POLICE CONSTABLE ASSAULTED

Evening Star, Issue 20989, 31 December 1931, Page 8

POLICE CONSTABLE ASSAULTED

BALCLUTHA TAXI-DRIVER CHARGED [From Our Correspokde.tt.] I3ALCLUTHA, December 31. At Balclutha yesterday morning, Sidney George Smith, a local taxiclrivor, was before Messrs W. Roy and G. AV. AVood, Justices of the Peace, on four charges arising out of an incident which occurred on Christmas Eve. The charges were that on December 24 • he was drunk while in charge of a motor vehicle, that lie used obscene language, that he resisted a police constable while in the execution of his duty; and, further, that he assaulted a police constable. Sergeant Armstrong conducted the prosecution, and counsel for the defence entered a plea of not guilty to all charges Constable John Fceley, in evidence, stated that at about 9.30 on Christmas Eve he was at the railway station and he saw the defendant there in a stupid, drunken condition. He watched him and saw him leave the platform and climb into his taxi. Witness then took him in charge and proceeded to the police station. At first Smith went quietly, but later be resisted strenuously, and eventually drew a quart bottle of whisky from bis pocket and struck witness on the side of the head with it, half-stunning him. Ho then kicked witness in the stomach and swore at him. He then escaped. Witness followed and made a second attempt to arrest the defendant, but was met with further resistance He then left Smith, who surrendered himself to the police on Monday morning. Witnesses were called by the police to give evidence as to Smith’s condition at the railway station previous to the incident. It was stated that it was apparent that he had had drink during the evening. Counsel for the defence contended that the whole matter had been grossly exaggerated by the police. The defendant complained that during the whole year he had been “hounded” by the police, and that he was not being treated fairly. Defendant would admit that he had had three wines during the evening, but not that he was under the influence of liquor. .Ho had resented being arrested, and the incidents complained of were merely the natural sequence of his resentment. _ In evidence the defendant denied that he bad used a bottle as a weapon. His concern was to get rid of the bottle before he arrived at the police station. He pulled it out of his pocket and threw it away. He did not know where it went to. The constable made a rush at him at this moment, and apparently the bottle had struck him. Ho complained that the constable bad kicked him twice. After the constable had left him he went to see a doctor about his condition. At this stage defendant’s counsel withdrew the previous plea and pleaded guilty to the charge of resisting the police. The Bench gave its opinion that the defendant was under the influence of liquor while in charge of his car, and in view of the fact that he was a taxidriver plying for hire a serious view would be takm of the offence. On this charge the defendant would be convicted and fined £B, and his license would be cancelled until the end of the current term. For resisting and assaulting the police the charges were taken jointly, and the defendant was convicted and fined £lO, with the option of six weeks' imprisonment. On the charge of using obscene language defendant was convicted and ordered to appear for sentence if called upon within twelve months. Court costs and witnesses’ expenses amounted to £1 Ss.