CAUGHT A TARTAR

Evening Post, Volume CXXIV, Issue 36, 11 August 1937, Page 13

CAUGHT A TARTAR

SERGEANT ASSAULTED

MISTAKEN IDENTITY.

Incidents in Abel Smith Street at about 9.45 p.m. ■on Saturday led to the appearance before Mr. E. D. Mosley, S.M., in the Magistrate's Court today of Edward Samuel Bowden, a motor-driver, aged 32, on charges of assaulting Edwin WiHiam Straffon and of using indecent language. Mr. J. A. Scott appeared for the defendant, who pleaded not guilty, and Sub-Inspector J. A. Dempsey appeared for the police. Sergeant Straffon said that when he was in Abel Smith Street on the evening of August 7- on duty in plain clothes he saw several men come along. They were intercepted by the son of the licensee of the Victoria Hotel. The men looked towards him, and then Bowden came up to witness, seized him by the lapels, and said witness was the one who punched him in Wigan Street. He then used indecent language, and said . that he would fight. John Brennan, who was also one of the party, then came over and apologised. He then tried to drag Bowden away.

Cross-examined by Mr. Scott, witness said that he was in plain clothes with the authority of his superiors. He was standing on th-; corner between Wigan and Abel Smith Streets. He would not say he was watching the hotel. The men passed him, and the defendant came back and seized him, first by the lapels, and later by the shoulders. He subsequently apologised.

In. evidence, Bowden said that he had been to the football match, and had had some liquor. Shortly after 6 p.m., he was involved in a fight, and received an eye injury At about 9.30 p.m. he left home to get some vegetables. He lived in Wigan Street, and went from there towards Cuba Street. On the way, he passed a figure which he thought he recognised, standing in the shadows. After going some yards, he turned back, confronted the figure, and accused the man of being the one who hit him previously. Thereupon the man raised his head, and witness recognised the sergeant. He did not lay hands on the sergeant. PREVIOUS ENCOUNTER. Cross-examined, witness said that the mark on his eye was partly caused by a blow. Part of it was caused by a fall. The fight occurred at 6.15, and the offence with which he was charged occurred at 9.45 p.m. O'Hanlon, the licensee's son, was not there, and did not speak to him previously. The sergeant was in the shadow of a lamppost. The defendant said nothing about Wigan Street. The words used by the sergeant were, "Did young O'Hanlon send you over here to pick on me" Johrt Whitman, father-in-law of the last witness, corroborated this evidence. Three of them went out to get the vegetables,, he said. They passed the man on the corner, and Bowden, remarking 'that he thought it was -the man who had hit him, went back. They waited, then went to i where the sergeant was holding Bowden by the wrists. Witness said: "He I made a mistake." The sergeant' replied:. "It makes no difference now, he's under arrest." The son of the licensee of the Victoria Hotel did not join them until about 10 p.m. or after. John Brennan said that he went round to Bowden's house after tea. The three of them were going towards Cuba Street. They heard no call or signal from young O'Hanlon. When he.and Whitman"'went .back', they did not see Bowden raise his hands or use bad language.

"It is perfectly clear to me that the sergeant has given a clear account of the incidents," said the Magistrate. "Fortunately for the .accused, it is more of a technical assault than anything else, otherwise the .defendant would have been sent to gaol without the option."

The defendant was fined 10s, in default 48 hours' imprisonment, on each charge.

ANOTHER CASE DISMISSED.

John Brennan, a labourer, aged 36, pleaded not guilty to obstructing Sergeant Straffon in the execution of his duty. :

Sergeant Straffon gave evidence that after Bowden accosted him, the others came over and held Bowdeh's arms. Brennan tried to pull Bowden away from the sergeant's grasp. He was slightly under the influence of liquor. "All right, I'll get you later," said the witness."; .

Mr.- Scott: ', Wasn't he assisting you to arrest Bowden? Wasn't he subduing/ the prisoner?— No.'

Then you took Bowden to the station, came back, and put Brennan in for the night?—l did.

■ Brennan then gave- his account of what happened. . ■

The. Magistrate: Did you try to restrain Bowden?—No. . ■ '

Sub-Inspector Dempsey asked a similar question, which' the defendant also denied.

The Magistrate: Don't you see we are trying to get you out of a hole?

The: case was dismissed.