PECULIAR ASSAULT CASE.

New Zealand Herald, Volume LVI, Issue 17110, 15 March 1919, Page 7

PECULIAR ASSAULT CASE.

A CONSTABLE OFFENDED. INFORMATION DISMISSED. An unusual assault case was brought hofore Mr. J. E. Wilson, S.M., nt the Court yesterday, when William Forshnw (Mr. was chnrced with having committed that offence by expectorating on Constable Mahoney wh'le ho was in the execution of his duty. Accused pleaded not ruilty. The constable deposed that on March 7 he" was on point duty at the intersection of Queen and Wellesiey Streets, and as a tramcar passed him the accused, who was on the rear platform, removed a pipe from his mouth and deliberately spat on witness. Accused then Rave a sneering smile and turned to other passengers on the platform. Witness boarded the car and charged the accused with the assault, whereupon the latter said the alleged offence was an accident. Witness then arrested him and took him to the police station. Mr. Dickson, who said the accused was a citizen of good repute, and had held a position with a reputable Auckland firm, lor 20 years, submitted that the constablo had exceeded his duty in arresting tho accused. The accused and another passonger, the latter being a visitor to Auckland and a stranger to both parties, then gave evidence, in the course of which they denied that the constable—who they said was very excited—did not charge the accused with assault, but dragged him violently off tho car. Accused denied expectorating on the constable, or that he had admitted that the occurrence was an accident, and this was supported by the other witness— J who' was facing tho accused, at a distanco of about IBin, when the assault was alleged to have taken place. The magistrate dismissed the information, remarking that tho constablo had either mistaken his man or his facts. Ee did not think the accused was the man who expectorated, and if he was, it cer- i tainly was not with the intention of making the constable a target. Such : would be the act of a person who was I insane. Probably the constablo might | have beon contented with taking the namo of the man who he believed committed 1 1 the assault, but he was evidently greatly incensed. If satisfied that the accused I was the man ho was not exceeding his duty in arresting him, and he must have been in that frame of mind, otherwise his action would be unaccountable.