AN UNUSUAL CASE

New Zealand Times, Volume XLIX, Issue 11303, 31 August 1922, Page 5

AN UNUSUAL CASE

ALLEGED “ LANGUAGE” THE POLICEMAN, THE SHOP—AND THE TELEPHONE. SERIOUS ALLEGATIONS. A case, in which serious allegations wore made against a policeman, was heard at the Magistrate’s Court yesterday, bv Messrs R. D. Hanlon and H. B. Bridge, Justices of the Peace, when an elderly man named Sydney .Tones appeared on a charge of using obscene language in Cuba street. Chief-Detective Kemp prosecuted, and the accused, who pleaded not guilty, was represented by Mr H. 1 • O’Leary „ .. ■Plain-clothes Conetablo Cooper said that on the evening in question he was in Cuba street and was looking for a man of a similar appearance to Jones. Seeing the latter, the constable "approached him and asked his name. The accused replied with the language mentioned in the charge. Jones went into the shop of Richard Coxon, a bootmaker, and used some strong language, following which he was arrested and taken to the police station, where lie asked: “Why am I charged with using obscene language? Was it because I told him to go to ?’. Cress-examined: Witness was in plain clothes and had been a member of the police force for some ten months. Witness knew that accused,had been a resident of Wellington for about forty years Tho aooused had been arrested after he had used the strong language in the shop. Counsel: You knew that he had committed an offence when ho used the language outside. Why didn’t you arrest him straightaway P Witness: I thought that lie might not have understood, me. Counsel: Did you not seize the ao. cused, while ho was in the shop, pull him off his chair on to the floor, and drag him into the street? Witness: No. He leaned back in the chair and fell over. I tried to help him to his feet, but he is a heavy man. Counsel: I suggest to vou that you have concocted this story about tho obscene language in the street because you knew that you had acted quite illegally in the shop? Witness: Nol Evidence was then brought in support of witness’s statement as to what the aooused said when formally charged at the police station. FOR THE DEFENCE. Mr O’Leary said that the circumstances out of which the case arose were fortunately very rare in the history of tho police force. Counsel went on to say that Constable Cooper had acted in an almost. brutal manner to an old man. Evidence would be called to show that Jones had been sitting in Coxon’s boot shop for fully two minutes before the arrival of the constable. Cooper pulled the old man to tho floor, and dragged him on his hack out into the street. Counsel again suggested that Cooper liad conoooted the story about the happenings in the street to cover his own illegal actions. Richard Coxon, a bootmaker in Cuba street, stated that he was a friend of the accused. On the evening in question, the accused was sitting in witness’s shop, when Constable Cooper entered and asked witness if he knew the accused’s name. Witness replied, “There he is; ask him.” When questioned hy the constable, accused replied in rather strong terms, and the constable said: “Now I’ll find out. I’ll arrest you for obscene language.” The constable had then roughly handled the accused, twisting his arm and dragging him off his chair, along the floor, and out into the street. Cross-examined: The constable made use of more force than was necessary. The chief-detective: Have you the telephone in your shop?—Yes. The chief-detective: Will you swear that you use the ’phone only for business in connection with your shop? You will swear that you don’t use it for betting purposes ? Witness claimed privilege, and refused to answer. Sydney Jones said that he was a labourer in the employ of the City Council. Witness was 62 years of age, and had never been before the court on a previous occasion. Prior to going into Coxon’s shop on the day in question, witness had never seen Constable Cooper. Cooper came into the shop, and said to Coxon, “Who’s that man sitting there?” He was referring to witness, who interjected with a rather strong phrase. The constable produced a police officer’s tramway pass ns evidence of his being a police officer, and then said. “I’m going to find out your name. I’ll arrest you for drunk, ounces and obscene language.” The constable then seized witness, twisted his arm, threw him on to the floor, and dragged him outside, after which witness was taken to the police station and charged with using obscene language. Witness denied emphatically that he had been accosted outside by the constable. Tho bench considered that Jones had a case to answer, and he was accordingly committed to the Supreme Court for trial. Bail was allowed" on a security of £2O.