AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLV, Issue 13673, 14 February 1908, Page 8

AUCKLAND SUPREME COURT.

CRIMINAL sessions, assaulting a constable. The criminal sessions of the Auckland Supreme Court were continued before His I Honor Mr.' Justice Edwards '" yesterday, when a man named Thomas Henry Parker was. charged that on November 17, |at Newmarket, he did: use obscene language in a public place; that he did assault- Constable Roderick Finlayson.. while in llio execution of his duty; that he did assault the officer so as to cause him actual bodily harm and further,'ho was charged with common assault. ; Mr. J. R. Lundon appeared for the prisoner, who pleaded not guilty. ■The Crown Prosecutor (the Hon. J. A. Tole, K.C.) briefly related the facts. On February 17, in the early hours of the morning, Constable Finlayson was on duty. in the streets of Newmarket, when lie heard the prisoner using the language , complained of. As the constable went towards accused lie threw a large piece of road metal at-the officer, striking him just above the eye, and inflicting a severe wound. The prisoner thereupon made off, and Finlayson gave chase. Another piece of rock was thrown, and accused dashed in a gateway near his home,. with Finlayson, in-hot pursuit. .They raced into a, passage, where the policeman laid hands on his man. Parker was so violent that , the constable could not handcuff him, and eventually, in self-protection, struck him twice on the head with his baton. The pair then : closed with each other, and a hostile crowd gathered round, including two women in night attire, who' flourished brooms over the heads of the pair on the floor; .One man went away for assistance, however, and Sergeant Moore eventually ' arrived, and the prisoner was placed under lock and key.

Sergeant Moore testified to the constables general good conduct and sobriety. When witness reached Parker's house the prisoner's father greeted him' with, •'They're both drunk," meaning Finlayson and McDonald, the man who assisted him, and there was at once a chorus of approval from the rest -of the family, some of whom accused; the constable of having been at the brewery that night, when there was a cry of, "We'll put your pot on, Finlayson." Witness said there were two wounds on prisoner's head, but nothing serious, although accused made as much of them as possible. Mi'. Lundon called Dr. Lindsay, who stated , that he bad examined accused, • /.hose hair was matted with blood, and he was suffering from three scalp wounds. These were the result of three hard blows. Three weeks later the wounds were just beginning to heal. "».',, : Joseph and Frank Porter gave evidence that Parker was proceeding home in their company when the constable came up behind them,- placed his hands on Parker's shoulders, and kicked him with his knee. It was stated that Parker was sober, and had not said or done anything reprehensible ; Tip to that moment. The former said that he looked over the fence while the prisoner and Finlayson were in the passage of Parker's house, and < heard a tow, but nothing to indicate .that the policeman was' being attacked. ''■\,. Other witnesses, including members of the prisoner's family, testified as to the severity of the blows struck and the surrounding circumstances. The mother of the prisoner said she heard the commotion ■ in ;, the : yard "and roused her, husband. The constable -informed Parked sen.,- that he was arresting the accused for drunkenness, and at' that time nothing was said about obscene language or assault. In summing-up, His Honor said that the turmoil in" the yard, arid the passage was' quite,immaterial.; The questions for the jury to decide wore- simply, as to--whether obscene' ; language had been used in the. street, and -whether accused threw a stone which struck the constable. The case was a simple one ; stripped 'of all irrelevaricies, and the*'question was whether the uncontradicted . evidence, on oath, of the two police officers was to stand. He did not think there was any question of "bodily harm.'V-i->::■./:■ ■'.''.'';;••-• .--..-. ;.- .' "After a retirement of an hour and a-half, the jury returned a verdict of guilty on the first two- indictmente— charges of obscene language and assaulting the officer* Thfj^rjtsoa^ will be for sentence 'thai} morning.