A NIGHT AFFRAY

New Zealand Times, Volume XXXVII, Issue 8367, 1 March 1913, Page 8

A NIGHT AFFRAY

BATON AND FISTS A POLICEMAN ALLEGES ASSAULT AND DENIES VIOLENCE. Before Mr W. G. Riddell, S.M., in the Magistrate’s Court yesterday, James Brown a . young man was charged with having, on the night ot February 18th, assaulted Constable John Willetts while in the execution ° f Sub-Inspector Sheehan prosecuted, and Mr V, R. Meredith appeared tor the accused, who pleaded not guilty. Constable Willetts said that on the night in question he was passing the supper rooms of George Mason, in Newtown when the latter asked him to induce Brown to go away as he had boon annoying him. Witness advised Brown to go home, and then went oyer to the tramway waiting shed. After a while Brown appeared there, and witness again advised him to go home. He walked down tho street with him a short distance, and Brown apparently continued on his way home. Willetts had been talking to some tramway men for about ten seconds, when liecused came up and struck him in the left eye. Ho then struck accused with his baton and the tramway men assisted him to handcuff him. THE CRAB INCIDENT.

Mr Meredith: I think you were in the tramway employ before joining the police force? —Yes. You were known as the hero ot the crab incident? —Yes, that is so. You put a handful of crabs in a lady’s hand on a tram one day instead of her change, and for that you were dismissed ? —Yes. . Sub-Inspector Sheehan: That has nothing to do with this case. Mr Meredith: Oh, yes, it has. Constable Willetts is' a man of no tact, and that incident goes to prove it. _ lam not bringing this up unnecessarily; hut because it was lack of tact again in this case that led Willetts into trouble. The Magistrate; Very well, you have introduced it. Mr Meredith (to Constable Willetts): Anyway, you were discharged from the trams, and you joined the police. How long have you been in the police force? —About five years. As a police officer you know it Is your duty when giving evidence to give all the facts? —Yes. Have yon given all tho evidence?— No; there is something I left. out. Oh! why ? —I expected to get some questions in cross-examination. Oh, you give some of the facts and leave the rest for the cross-examination to get out if they can. You did not deem it necessary to arrest him. You never attempted to arrest him until after he had struck you?—That is so. After he left the fish shop he went over to the tramway waiting shed to get a light from a tramway employee? —Yes.

You did not tell us that? —Well, X did not se© it.

Now, you chucked him out of the shed. You put your hand on his shoulder and threw him out? —Oh, no. I did not handle him roughly. He returned again?—Yes. And asked for a light?—l didn’t hear him do that.

Did not you again turn him out of tho shed? —He was not in the shed. I put my hand upon him and advised him to go home. A DAMAGED EAR.

Mr Meredith: When you led him out that last time, didn’t you dra,w your baton and baton him? —No, I did not. You are going to swear that? —Yes, absolutely. You take the responsibility of that, then? —Yes, I have an explanation if you want it. You admit using the baton on him after he struck you?—Yes, I hit him several times.

You got to know the names of the t/vvo men who were in the waiting shed at the time. —Yes.

Is it not a fact that you know Wiliams’s evidence would be against you md that is why you did not subpoena iim ?—Yes.

And you consider that fair? —Yes. Accused’s ear was cut when you saw him in the cell? —Yes.

And it was not cut when yon first saw him? —No.

So that that damage to his ear took dace after the arrest? —Yes.

You struck him, didn’t you?—No. We are going to call three witnesses, ! ragged here very much against their will, who will swear. you admitted ‘dealing it out” to him in the cell. What do you say to that? —They are entirely wrong. Have you ever been spoken to by members of the public before about your excessive use of tbe baton ? —I cannot recall it.

To Sub-Inspector Sheehan; There were three persons present besides himself when the accused assaulted him. While accused was being searched in the cell he struggled violently, fell down, and struck his ear, this accounting for its damaged condition. Archibald Mason, restaurant-keeper, stated that accused caused trouble in his shop and he asked tho constable to look after him. WANTED A LIGHT.

Henry Toms, tramway employee, gave evidence similar to that given by the constable. When accused first came up to them the constable advised him to go homo.

To Mr Meredith: who was also present, was standing in a position where he could see everything. The accused was not offensive to them. He was lighting hia cigarette when Willetts came up and hustled him out. He returned for a light, and Willetts again hqstlod him out. Witness thought that if accused had got a light he would have gone away. Accused hit the constable only .once. Mr Meredith: And then stopped?— Yes.

It was Willetts who got busy then? —Yes.

Accused picked up Willett’s baton?— Yes. And made no further resistance?— No. To the sub-inspector: The constable closed with accused and pinned him so that he could not use the'baton. Did Willetts do more to this man than advise him to go home?—He shoved him. What do you mean by shoved?— Caught hold of his arm and pushed him out. Pushed him quietly?—Tho first time ho did. Ho rushed him out afterwards. Was there any provocation given fer this severe blow?—Not from what 1 saw. Constable Taylor corroborated the evidence of Constable Willetts regarding what happened after the accused reached the police station. Ho made no complaints to witness. USE OF BATON. William Williams, tramway employee, called by Mr Meredith, said that he lit a cigarette for tho accused.

Tho constable threw him out, and told him to get away home. He returned, saying 11 I want to get a light.” The constable threw him out again, and he returned. Tho constable then hit him across the buttock with his baton. It was a pretty sharp blow. Accused, returning, made a blow at the constable, who drew his baton. After striking at tho accused ho the baton and accused picked it up. He made nq further resistance, and did not fight at all. He came back and struck the constable immediately after the latter had hit him with the baton. Brown was not offensive. Ho merely wanted to get his cigarette lighted. To Sub-Inspector Sheehan : Accused had drink in him. Witness was holding a match for the accused to light his cigarette when the constable came in and swung him out of the shed. He did the same when the accused returned, saying: “Get away homo, to the out of this,” or words to that effect. The sub-inspector: Are you prepared to contradict the constable with regard to the use of the baton hm hero on my oath, and I am going to tell the truth. And you contradict Toms?—l cannot help what Toms said. ’ And you still stick to what you said ? —I stick to what 1 saw. The accused had enough warning from the constable to go home?—He did. . . You thought he was generous with him?—l did, and I told tho accused 80 Did the accused give the constable any warning when he gave him this blow?—He came running straight back from the road. . „ T Are you friendly with Willetts? —i am. “GOT A CLOUT.” Ernest Aitken, tramway employee, said Constable Willetts camef to him about 1 o’clock in the morning after tho arrest. Witness was outside the waiting-shed at Newtown. Willetts had a bandage on his eye. He said: “I got a. of a clout in the eye just now. . I have just been to the hospital to have it done up. I shoved him into the ceil and knocked him out for half an hour. We had to call Constable Taylor to see him.” Then the constable went on. There was nobody else present at the time who was concerned in this case.

To Sub-Inspector Sheehan : The foreman was present when the constable made the statement.

The sub-inspector; Do you mean to tell the. court that the constable made this statement to you?—Yes.

Why should he make it to you?—l do not know.

Th© magistrate: Was lie excited? — He was excited. He appeared to have come straight from the Hospital. The sub-inspector: Have you spoken to tho accused since that night?—Yes, once. , He made nr complaint about being knocked about? —No. Do you know anybody he complained to about being knocked about?—To other men in tne shed. Where did he say he was knocked about?-—I do not know. “ I FIXED HIM UP.” ' Sydney Parsons, tramway employee, said Constable Willetts told him he had had some trouble with a man down the road who had hit him rather severely. “ When I got him to the cell,” added the constable, “I fixed him up.” Aitken was not present when this statement was made. Herbert Williams, employed at the tram-sheds, said Willetts mad© the remark to him that he had, dealt with the accused when he got him in the cell. Sub-Inspector Sheehan: W illetts is not liked up at the tram-sheds?—Ho is not disliked. NO EXCUSE.

Mr Meredith said he would quote authorities to show that where a policeman abused his powers, when he went outside his authority, he was not protected by the Act, and no offence could lie for assaulting an officer in the course of his duty when he exceeded his authority. There was no excuse in the present case for the constable using his baton. After hearing Mr Meredith further, his Worship reserved his decision.