ASSAULTING A CONSTABLE.

New Zealand Herald, Volume XXXI, Issue 9432, 12 February 1894, Page 6

ASSAULTING A CONSTABLE.

I ■ ;;*"£•; A.* STREET ACTOR. ■'■" i At the Police Court on Saturday morning, before Mr. R. S. Bush, R.M., a young man ! named- William Joseph Collierwas charged With having, on 'the * evening of' the 9bh February, assaulted arid beaten Constable James Finnwby whilst in the execution of his duty.. In answer to the ■< charge the accused replied, '.««Nob guilty, by all means.'- ' : -v-"; :•: >'.l?/' • Constable Finnerty r said that for some time pasb he had received complaints from the residents of Freeman's Bay regarding the goings-on of a gang of larrikins. He had also been informed that youths were in the habit of, dressing themselves up in women's clothes : and following and insultiug females in the street. He was too well known to the "push" in his uniform, so he had the previous evening attired himself in private clothes and shortly- before nine he strolled up Victoria-street to the, corner of NelsonBtreot, where; he observed the defendant larking on the footpath, and bo the best of his ability trying to amuse a number of other young men. ; Witness hid himself in the doorway and watched the proceedings. He saw the defendant trying to attract the attention of%U passers-by with his antics. The accused took up a small boy in his arms, and told. him to bow to the, ladies that passed. The accused had formerly been a member of Bland Holt's Company. When the admiring crowd applauded his street acting, he chased them up and down the road. ■ When witness saw that the conduct of .the accused was likely to cause a breach *of the peace he. crossed .the road, and catohing the man by the hand said, "What is your name?'' Defendant replied, '* You know ine; I reside in Union-street," The "push" surrounded them, and the defendant taking advantage of their presence struck witness three or four times in the face. A scrimmage took place and ended in the accused being handcuffed and marched bo the station. On the way to the station accused admitted that he had once been dressed in women's clothes. The shopkeepers in the Bay had informed witness that the abused was a perfect nuisance. ■' Acting • Detective , McMahon said he assisted to keep the crowd back, while Constable Finnerty secured the prisoner. Witness did not see the accused strike the constable. Several times on the way to the station accused said he would smash the constable's face if he got the handcuffs off. The defendant admitted having been fooling about on the road, and also having done so on previous occasions. He thought the constable should have gob him in a more manly way. He had a white hat on, and was endeavouring to imitate Mr. Sequah. Whilst gazing in a window he felt a terrible grasp by someone behind. He turned round and said, " Let go my neck or I shall be strangled." Tie grip, instead of being loosened was tightened, and consequently he was compelled bo retaliate. His comE anions did nob take part in the fight, and e was obliged: to do it all himself. As far as insulting people, he had never done so, and in striking the constable he merely acted on the defensive. The constable being dre?sed in private .clothes, he did not know who he; was. He thought he was one of his own chums. : Mr. Bush said he wished the prisoner to understand that it was his strict rule to send anyone to. prison who was similarly charged, bub as this was. the first time that he had been before the Court he would give him the option of paying a fine. Law-abiding citizens had a right to go along the street without being molested. He did riot know of any conduct* more likely to create a breach of the peace. ■ As the accused was a young man .he did not like to sentence him to along term of imprisonment. He would therefore take a very lenient view of the case, arid would fine him £5, and in default of payment one month's imprisonment. The accused asked for time in which to pay the tine, bub this was refused.