WAERENGA-A-HIKA ASSAULT CASE.
A CONVICTION RECORDED. The Police Court was again crowded on Saturday morning, when Mr. W. A. Barton, S.M., delivered judgment in the case in which Robert Mcßretney, a A\jaerenga-:i-hika settler, charged Mounted-Constable John Thomas Irwin with having on January assaulted him ill the AVaeronga-a-hika Hotel. In delivering judgment Mr. Ilarton said:—“'Pile defendant is charged with assaulting the informant on the 20th January, 1908. It appears that the defendant is, and was on the date named, a constable of police, and in pursuance of bis duty visited the Waerenga-a-hika Hotel, and found the informant there, and deemed it necessary to remove him for the reason that he was under the influence of liquor. A constable, in arresting or ejecting any person from premises, must not use unnecessary force in so doing, and if he docs lie is liable to conviction for assault. I have carefully considered the evidence, and am satisfied that the defendant did use undue force in removing the informant from the AVaercnga-a-hika Hotel on the date in question, and he assaulted
him while on the road by violently pushing him to the ground. Defendants action was, in my opinion, most, cowardly and disgraceful. The police may rely upon my protection when discharging their duty in a reasonable and proper manner but such conduct as 1 find the defendant guilty of cannot be allowed to pass unpunished. Defendant will be convicted and fined in the sum of £l, with costs of Court £1 Its, witnesses’ expenses £5 8s fid, solicitor’s fee of £2 2.5; total costs £9 Is Gd, in default 7 days’ imprisonment. in Gisborne gaol. Defendant was allowed seven days in which to pay the fine and costs. .
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Bibliographic details
Gisborne Times, Volume XXVI, Issue 2123, 24 February 1908, Page 1
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284WAERENGA-A-HIKA ASSAULT CASE. Gisborne Times, Volume XXVI, Issue 2123, 24 February 1908, Page 1
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