POLICE v. PEOPLE.

NZ Truth, Issue 79, 22 December 1906, Page 5

POLICE v. PEOPLE.

MANNERS-STREET STATION AGAIN. Fraser's Funny Fairytale. Another Wandering Citizen Alleges Brutality and Illegal Arrest.

The solitary and almost abandoned Manners-street police lock-up has of late come into such prominence that it behoves Commissioner Dinnie to promptly decide whether or not that lock-up should be entirely abolished or whether it is not advisable that it should be under more strict supervision and thus prevent such outrages as that the man Coghlan was the victim of, and what seems to have been still another on an inoffensive citizen, last Wednesday morning, the facts of which were fully enquired into m the Magistrate's Court the same day. That any man cannot walk the streets at or after midnight without running the risk of being violently assaulted and molested by an overbearing, blue-coated bobby is a state of affairs not to 'be tolerated one moment, and if Commissioner Dinnie ' cannot be relied upon to effect a radical change by radical means then a radical change by radical means will have to be effected m ttoe Police. Commissiohershiip. No doubt the Commissioner's attention has been directed to . the case referred to, that of Police Constable Samuel Fraser versus Richard o'Gorm.an Lalor. heard before Messrs Dalrymple, Edwards and Embury. J.'sP.. if not he had better peruse the verbatim report following and then say whether or not Policeman Fraser is a fit member of the "foorce." The oharge against Lalor, against whom the police knew nothing detrimental to his character was that he ASSAULTED FRASER while m me execution of his duty on December 19, To this charge Lalor pleaded not guilty and was defended by Mr R. Cook. In his evidence Fraser said that early on Wednesday morning he saw Lalor at the Manners-street Police .Station. He refused to leave the .Station and he put him out, whereupon Lalor struck him. He then arrested him.

. Mr. Cook .: When, did you first meet him ?— About 12 o'clock. He called at the station and asked to be allowed to sleep m the cells. Did he not tell you that he could ,get lodgings ?— He -said that he had been locked out of the place he usually stayed at— the Salvation Army. Did you not give him a kick on the backside ?— No ;I am sure I did not. You saw him again about four o'clock ?— Yes. I did not arrest him till he struck me. And you did not again kick him ?— No. . You are quite sure I—l never kick a. prisoner . He tells me that you kicked lum and that he then struggled with you, and that is all that took place ?—Hestruck me and I arrested him.

And I suppose it., is a common* thin." -for prisoners to resist arrest and struggle ?— No. , When he struck you did you. kick him?— No. There were no witnesses to the affair, and Sub-Inspector O'Dcnovan said he had no other evidence to offer, and Mr Cook, m stating what Lalor afterwards swore on oath, said that if Lalor did strike the constable he was quite justified m- dotal ~ so after receiving- a kick.

Lalor then went into the witnessbox and said that about midnight he met the constable at the Mannersstreet Police Station and

ASKED HIM TO LOCK HIM UP for the night as he had been shut out of his lodgings. He was not a swell and could not afford to pay a large price for accommodation. The constable , told him he could not lock him up. He was hostile m his man.ner towards him and recommended him to a place across the street. He (Lalor) went to the plax)e and was told the price for a bed was 2s. He told the woman he could not afford to pay that price, so the woman told him she could not be bothered with him and slammed the door m his face. He again asked the constable to look him, up when that officer gave him a pus"h, rudely caught him by the collar and said "get on" p-sin-' a South African equivalent for that term, and kicked him twice m the rear parts ; they were not heavy kicks. Lalor said nothing, as he knew it, was a dangerous thing to resist a policeman m the discharge of his duty. He was then obliged to wander about the streets till 4.30 a.m. He was waiting for an- hotel or lodging house to open so that he could turn m till mid-day. Suddenly about that hour named he again met the policeman who ordered him to "get on," again using the South African term. Lalor appleaed to the constable to" leave him alone as he Was doing no harm and only waiting for the hotels to open; Fraser then kicked him and he (Lalor) defended himself. He felt justified m doing so. Fraser . _ , -..

SHOOK HIM VIOLENTLY and threw him and knelt on his stomach and beat him about the head. Lalor cried, "For. God's sake let me up." Fraser lifted him and again kicked and generally belabored him. He was hand-cuffed, and when nearing the station Fraser said "I have a good mind to turn you loose and see who 4s the better man. I would like to give you a. damned good hiding." Lalor replied, "I am getting an old man. Leave me alone;/ come into the station."

Edwards.- J. P. :■ Were you under the influence of liquor? No. I had had a drink ; but I Was perfectly sober. To Sub-Inspector o 'Donovan Lalor gave his age as 40.

You're not so old.— Well I have had a hard life, aiid had a lot of ronr-h usage and besides it has been an unlucky life.

You're just about strong enough for the constable ?— No ; he could wine the ground with me. In my prime he could have beaten m**_

Neither Lalor or Fra.-"' pvh'l)it°d an*^ marks of violence, though the accused said that m the c»lls hi* face was rn irn *-' , (i with du t, t. t- To w«--nt on to say that between 1.3 o'clock' and 4,30 he spent the time walking

about the streets ; the names of which he was well posted on. He could not tell the name of the street he met Fraser m at 4-. 30. He had about £i m silver on him and he thought , that 2s was an exorbitant charge to make for a bed. He considered he was BEING IMPOSED UPON and the woman would not listen to him. The language the constable used to him was "not Parliamentary." To the Chairman Lalor repeated that he thought the charge . of 2s for a bed was an imposition. He was an obstinate man and he would not pay such a sum. Moreover, he was only m the habit of paying 6d or Is at the most for a bed. Mr Edwards, J.P,, after consultiai~ with his brother beaks and endeavoring to look severe said, "This is a serious charge of assaulting a constable m the execution of his duty. Understand; if ydu are .brought before the Court on such a < charge again you will be severely dealt with. Your are discharged for the present. This "not guilty but don't do it a^ain" . verdict is qiiite m keeping with the intelligence of such a Bench. To. assault a policeman is undoubtedly a serious offence ; but what about a constable assaulting a peaceful civilian. That aspect, more serious than the other, seems to have been lost on the amateur beaks. This case is one which Commissioner Dinnie must give careful consideration to. otherwise it will be a dangerous thing for any man to speak civill^ to some constables after d_-»rk. The force needs ridding of men who. under cover of their "Coat," bully and illtise citizens^ whom they are paid to protect. »