MAN ASSAULTED BY POLICE CONSTABLE

New Zealand Times, Volume XXXIII, Issue 7354, 4 February 1911, Page 1

MAN ASSAULTED BY POLICE CONSTABLE

TOEY STREET EPISODE PINE OF FORTY SHILLINGS IMPOSED. An unusual case of assault occupied the attention of Mr AV. O. Riddell, S.AI., in tho Magistrate's Court yesterday, when Hawtrey Warren Glynn, a police constable, was charged with having assaulted a civilian named Archibald Black. Air H. I’. O’Leary appeared for complainant, and Mr A. Gray for defendant, who pleaded not guilty. Archibald Black, the complainant, a crane-drivcr on tho wharf, stated that he knew Constable Glynn fairly well. On the night in question ho went down to work at tho wharf, but owing to rain was unable to do so. He loft the wharf shortly after 7 p.m. in company with another cninc-driver named Albert George Jacobs and went into the Central Hotel. On leaving the hotel, witness, Jacobs and a youth named Coleman, to whom ho was introduced outside tho hotel, went together. They went up Tory street, and Jacobs commenced to sing, "Everybody works but father.’' The assault took place just round the corner of Lorno street. Glynn kicking him twice and then, pushing him out towards the road, witness turned round to Glynn and said. "What’s this for, 'Toucher'?" (a nickname by which he had known defendant when in Oamaru). Glynn then appeared to recognise him, and said: "Oh, is it you. Archie?" Witness replied:

“Yes. ;i iirl T will hx you for this." Glynn prevented complainant obtaining the other policeman's number, saying he would put him in the "cooler" for the night. To Air Gray: He saw two constables’ at the Mount Cook police station, and asked them if he was drunk. One of them replied that he supposed witness had on© or two drinks. He left tho wharf at 7.o'clock and went i to the Central Hotel, where ho remained till 10Ho had had only three drinks while he was in the hotel. His reason for going round by Lome street was not to se© Jacobs home, but to meet "Mick" (his brother) "PULL YOURSELVES TOGETHER/" He denied having told the constable that ho was seeing Jacobs home. The, constable told them to "pull them-: selves together" two or three times. Witness continued walking along the! street, and, after tho constable had spoken the third time, witness turned, and said: "We are going liome/'j Jacobs may also have spoken, but he did* not remember him having done so. He* said nothing to the constable beyond, the words mentioned. In answer to further questions witness admitted that he had had a number of encounters with tho police. He had been threatened by one policeman for reporting him to tne sub-inspector. He had, at various times, been one of a number of persons who had been, ordered by constables to move on. H© was on© of the witnesses to an assault on Constable Munro, when the latter had been struck 1 on the head with a bottle. Witness was also one of a party that had to contribute towards the cost of a suit of clothes for.a young man named Wilton. Wilton's clothes had been ruined, and another suit had been provided to prevent legal proceedings. He was in the habit of visiting a house of ill-fame in College street, but denied having ever created a disturbance there.) NOT MORE THAN THREE DRINKS. Albert George Jacobs that he left the wharf in company with Black; and they went to the Central Hotel.. When they were going up Tory street witness, as a result of a remark passed by Black, commenced to sing.

'Mr O’Leary: Did the drink haye any effect on you?—No. I have been used to it since I was a little boy. ' 1

To Mr Gray; It was the only night Black had walked homo with him. He was certain that they had not had more than three drinks in the Central Hotel—they did not have enough money. He may have said to the constable—"lt is all right, constable, I live here.’’ Thei constable repeated the remark, /Tull, yourselves together," about three times before the party stopped. Walter Coleman, clerk, in the employ of the Vacuum Oil Company, stated that he was introduced to Black outside tho Central Hotel. He had known Black, for some time by sight, but he had not been pointed out to him as a wellknown character. He corroborated the evidence of previous witnesses in regard to the assault. Ho had had no drink that niaht, and was perfectly sober. THE DEFENCE.

Air Grav said that it was absurd to suppose that a constable, without receiving: the slightest provocation, would assault a peaceable in the man* nev alleged by the complainant and his witnesses. Ho called Ilawtrey Warren Glynn, the defendant. who "stated that he had been in the police force for about two years. About 10.40 on the night in question he was standing near the’ corner of Tory and Lome streets with Constable Andrews. They heard some singing down Tory street and he saw three men arm-in-arm lurching along tho pavement. Constable Andrews advised them to go home quietly, but Black wanted to argue, and Constable Andrews again warned him. Black did not address witness as '‘Toucher,” and there was no truth in the statement that he had kicked Black twice. Black said to witness after -he had warned him: "Waldegrave and Ellison are friends of mine. They wantmo to join tho force as a finger-print export. They will fix you.” In answer to a question witness stated that he had no grievance against Black. Constable Andrews and ho did not meet by appointment. neither was Hanley (the civilian) there by appointment. Constable Andrews gave evidence which, in most respects, agreed with that given by Constable Glynn. John Hanley, railway ganger, Blenheim, gave corroborative evidence. Constable Shaw stated that Black came into the Mount Cook Police Station shortlv before 11 p.ra., and asked tho witness if he (Black) was drunk. Witness replied that he appeared to have had a drink or two. Complainant then stated that Constable .Glynn had pushed him. He made no mention of having been kicked. BOTH PUSHED AND KICKED. His Worship considered that the evidence .showed that there was some noise made by tho complainant and his companions” but that the weight of the evi--1 denco. jvoq .against J:ho- jponstablc, Ho,

would be convicted and fined 40s, with witnesses' expenses Ss. and solicitor's fco -£1 Is, in default twenty-four hours' imprisonment. Air Gray: Does your Worship find that tho constable kicked the complainant, or merely pushed him? His Worship ; I find that he both pushed and kicked him.