EFFECTIVE HOLD

Evening Post, Volume CXVII, Issue 49, 27 February 1934, Page 15

EFFECTIVE HOLD

KAN'S ARM BROKEN

EX-BOXER V. CONSTABLE

FIGHT IN SYDNEY STREET

Well known throughout Now Zealand as a former professional boxer, Nelson McKnight was convicted in the Magistrate's Court yesterday afternoon on six charges arising from the recent Saturday night affair in tho Western Park llotol and the ensuing stroot fracas between a group of men and two police constables, father and son. McKnight appeared iv Court with his right arm in a sling,'it having been broken when he tried to escape from )i hnmmerlock applied by Constable Cleverley, sen. ACcKnight, whose .ago, was given as 30 and occupation as a plumber, pleaded not guilty, and was fined £2, in default one month's imprisonment, on each of two charges of assaulting Constable Alfr.ed ■ Clevcrley in the execution of his duty and of resisting Constable Gordon Cleverley' in the execution of his duty. Ho was fined £2, after pleading guilty, for being found ou the licensed premises of the Western Park Hotel after hours, and £1 for failing to quit tho hotel at the request of the licensee, to which he pleaded not guilty. Ho pleaded guilty to destroying a door panel valued at Ss 9d, the property of tho licensee, and was convicted and ordered to make good the damage. for being found drunk in Sydney Street West he was convicted: and discharged, although ho pleaded not guilty. Senior-Sergeant J. Dempsey conducted tho prosecution, and Mr. R. Hiirdio Boys appeared for McKnight. '" '' VOUT " FOR' &' BR'AWt? v ' ~n'

Constiblo A T Cloveiley described Ins visit to some men in an office in Tinakon Road, where he "went on the night of Fobiuary 3, accompanied by his son, Constable G "G Olove-rley, to mquiro about damage done thit even ing at the Western Park Hotel. At the request of the police the" men loft the oihee, some taking empty bottles ft nil them Tho two constables went with them as fai as the cornei of Tina Icon lldad and Sydney Stiect West, where tlicj shopped, pleading with the men-to lcavo quietly * i " A.pparcntlv the men were out for a biawl," said Constablo Cloveilej, !>on "MeKnight suddenly/ made a smack at my-son, who beat him to the punch MeKnight stepped in and- en dei\ouiod fto^stuke my son with'an empty bottle I struck him ■> with a baton Lobb handled a■> bottle in"1 a threatening- manner, and I-strUok him. with the baton Lobb, 'Jackson^ and McKenzie then ran down Sydney* Stieet West and Lpbb tuined. .while running p,nd ihiQw a bottle-oat me. /^>l saw* it coming and ducked^undgr 'r£ ra time to save fmj self getting it lull j.n the face. Tthrow my paton at his legs in an endeavour; to bring him down. I missed him and it struck the kerb and split in half McKen/ie throw a bottle >to where my son and MeKnight were on tho ground A third bottle was then thrown, but I had my back to the-* three men" I came back to wheie my son and MeKnight weio smuggling on the ground and I handed my bon jnj handcuffs, instructing him to handcuff MeKnight I wis then struck on the bacK with a stone, and on turning I ft as stiuck on the left hand I rau after these men again MeKnight was diunk and knocking him self about unnecessary. I returned to my son, who was still stiuggling with MeKnight, and f Jie. inioiniod me that the handcuffs had been bent in the struggle and that he could not closfc them I ipphod a hammerlock to Me Knight's right arm and requested mj son toilet him up. and to go r a\ui\ foi a car ~ A-s soon*as'iny son released Me Knight, he (MeKnight) endeavouicd to kick me % He 'jerked violently away and I heard his aim crack I was of. the opinion that Ins elbow was dislo cated I had lifted him from the ground with the hammerlock Begird less of his broken arm he still stiuggled and did not seem to ease up at all I was compelled to hold him on the ground The ta\i amved and we went to the Centipl Police Station While I was seaiclung MeKnight it the station he stiUck mo on%tho mouth '• , BATON" WOUNDS SUGGESTED. *" "You aio at considerable pains to justitj yourself because of MeKnight >s arm being biokcn?" Mi Hardie Bojs asked The constable icplicd in the negative and said he was sony Me' Knight hia been injured Counsel At what stage was Mo Knight assaulted with a baton" —At no stigo was ho hit Tho constable drmed that h<j had 'caubed baton wounds His son had no biton The constable denied grabbing JMcKiught by the bio'kcii aim in the watch hoiibo, and denied that thati was the causo of MeKnight striking out In his evidence,, Constablo G. Gv Clc-verlcj. slid thit ho did not have a baton oi use ono. {hat night He know that MeKnight had been a piofessional box;er, and tho witness' himself had boon an amatcui bo\ei In cross examination by Mr Haidio Boys Constable Clc\crlcj said that tho wounds on MuKmght's head were received through Ins falling against the kerb. jThat was .tho'v truth and was not a stmy "to explain away" the wounds Tho witness said that he did not use the handcuffs as a weapon Fuithei police evidence was given by Lugene Fiancis Lojdon, who wis nc-sed a lot of tho disturbance, and by Constable H H v Lowe, who was on duty in tho watchhouse when MeKnight committed-the 'alleged assault-on XDleverley, sen, ■'••.' ■ -.; . . . "More hangs on it than this particular case," said Mr.' Hardie; Boys :in opening his defence; referring to possible.civil proceedings. v" ■■"'■ The Magistrate remarked that that had been referred to several times during the case, and need hot bo mentioned , again, y . ' ' MCKNIGHT'S VERSION. McKnijght's evidence .was that he was behind tho rcst'of tho men when, -they left the offico at the request of the police. When'ho got'to : the corner of Sydney Street he saw' McKenzie, who was his partner, arguing, with tho two Cleverleys. He urged McKenzio to come away, and with McKonzie walked along Sydney Street. After about thirty yards he missed McKenzie. Ho continued to walk slowly along, and ho received ttv ..blow A ,ou;.,sh&- Jba'ck,. of,. the , head' that knocked' hun'-cldWii'. As he was scrambling to his feet ho saw the cream trousers !"of''OleVerlfey/'iuji ;Bc- - .fprpihe. got Ito"his : iiijgt%ei*reeeiVed -two more blows on the back and side of his head. He saw a baton in the hand of. Cleverley, jun. As the ; witness-was getting up. he swerved his-head, and the , en(J P? the-baton" caught'him near the ; left ear. "I regained my feet," said , MeKnight, "and just grabbed Clevorley, jun., when Cleverley, sen., had my arm in some sort of lock, It could not have been a ha'mnierlock because of the extensive bruises inside the biceps' which aie never done with a hammer lock." v , . The witness continued that 'at the police station Cleverley, sen., came up to ; him, and callously and maliciously grabbed him by tho broken .arm. Therefore the witness struck Jnm. Cleverloy then started to punch him. , To Senior Sergeant Dempscy, MeKnight said that ho was not adier, but he ceitainly was not drunk. , \Evidence-pf iMcKnight?^ injuries. Tgas-

given by Dr.: T. C. Sutherland, house surgeon at .tho Wellington, Hospital. THE MAGISTRATE'S TINDING. " [ am going to take into account the fact that the man has been'severely punished already," said Mr. W. F. Stilwell, S.M. "I am satisfied that the prosecution has mado but a' ci\so which has not been shaken, and I am also satisfied that there is no evidenco to establish the fact that the'man was batoned ou the" head by Clevcrley, jun., as was suggested."

Mr. Stilwell said that he had heard all tho eases concerned with the particular incidents, and had como to the conclusion that the parties were full of liquor. All except two had .given most extraordinary and conflicting accounts. The men woio out on an afternoon's and an evening's jollification in which they consumed a fair amount of liquor of different sorts, resulting in their appearance before the Court.

McKnight was convicted on all rhnrges, and was allowed two months in which to pay, in weekly instalments.