ALLEGED ASSAULT.

New Zealand Herald, Volume LI, Issue 15519, 29 January 1914, Page 5

ALLEGED ASSAULT.

POLICE OFFICER CHARGED. {TAXI-CAB INCIDENT. - . "A. TRIVIAL MATTER."1 • MAGISTRATE . RESERVES ' : / DECISION. v

The refusal of a taxi-cab driver, named Edward Rooke, to drive two drunken men in custody,' to the police station, on De? cember 27, has had an interesting sequeL In the first place the driver was proceeded against for refusing to accept a fare, the decision ;in this case' hot yet. having been given. The next phase was an action foi alleged assault against Sergeant D, Fraser. The driver alleges. that he was dragged from his : seat by -the sergeant. This case was heard yesterday before Mr. F. V. "Frazer, S.M. A third case arising out of the incident, which has still to bo heard, is an action - against Rooke by the police -on a charge of failing to assist the "police in the execution- 1 - 'of* their duty, when called on to do ,so.„ - ; •t ■■In'the assault case, Mr" Srctwn, appeared for the complainant, and Mr. Moody for tie defendant. '■"**j/ ~ ■ . -The complainant; evidence that ' he' r ref used" - to-'aeeede ' ttt " the'request of Constable Muffins; to drive '.two , drunken "men to the 'police' station, as one.. them was in . a dirty condition;", iThei defendant, on ooming up, repeated - the request in the King's' name, an# on > his f * again -refusing, the-- defendant procured another driver and . .dragged ''witness -by the collar - and elbow : dut of 1 the <lfiver'R £iiat tp aHow the new • driver 'to tak.<J>fc;&e _ was; wearing a celluloid " collar atf the time, : and it was i broken on account lot the force used. Clarence Macey, who was .called on to drive the car said that he did not want to do so, as he"had never driven .one, of that make, but, as he had been called on in the King's 'name, he thought he would have to do -his -best.'. c Luckily no mishap oc-

cmredvS' . ■. •:y. : i :, £ • Counsel' for the prosecution affirmed thai , the - dyendSft admitted in tEe previous', case against Rooke ". that- he had " moved" the complainant' -from his seat, and called ; on -F.~ Jr. Stewart .(deputy clerk of the ' Court) and* Sub-Inspector Johnston to say if . that, were not so. . . »/ .■ .V " • ,:: Mr. -Stewart • had. only- a .dim recollection ■of the case, and could . not say what, the vjg defendant-fed said. Sab-Inspector. Johnston &aid r ?thatv Sergeant Eraser-:had' ad- v_ mitted catching hold of " Rooke's r collar, ■y i. but.that he Sid not have to exert force, far Rooke then, moved, towards him, : . ,■£; Mr. Moody said that the assault waa;^j| : in: lie highest - degree technical; * He tinted out. that any police officer .who ,waa '.' ' punished >.by-, imprisonment . would •be Vdis-.|i| ; missed from the force. Evidence would , show that "at'the. time of the alleged,assault.;*; •Rooke was wider arrest.ConstableMullins having , ? placed v him under arrest for ; •/ hindering the • police f in ' the 'execution of. *' theijy.duty, and that" bong so, 'the police had a'right to take him.into custody. Even Jig if v this arrest. was not justified, tie fact remained : that it' was-"an arrest. ' ; 7'- : -" ■; The ' defendant's evidence .was -- to the. effect' that- when he arrived: with- th«£new.£'driver he twice asked Rooke,move;' out ■&* of the driver's seat. On his refusing, he caught hold : ol Rooke's. collar, which broke, ■ rbut "he : did not u&e'any force, though he ;f|| I would :have -d6ne-so y Rooke moved, towards -himimmediately. ; He knew 'i. at the time that Rooke was ; under arrest. : -:. 'The prisoner alleged to be dirty was merely covered .with' flour, and Ktaa£ constable . offered to brush "him, before placing him in. the car. • ' -•» Corroborative evidence was given by Constable Mullins.- = v: ' v " Mr. - Frazer, : in .reselling his. decision, said that ! after all,, it' was a trivial matter and>?j he was satisfied thatv the defendant acted -1 honestly, and • from his. knowledge ;of him as arpolics officer, } bet.. laewj that. be ; would (M not use - unnecessary force." >.;?? * - *"■" ' - -" L '> r ;Vrr ' r^;- v ; . \ ..Hot?t£