A STREET SCRAP.

NZ Truth, Issue 72, 3 November 1906, Page 5

A STREET SCRAP.

DEALING WITH A " DEMON."

A Hot Old Time m Willis-street.

Rank Perjnry Somewhere!

Street ruffianism, comprising a grossly indecent act, foul language, assault, on the police, incitement to resist arrest, the use of batons and handcuffs by the police, and some wilful perjury on one side or other, were the main features of a series of serious charges m which two yoiuig men named George Seagar arid James Burgess were involved at the S.M.s Court yesterday, before Dr. Mcx\rthur, S.M.

In view of the fact that earlier m the week the Magistrate had announced his intention of dealing severely with any such offenders whom he considered guilty, the position of the accused was serious and Mr Wilford, who defended both, made a big light, but the police case was too strong.

About 10.45 p.m. on October 24, Seagar, with a number of others, was m, Willis-street, near the Grand Hotel. Detective Connolly came along and, seeing Seagar committing "a grossly indecent act" m full view of any passer-by, went to him and told him that he ought to be ashamed, of himself and should know better, and reminded him that he could have gone up some back lane. Connolly was asked by Seagar who he was, and he replied that he was a detective^ He was then called upon to produce h|s badge, but^ thought it unnecessary, 'so he explained, to do so to a humiber of -larrikins, more or less under the influence of liquor. He was then threatened that if he did not^ m proof of his statement that he was a detective, proceed to arrest Seagar; a constable would be called- to arrest Connolly, and Seagar proceeded to make his own arrest necessary by using some very foul language. Connolly/grabbed him, and then the officer had a V^Y bad time of it. He was mobbed, and maltreated, punched and kicked arid dragged m the mud." A man named Brown, a musician, employed at Puller's., happened to Nbe with Connolly, ana he set off to procure assistance- for the unfortunate, officer. Constable Brown was. met by Musician Brown arid apprised of Connolly's . dilemma, arid he went up LambtpnTquay, where he saw v the 'tec and Seagar grappling on ihe ground, with a crowd around hooting and howling like dervishes. Brown, the policeman, at once waded . m aad' helped Connolly by banging Seagar over the "nut" with his baton; Brown said it Was a. gentle, tender tap, and he had aimed at, Seagar 's knuckles,-butmiss-ed, and landed lightly on the back of the prisoner's head. Another constable named Taylor, attracted by cries of "police" next, came on the bloody scene and rendered further assistance by handcuffing Seagar, and then with Brown's' assistance kept the crowd back. Burgess very generously came forward and advised Seagar to go along quietly, and when at length they reached Lambton-quay Police Stasion, Seagar was charged . with having committed a grossly indecent act, obscene language and assaulting Detective Daniel Connolly. Burgess, who had aQcpmpanied Connolly and Seagar to the station, e;ot a shock, and opened his mouth very wide, when he was "shoved m" on, a charge of having- incited Seagar to resist arrest. \ ' Seagar had practically no defence. He set up the weak and watery one that some years ago he suffered from a bladder trouble, which accounted for the fact that he; had used Willisstreet as a public convenience. He denied the obscene language and the assault on Connolly, but no evidence further than that of Burgess' was called m support of his defence.

Connolly was positive that Burgess was one of the young men who had set on to him m Willis-street— and had given him such a bad time and who had incited Seagar to resist arrest. Burgess, on the pther hand, swore positively that he was not with the crowd m Willis-street— and m this he was corroborated by Seagar—and that he came on Connolly and his prisoner on Lambton^juay, near the Central Hotel, where he advised his friend (they were friends, an(f had been at Fuller's that' .night) to go along quietly. The reason given by Burgess for not accompanying Seagar and others from the Theatre Royal was that he, Burgess, Don Juan that he is, stopped behind to talk to two young ladies who he did not know and with whose names he was not acquainted.

Magistrate Me Arthur remarked on the perjury that had evidently been committed and having ascertained that there were previous convictions against Seagar, remanded him till the afternoon to hear evidence of good character that it was proposed should be given by Mr C. M. Luke.

As far as Burgess was concerned, and the corroboration of* his story by Seagar, Magistrate McArthur said he did "not believe a word uttered by either of them, and he accordingly remanded Bufrgess for sentence. Mr G. M. 1/Uke gave Seagar the character of being a hard-working fellow, who, during eleven years* employment, had fallen a victim to intemperance once or twice. Dr. McArthur said that, as he had indicated, he did not believe a word of the evidence given by the defendants ; still he did not wish to ' send the man to gaol. On each of t the first two charges he imposed a fine of £2 or 14 days, and for assaulting Connolly he inflicted a fine of £10 or one month's gaol. On Burgess he imposed a fine of £6 or ■ a month. In Burgess' case Mr Wilford gave notice of appeal.