"A RIDICULOUS TALE"

New Zealand Herald, Volume LXIX, Issue 21293, 21 September 1932, Page 10

"A RIDICULOUS TALE"

ALLEGATION OF ASSAULT WOMAN SUES CONSTABLE COUNSEL RETIRES FROM CASE THE COACHING OF WITNESSES [by telegraph—OWN correspondent] WELLINGTON, Tuesday With the discovery in the Supreme Court that two of his witnesses had been coached by his client counsel for a woman who claimed damages for assault from a police constable withdrew immediately from the case. Mr. Justice Ostler later dismissed the woman's story as "ridiculous in itself," and added that were she not a sick woman he would have instructed the police to proceed against her for interfering with witnesses.

The plaintiff was Mrs. Elizabeth McSperrin, who stated in evidence that she was the foster mother of Robert Reardon, a boy, aged 16 years, committed to her care nearly 12 years ago by the Child Welfare Department. Early this year trouble occurred in respect of a motorcar and the boy was interrogated about it. On the morning of February 11 Constable Anson, the defendant in the present action, called at her house, saying he had come for ''Bobby," who was wanted to give evidence in Court. " Tears in Commissioner's Eyes "

"I told the constable," said Mrs. McSperrin, "that Bobby could not come, as he was in bed with influenza, but he took no notice and as I was standing in the way he twisted my left arm behind my back and bumped me on the chest with his elbow. He went into the boy's bedroom and told him to get up. "Bobby jumped out of bed, but I refused to allow the constable to take him along in pyjamas. I told him to desist using force and said that if he left the boy alone I would get him dressed. After waiting for the boy to dress the constable left with him." As a result of the constable's treatment, plaintiff alleged that she suffered some pain and much nervous disorder. She claimed £SO damages. In reply to llis Honor, plaintiff said that the bruise on her chest was about the size of a half-crown. "I showed it to the Commissioner of Police, and tears came into his eyes," she said.

His Honor: What? Commissioner Wohl mann's ? Plaintiff: Yes.

Youth's Evidence Written

Cyril Dwyer, a youth, a cousin of Mrs. McSperrin, was giving his version of the incident, when His Honor asked Him if he had his evidence written out.

Wjitness said he had and putting his hand in a pocket produced a sheet of paper with writing on it. His Honor; Had you been reading it just before you came in ?—Yes. His Honor: Whose handwriting is this? —Mrs. AlcSperrin's.

Mrs. McSperrin (rising to her feet): The boy's memory is not too good, Your Honor.

His Honor: No, I noticed that,

Ihe next witness, Robert Reardon, in reply to His Honor, said that lie had left his evidence at home. He confessed he had looked at it not long ago. At this stage counsel for plaintiff asked leave to withdraw from the case. He expressed complete surprise at what had happened, and added that he could not have anything more to do with the action. Mrs. McSperrin then proceeded to conduct her own case, sitting in the chair which had been vacated by counsel. She explained that her witnesses had not written a line of evidence.

His Honor: No, you did it for them. The Constable's Version

Going into the witness box, Constable Anson told his story amid repeated interjections from Mrs. McSperrin that he was telling " terrible lies." He stated that he had received instructions to arrest Reardon and that when he called for him he read to Mrs. McSperrin the contents of the wan-ant. She closed the door on his face, but he opened rt and stepped inside quickly. He asked her to produce Bobby, but this she refused to do. While passing from the scullery into the kitchen Mrs. McSperrin stood in the open doorway with arms across it. The constable said he took her hands, put them down by her side, and brushed past. He found Bobby in pyjamas lying on a couch with a rug over him. As the boy refused to spc-ak or move, defendant tried to lift him to his feet, but Mrs. McSperrin sat on the boy. Eventually he got him to his feet, and Mrs. McSperrin then left the room.

Continuing, Constable Anson said he could_ not open the door, as the handle on his side was missing. He, called frequently to Mrs. McSperrin to open the door. " I received no response to my calling," he stated, " and fully ten minutes elapsed before Mrs. McSperrin called out that fche Court and all concerned with it could wait until she was ready. After waiting another five minutes she opened the door. I told her to find the boy's clothes, otherwise I would have to take him as he was. She threw herself between the boy and me and tried to get him away. Kicked Door Panels In

" Finally I got him to the back door, which was locked. I asked her to unlock it, and, on her refusing, I kicked in a panel. She still refused to open it, and I kicked again, and another panel fell in. She then said she would dress the boy and take iiim to Court herself," concluded the constable.

When asked if silo wished (o crossexamine the witness, Mrs. McSperrin said she was sorry to say that h e was "telling lies."

His Honor: If you conic into the Court again and it is proved that you have got witnesses to learn statements written out for them by you, you will be arrested and get into serious trouble. "Tt is all lies," repeated Mrs. McSperrin. His Honor warned her that if she did not keep quiet she would be charged with contempt of Court.

Her story, he said, was in itself absolutely improbable. It was quite unlikely that the constable would attempt to twist her arm and put his elbow in her chest.. The tale was ridiculous. His Honor added: " The constable's story bears tho impress of truth and I must dismiss this claim." Judgment was given for defendant, with costs and witnesses' expenses and disbursements.