CONSTABLE CHARGED.

New Zealand Herald, Volume LIX, Issue 18089, 13 May 1922, Page 10

CONSTABLE CHARGED.

ALLEGATION OF ASSAULT.

VERDICT OF NOT GUILTY.

INCIDENT AT POLICE STATION.

A charge against tie watch-house keeper at the City Polico Station, Gonstablo Fielding Hargreaves (Mr. A. Moody), of having assaulted and caused bodily harm to a man under arrest, was hoard yesterday at the Supremo Court before Mr. Justice Stringer and .a jury. The allegation was that the accused had struck a man ■who had been arrested for drunkenness on Christmas Eve and had broken his jaw. The Crown Prosecutor, Mr. V. R. Meredith, said it was in the interests of the public and of the polico that the charge should bo fully investigated. Members of the police force in the couirse of their duties were entrusted with extensive powers which were used only on rare occasions. They had often to deal with unruly men in the cells, and to enforce discipline could not always us© "kid glove" methods. That, however, did not justify them in using more than reasonable force according to the circumstances of the occasion. Evidence was given by Gilbert John Johnstone that he was arrested on Christinas Eve on a charge of being drunk while in charge of a and cart. He was placed in the exercise yard at the watch-house with several others. A noise was created by someone throwing a bucket about. Witness took the bucket and sat on it. The accused entered the yard, walked straight up to witness, and struck him with his fist an the jaw. Witness was knocked down and dazed. When ho camo to he was in a cell and discovered that he had lost a tooth. He was also bleeding from the right ear. Cross-examined, witness said he was pober at the time ho was arrested. He was in the hospital from January 12 to February 24. He denied that bo was in tho habit of assaulting people, but admits ted having been convicted of several offences duo to indulgence in liquor. • Evidence as to Injuries. Dr. A. P. Coker stated that Johnstone had consulted him during the Christmas holidays. His jaw was swollen and painful and there was an abscess at tho base of a decayed tooth. Another tooth was loose and witness extracted it. There was nothing bo indicate that the jaw was fractured. Tho jaw might have been broken without witness noticing it. Dr. H. T. Begg, on the medical staff of the Auckland Hospital, and A. J. Reid, dentist, gave evidence as to Johnstone's injuries. Phillip Boyle, of St. Heliers, said he went to tho police station to bail out Johnstone. He did not notice anything wrong with his jaw. On the following Monday when witness again gaw-him bis jaw was swollen. E. G. Lockley, formerly a taxicab driver, gave evidence that he saw Johnstone at tho police station. Constable Hargreaves was present. Johnstone appeared to have been knocked about, and witnessed asked him what ho had been doing. Johnstone indicated tho accused, and said " Ask him; he knows." Johnstone showed a tooth, which, he said, had been knocked out of his jaw. Constable Hargreaves admitted having struck Johnstone on tho right jaw. The depositions given in tho lower Court by C. Mclndoe, merchant, by whom Johnstone was employed, were admitted as evidence. They were to the effect that the witness saw Johnstone at the police station. Ho had blood on his left jaw, and produced a tootb which appeared to have been recently extracted. John Miller corroborated Johnstone's evidence as to what took place in the yard. Accused'si Version of Incident.

For the defenco, Mr. Moody said the jury should be impressed with the,importance of tho case. The police force comprised a body of men to be proud of. A watch-house "keeper was chosen for the position owing to his forbearance and his standing and record as a constable. The accused's story of the occurrence was tihat hearing a d&t'irbanco in the watch-house yard, ho went into the yard and saw Johnstono sitting on a tin. Ho told Johnstone to get up, and tho latter refusing, the accused 'put his hand out to take him by tho shoulder. Johnstone leant back to dodge, and, over-balancing, fell to the floor. Counsel commented on Johnstone's version of the ilffair and the fact that tho man was able Up go to tho races on two occasions within tho next few days. Ho suggested that the broken jaw was not sustained atl the police station. Accused gave evidence en lines stated by counsel. He said he a little blood on Johnstone's ear. That evening Mr. Lockley came to the watch-house and interviewed Johnstone, who was in charge of Constable Nalder. Accused saw Johnstone produce a too"lh from his pocket. It appeared to be dry. Accused denied''that ho had admitted to Lockley that he had" struck Johnstone. Later Johnstone remarked to accused that ho would "get bis own back." Cross-examined, accused said that when he put out his hand to grab Johnstone he touched the latter on the side of the head, but the action could not be described as a blow. Senior-Scnreant S. Rawle stated that he arrested Johnstono. In the Police Court tho latter p'ended guilty, and was fined. Witness noticed no swelling or unusual condition in the prisoner, who mado no complaint to the magistrate or to witness. Sergeant- Flanagan gave evidence that when he inspected the prisoners at the watch-house Johnstone did not complain of having been struck by i.he accused. He shewed witness a dry tooth, and indicated that it had been knocked out of his hem Ain the cell. At the Court witness saw Mr. and Mrs. Johnstone, and there was no- mention by either of any injury. Evidence was given by other police officers who saw Johnstone at tho watch-house after t.h* alleged assault.

The Judges Summing "Up. His Honor, in summing up, emphasised that the case was of great importance, and required the most profound consideration. It was a cape in which a verdict should not he found against the accused except on the most oonvir.cing evidence. It was equally important' that if the accused were canable of committing an assault of th© nature suggested, he should not romain in the police force. That, he was sure, would bo the feeling of the majority j>f the members of the force. The question of credibility of the witnesses was an important factor to be considered. Two witnesses on each si do had testified to different sets of fa-cts. It also had to be remembered that Johnstone had been arrested for drunkenness, and no doubt ho would bo somewhat hazy in his mind as to what had taken place. His Honor also commented on the fact that when .Tohnstono consulted n doctor about his Taco he said nothing about havinu received a blow, and attributed the swelling on the jaw to a decayed tooth. After a short retirement, the jury returned a verdict of not guilty.