to her that there was nothing to worry about, 'as they were only having,n, bit of fun, Clay shook hnrfHa with both l£r.' and Mrs. Rolfe, and thanked Mrs. Rolfe, and again said it wne only a bit of fun. Gardiner denied hav- . ing anything to do with .tho matter on two or three occasions. Witness would not swear that Gardiner struck anyone.. Hβ would not swear that Watson actually struck anyone besidoj , O'Neill. ""...,.•. .'■■ . ■■■ '.-, ■;■'. ~ . s -■ '.; . ANOTHER EYE-WITNESS. Wm. O'Neill, seaman on the steamer 1 Koipara, ■ who was. with the previous witness on the evening fof May 10, stated that at about 7,20 p.m. he eaw, two men handling a third man, rather violently, near, tho Post Office. The third man got away from the other two; and walked off towards the main entrance to the wharf, ' tho other two, one of whom ■he recognised as defendant Watson, following. The third man (Clay) oame baok, and till other two followed him and overtook him bf the "W" shed on tho wharf, where ■ onothei ' 'struggle ensued.' At this stage a. man and a woman came on tho scene and remonstrated With the two men for attacking the one, tho woman calling the two attacking men "curs" for attacking one man. The apparently assaulted man (Clay) came forward at this time arid said: "It's till right missus—it's only fun, .or'something'to that effect. The two men who had been deiug the ; attacking then asked tha man and woman, what they were doing, and they replied that the , man 'ought to get fair play.. The , two men came towards witness and his mate, and Watson struck at Asbury aud hit witness, the blow grazing his lip and taking somo ski no. Witness then ran, followmf his mate, who had retired when the blow wai aimod at liini. When he looke/1 round on hear ' ing a woman* scream, ho saw tho woman hat been knocked do«ri and tho two men then ran away. Ho could not swear which , of tho two men struck the blow. Both men were nnpnr-, ontiy striking nt the man: and woman, but hi could not distinguish which blow, caused the woman to-fall.- He would only swear to :\ynV son being present. , , To Mr; ; Wilford.—Ho would not swear tha' Gardiner'.struck a blow. He was positive ; t'.ial Watson struck him (witnewV nnrV '" "■"; •*••■ son striking in tho direction of Mrs, Rolf« just as she fell. .Uo could not s,»ear >tiuit Watson struck her. . . - ' "■ At this stage the caee was further adjourned to May 31.. : ■' . " : Mr.-Wilford asked that Drs. Holmes and Elliott should be iiuthoriecd to make an independent examination of the woman alleged t« have been assaulted, and his Worship said ho had no objection to such a, course. ,