A CONSTABLE'S SURPRISE.

New Zealand Herald, Volume XLIX, Issue 14930, 1 March 1912, Page 9

A CONSTABLE'S SURPRISE.

THRASHED BY A WOMAN.

HOCKEY UP-TO-DATE.

The hearing of the charge of assaulting Mrs. Duncan, wife of a Westport hotelkeeper, which was preferred against Constable Keenan last ; week by Inspector Black, elicited some remarkable evidence. Mrs. Duncan, who accepted an invitation • from Keenan to go for a walk one evening and thrashed him with a hockey stick when he put his arm around her, stated that she had laid no trap for Keenan. She was afraid of him, and that was why she took several companions with her, the latter following a short distance behind the pair. , John : Joseph Pickering, engineer, stated that ho knew on the afternoon of the day in question that Mrs.; Duncan was to meet Keenan, and give him a hiding with a stick if he interfered with her. He followed Mrs. Duncan and Keenan down Lyndhurst-street. It appeared as if Keenan was putting his arm around Mrs. Duncan's waist, but witness could ' not. swear that ho touched her. Keenan guarded his face and said, "For God's sane, missus, don't make a noise." Alter the encounter Keenan asked witness not to say a word about it. He did not see Keenan pull Mrs. Duncan towards him, but ho might have done so. Mr. Pickering's description of Mrs. Duncan chasing Keenan with a stick entertained the audience in the Court! Ho said he laughed very much at the affray. Elizabeth Pickering, wife of the last witness, gave corroborative evidence. She saw Keenan put his arm round Mrs. Duncan's" waist. When she went into the church yard and found Keenan lying in the grass she called him a scoundrel, and he said," out, go out, go out." Witness said she would have slapped Keenan's face if ho suggested to her to go for a walk. It was not her place to advise Mrs. Duncan what to do, or to suggest that Mr. Duncan should keep the appointment. . Mr. McDonald, who appeared for the defence, asked the Bench to rule that no offence had been disclosed, as consent vitiated assault. Mrs. Duncan expected to happen what did happen. There was no section of the code prohibiting a man asking a woman to go for a walk with him. He could not bo prosecuted for that, and Mrs.. Duncan consented to him putting his arm round;;her waist. The thing was a prepared trap to catch the man, I and Mrs. Duncan consented to be the bait for the accused Keenan to nibble at. On the evidence not even . a technical assault had been committed, because she had consented. ! " .Inspector Black contended that a man putting his arm around a woman's waist without- her. consent, and pulling her towards him was a technical assault. The Magistrate said he agreed with the contention of counsel : for the defence. No legal assault had been proved. The woman-,had expected ; something of the kind, and seized the opportunity to obtain revenge. In His / opinion, Mrs. Duncan j consented to the. alleged assault. It was bosh to say that she : was afraid of the ] man (even if the allegations against him | were true), and then to sally forth like she had done, even though her friends I were < behind ? her. She did not know how far they might !be away. It was most extraordinary conduct on.; tho part of a married woman. If she were annoyed she could easily complain to her husband, or to the authorities. Her explanation why she did. not do so was not' satisfactory. In * an' extreme case: her husband should have been with her. The magistrate went on to ' say. - that -t he ;:. had heard only oho side of the question, and he was not prepared to make any comments on the constable's conduct. That '.•?' would be dealt' with by his superior officers. All the facts as given in this case would go to the Department. He dismissed tho information.