HANDLED AND HAMMERED BY HENDERSON

NZ Truth, Issue 605, 20 January 1917, Page 5

HANDLED AND HAMMERED BY HENDERSON

CONSTABLE FITZGERALD ENTERS A PRIVATE HOUSE AND IS PULVERISED Swears He went m to See how Nice and Clean it Was "MM" HENDERSON ENTERS ABOUT THE SAME TIME AND CLAWS THE "COP" He Alleges tfaat the Policeman was far too Free and festive with his Wife The Woman's Evidence Taken at the Hospital — A Sensational Story Sworn to m Wellington Magis- ,■ trate's Court — Magistrate McCarthy says it is a Case for Judge and Jury

. Die adjourned hearing of the case m whioh ,a (man named Charles Henderson, a Norwegian, 47 years of age, was charged with that he did assault one William Fitzgerald, a police constable, by striking him over the face with his fist and. "an instrument" m such a manner aa to do him actual bodily harm, was, heard m itho; Magistrate's Court on Monday, before Mr. ,S{ , E. McCarthy, S.M. . The alleged assault took place onDecember I§, 1916, and at the house of the accused, who was represented by Mr. P. W. Jackson. Owing to the illness of Chief -detective Boddam the prosecution wad conducted by acting Chief -detective Cox. Williamj Fitzgerald, a '. . YOUNG, ANGELIC-FA.CBD CON-n STABLE, ■aid that on December 19, 1916. he was on duty m Molesworth-street and met the accused's wife. He asked her how her husband was treating her latterly and stood talking: to her for a, minute or .so."" : ■'•■.■■• ■'••'■'■ Here Mr. Jackson raised an objection to the conversation as evidence. Detective-sergeant Cooc: Were you In conversation with her long?— For about two «r three minutes and I then left her and met . Sergeant Wade at about 7.45. I returned along my beat to the Princess Hotel. How far did your beat extend?— From Lambton-qtucy to Ettzherbertteirace. '; '• ;' ■■ i ■ > .Continuing, the witness said that during the process of patrol he passed and repassed the accused's house several times; Sometimes he was' on one side of the road and at other times on the opposite side. He saw Mrs, Henderson again about eight o'clock, and "from something eh© said," tie went m by the front door to have a look at the house and entered the front room. He had been there about seven minutes when the- accused came m /from the back of the house. . He said, "What are yon doing here?" rushed at witness and struck him on the head -with his fist sov&r&l tides* . ' - . ■ Did you struggle with him?— Yes, I struggled with him for a while and he caught me by the coat and threw me on the floor on my back. I then called to the accused's wife to send for the police and she said, "AH right, constable" and went out. The accused held me down and struck me on the head Boveral times with, bis fist and some other Instrument. When he had you down were you unable to regain your feet? — Yes. • Outside of the assault did the accused do anything else to you?- — Yes. He tore. open the front of any trousers and, sung out to the people outside to come m as witnesses as he had found a policeman m bed with his wife. Did any of tlte people come m? — No. Who were the first to come In? — I do not. know ; AS I WAS UNCONSCIOUS / ! when the first person arrived. Henderson kept on . saying, "You're mine" until the police came and he kept on ( striking me with his fisst nnd some ether article until I was unconscious. To Mr. Jackson: He bad known Mrs. Henderson for about six months. He had been to the accused's house on one occasion to serve accused with a Summons . On the night of tho assault he met Mrs. Henderson, who said "Good night" to him. He asked her how she waa getting on witlr her husband. !^ Why did you ask her that?— On account of the previous treatment by the accused. , Continuing, the witness said that Mrs... Henderson told him that she received the same kind of treatment as usual. Her; husband had told her she ought to go out and earn her living on the streets.; She also told him of her having to soil her clothes m order to buy food. Mr. Jackaon: How did you come to •nter her houso?— Sho invited me m. What for? — To see how well it was kept, . Was that part of your duties as a policeman to hoo how sho kept her house?— Perhaps it was not. Continuing, the witness said that it wns about dusk but he would owear positively that the blinds were not drawn. What condition was Mra. Henderson m? — Sho appeared to be quite sober. Do you know that she Is a v woman who drinks?^ — Yes. And you aay that sho was qulto sobpr when you entered her houso? — Yea. And yon «ay that you had been In •bout ono minutes when Henderson came In? — Yes. Where woro you? — Sitting on a couch. Whero wa« Mw. Henderson? — She was standing closo to me, talking, to mo, What wer« you* doing there? — Sho jwked mo to go m. And you intended to havo a thorough Inspection?-— Oh, I don't know — If she asked mo to T would. Wore you at any time standing: qulta bloho to Mrfl. ITontleroon with your hand on her shoulder? — I was not. Did you «ay Ranaothing' to Mrs. llenierson about "come along"? — I'LL SWEAR THAT r DID NOT. What woro you talking: a"hout? — We wtfr<* talking, about domestic troublcw. T!m< witne'm.lti answer to another qiu-uion. said ho would deny .m ullejrnti'Hi that misconduct had happened In tho house Hid you ro^ly to Henrioraon when ho came In and MsJ<\. "What arc you doing hero"" — 1 <lfd not havo tlmo to reply; ho rushed at mo and struck me. Did you ntrlke hint? — No. I struggled with hun (or a while. Ho Btnick ni<* several .tfanos nnd I tried to stop him. And you got all tho knocks, ho pot i»otbinj??— Yes. 1 think ho then cot you by tho throat esstd there wn» a violent strugglo be-

tween you, of which he got the best? — Yes. /Did you fall over a table m your struggling and knock ornaments and vases over? — No. Were you not cut?— Yes, with a glass instrument he used on me. What sort of a glass instrument was it?— l don't know, but I felt.it break on my face. '....' Was it not rather that your face got cut when you fell -on the floor to there being broken glass or crockery lying there?— No. . v What were you doing all this time to allow him to repeatedly lilt you m this manner? — I was lying on the floor and he was, on top of me. i Did you make a grab at him?— No, I did not.^ Have you seen Mrs. Henderson since December 19?— Yes, she called to see me at the hospijtal. Do you know now that she is m the hospital? — Yes, I called to see her yesterday. ' . , Did you then itell her to stick to you and to let Henderson go. That you being ■' - -■" ■■' ■ •'..■' ■■■ ■•' .-■ ;; .-' A CONSTABLE WOULD BE against anything' that was said? — No, I did not. : Did you have any conversation at all about the affair? — Yes, we hadva few words, but that was noifc the real object of my visit. I was there on duty m th'e next ward looking after a suicide case. • , So you did not visit her In your official capacity as a constable, but as a private citizen?— Yes. ' You also went unknown to your superior ofßcers?— - Yes. If Henderson and Mrs. Henderson both swear that misconduct took place that night will you still deny itT-^Yes. James A. Hurley, Government Bacteriologist at Wellington, was next sworn and he testified to an examination of the constable's cldthes and de-

tailed the result

A nine-year girl said that she lived^ with her parents m Molesworth-street and .that she, knew the Hendersons. On© evening last month she' remembered a lot of people standing outside the house. She saw Mrs. Henderson m- Molesworth-street speaking to a constable. Witness could not identify 'Fitzgerald as this constable. She saw Henderson the same evening standing behind a lamp post at Anderson's cart entrance. This was just after witness had passed the constable and Mrs. Henderson. Cross-examined by Lawyer Jackson, witness said she saw the constable afI forwards leave for Lambton-quay. Alice Jarvis, married woman, residing at 117 Molcsworth -street, next door to Henderson's, was next sworn . . She ! said that on ' the evening of December 1.9 last she saw a constable pass hor door at 8 o'clock going m tho direction of Lambton-&uay. WHneus did not see where «the constable went to . Neither did she see Mr. or Mrs. Henderson that evening. A daughter of the last witness, sworn, said she did not know the Henderaons to speak to; only by sight. Ono evening m December *>he saw a lot of people outelde their house. Prior to this she saw Mrs. Henderson outside her front fence. Mrs. Henderson wub not spooking to anybody. Witness also saw tho constable on his beat that evening pass their house. She did not sco the constable any more. His Worship aaked thd child if she thought Mrs. Henderson was drunk. Witness replied that sho did not understand . Mary Ann Carr, an elderly lady, was accommodated with a seat m tho witness box to give evidence. She said sho resided ut 1H Moles worth -street and that o.t tho evening of December 19 there was a DISTURBANCE AT THE HENDBR- , SON*S HOUSE oppoalte. Between eight and half-past that evening Mrs. Hemleraon rushed out of tho front door ot her house callin out, "Never mind tho constable. I'll Btick to you to tho ond." Mrs, Heiulerhou whs very excited, running about and calling "Police!" Witness could ; not 4ay whether tho woman was sob^r or not. rWitness also heard two men's voices coinJnK from the house. Ono voice was saying. "Come In and rco how I huv> coppod them." Tho othor volco \v:is calling for h^lp. uuinc tho wortlß. "Como m -maids nmj help." Witness said sho U»i>w llomlcrnon !>y sight, atul had ««.o!i him an Howral provlous evenings huuKinj? jcuik! outuUle his house. HIH uctiona pravc !«>r tho impression that tho man -whs watching owt for Homeono. Thsre hnd never been to tvltncßs'a kuo^-ledgo any

undue rows at the Henderson's, previously.

Cross-examined by Lawyer Jackson, witness oould not give the precise dates on which she had seen Henderson hanging round the Molesworth-street neighborhood. Doctor C. J. P. Morlce. Medical Superintendent of the Wellington Hospital, was the next witness. He testified to the condition of Constable Fitzgerald when he was brought to the hospital on December 19. The constable, said witness, was m . A DECIDEDLY DAZED CONDITION. He had a deep cut under his right eye about two inches long, shallow at the outer end, but getting deep towards the nose. There were also several small wounds on the forehead and on the bridge of the hose. His right. ear was cut and Mice the other wounds required sewing up. There-were also numerous abrasions about the head and he also had a bruise on the right hip. Out of the facial wounds the doctor said hepicked a number of pieces of blue enamel like substance. The constable's head and face on the right side were very much swollen. The patient improved his condition and was discharged on January 5. Witness reckoned that same of the blows at least were inflicted with a hard object^ such as 'a battered enamelled candlestick (produced). ' Cross-examined by Lawyer Jackson, witness said that none of the wounds could be described as serious. Clifford Ackroyd, a porter employed, m the Railway Department, said he lived at 91 Hobson-street.' On December 19, at or about 8 p.m., he happened to be going home up Molesworthstreet.* As he passed No. 116 he heard a man say, "Young fellow, come and help me, he's killing me." .'Witness could not see who it was who was calling out. Witness said he was there for half an hour. The front door was partly open and during that time the disturbance was going on inside, witness hearing struggling, blows struck and calls for help. Witness thought it was a kind of domestic quarrel . A woman was outside the house calling for the poHce and shouting out, "You'll be alright* constable; Til .see to you." Witness asked two or three fellows to come m and give a hand as he would not- go m on his own. None of the men he asked went m until the detectives and police arrived. They came on the scene half an hour later. Cross-examined by Lawyer Jackson, witness said he could only see two figures m the doorway. He could not Bee anything clearly, but only dimly. Constable Staniland, stationed at Lambton-quay, was next- called. He said that m consequence of receiving a telephone message on the eVening of December 19 he went to Henderson's houso m company with Detective-ser-geant Rawle, Detective-sergeant Lowis and Inspector McGrath. There was a big crowd of people outside the door. On getting inside the house they found Constable Fitzgerald lying s on his back on the floor of the front room. The accused Henderson was i THEN KNEELING ON THE CONSTABLE'S BODY • and holding him down by the two wrists. Nothing was being said by either the constable or Henderson. De-tective-sergeant Rawle got Henderson j off the constable and said "that will do." After Constable Fitzgerald got on his feet he said, "Arrest him; charge him with assault," The constable said also, "I was going into the house about some trouble when he struck me with something on the hood and knocked me ! down. Then he unfastened my trous- j ers and alleged I had been misbehaving with hi» wife." At this Mrs. Hen- j deraon exclaimed, "That is not true; be j nover interfered with me." Fitzgerald's ! trousers wero disarranged, and his head and face wore covered with blood aud there was some of the latter on the i'oor. The room was very much up-f-'.-t, timl where they found the constable) lying was a lot of glass, including a kerosone lamp which Henderson said ho was going to settle Fitzgerald with. Tho accused Henderson was perfectly sober and had apparently no marks about him. Cross-examined by Lawyer Jackson: Mi'H. Henderson was m a very excited j condition. ' Detective- sergeant Lewis fravo corroborative evidence. When ho pot In the houso ho heard Constable Fitzgor- \ old say, "Take him off and chargo him ; j he's killing me." Mrs. Henderson was calling out. "He's a criminal, he's a ! gaol bird. He's been knocking me about. Why don't you arrest him?" '< Constable Fitzgerald gold. "Yes, there was a row and I came m to stop it and this was what I got" Detectivo-sorgeant Rawlo also corroborated. Ho detailed recolving ft statement from Henderson which witness took down m writing . it stated, ' Inter alia, "For some timo past 1 ■ havo suspected my wifo of carrying 1 on with other moh. To-nlpbt I arrived I homo at 5.15, dressed myaclf and wont j down Molesworth-Btreot. I next saw j Constable No. 100 and Mrs. Henderson talking for fully 20 minutes. Next Ihoy separated, walking on different sides of tho .street. Mrs. Henderson enmo to tho houso ami went m. whilo tho constaMo walked on n.» far us the Princess Hotel, turned round ami walked back on tho left hand akle and entered my houHO by tho front door. 1 entered my house by (ho bnck door and hoard tli<« oomUible ask my wife nomothlnfr. Tim consl-.iblu mbronilur-ifMl himself with my wife. Then I attacked tho i-ojist.-iblo :u<il v.'»> hail a tvreallc. i attacked tinconstable with ,my bare flats, unfii h<; t>or:tmo exhausted, whon I thrctv him on (hi- fU.<.r ft ml k«?j»t him thvtv for about half ;wi lyjur till the nolliro canic." Wit nous further dr.vrrlbetl receiving: tho < oJts'.uble'M rarmciiifl from tho boxpltal. Hy tho direction of his nupcrlor onicor, witiKw submitted tbo trar-

ments to the Government Bacteriologist for examination. Constable Tockerj watchbousekeeper at Lainbton-quay on December 20, said he saw and spoke to the accused on that morning. While Henderson was In the" watchhouse signing bis property sheets', he said, "Things axe alright for me this morning." Witness replied, "I expect so after THE DIRTY AND COWAEDLT ASSAULT you mad© on the constable. I wish it had been' me, you would have got something for it" Accused replied, "That is alright. Had, you caught the constable at the same' game as I did you would have done the same. If the detectives had not arrived I would have smashed the lamp across his face and done him m. I deny he had a right to go there." At this stage Lawyer Jackson asked his Worship if oh the doctor's evidence, the charge could not be reduced to one of common assault. If this was done his Worship could deal with the case summarily. His Worship, said he did not think it was a case of common assault. Lawyer 'Jackson (then enquired, m 'view of the very serious condition of Mrs. Henderson, if her evidence could not be taken as soon as possible, lest it bo too late. The cose was adjourned till Tuesday to see what could be done. The case was resumed on Tuesday when the evidence for tho defonce was called. The court was crowded and great interest was displayed m the case. The S.M.: Are you going to call any evidence for the defence, Mr. Jackson? Mr. Jackson: The defendant will give evidence. Accused was sworn, and said thnt he was. a watersider and on December 3 9 ho was working m the store of tho Blackball Company. He lived with his Wife and family. He came home on that occasion at a quarter post five.

Mr. Jackson: Did anything occur between you and your wife? — No, except that SHE WAS PARTLY DRUNK. AccuHed. continuing, said that ho hnd tea, dressed, aifd wont down the ?UTcet. His wlfo wont m the nnmn direction. Mr. JtickMon: Did «ho speak to anyone? — Yea, to Constable Flugcruld. How long did they talk?— About 20 minutes. What did Mrs. Henderson do then? —She turned round /m a terrible -hurry and went homo. And where did the constable go?— Ho went m the srunc direction but on the oppoaite aide of the road. i Where did tho r.onatable go?~lli> I went right up to the Princess Hotel. [ lit) did not iftay thijrß any time but Oitmo straight bacK. runt, when right opposite my J>luoe, Mrs. Henderson ; stood Just Insido the fence. The coiifii.'ibW* was right ucnmH the road at the time. Mrs. Henderson signalled to him :u'rosj< the rand to him (illustrating). Wha.t did the conntablc dn?-- -The i:on.iiabk' went straight »i:ro.««s tinroad, ihroujrh tho front g;no and through the front door, Mih. Hcudorson, went In front of him and bl«j jiull■ed the door behind him — not shut. Th» blind was uiao pulled down to within

I four or five inches. As soon as the constable went m I whipped round the back. 'When the constable went m to my house I was standing 27 feet 3 inches from my gate. I measured it with a two -foot rule. I was m the house almost as soon as he. What did you do when you got inside? — There is a matchlined petition with curtains over, tho doorway and I got behind that. Did you see the constable when you got m? — Yes. And your wife? — Yes, I placed myself by the cupboard, close beside the door, and held the curtain a little way to one side. I saw the constable. I did not know him at the time, but I know him now, to my sorrow. He was standing close to Mrs. Henderson— almost touching her. . . Was anything said?- I—The1 — The constable said,. "Come on, Mrs. Henderson, don't be too long." She said, "Oh, it's all right, you need not be frightened." Here witness went into certain details. "I WAS WATCHING ALL THE PERFORMANCE, and made one leap across the floor," said the witness. . Mr. Jackson: What did you do? — I put my left arm around his throat — as hard as I could — and I punched him with my right m the face. Where did you hit him?— Fair m the face-^-as hard as ever I could. I hit him five or six times. Ho sal 3, "G6od God, what is this?" I said, "You dirty , I'll show you what's the matter." Then there was a struggle. What with Mrs. Henderson struggling, and the constable too, I could not hold him down. As soon as ho got up he made a rush at jne, but he was handicapped by his clothes. We continued to strugple and he went down like a log. Was there anything m the room? — Oh, ye 3, chairs, vases and .things which were broken. The constable fell face down on tho floor and I could hear the things smash under his face as he fell down. Were you struggling when the detectives arrived? — No, I was kneeling down beside him, holding him down. What was your wife doing? — She was screaming out. Wh,llo 1 was kneeling down beside tho constable ho broke his left arm free and ho hold me. I then struggled and struck him as hard as T could m the face. Did you strike him with any article? — That's my article. (Laughingly exhiting his list.) THAT'S TITO ONLY ARTICLE I USED. Continuing, accused said (laughingly) that ho was snre that It waa not he who I had disarranged the constable's dress. ! "1 can swear to that," said he. ; And you swear that your statement is true?— May I be struck doad and never leayo this box alive. May I bo I paralysed for over it It is not. Acting-Chief -detoctlvo Cox: How | many of a family have you got? — 1 have flvo of my own and three of ano- ; ther. family. Continuing, m answer to furtlior questions, witness said that tho children were m tho Receiving Home, "through that woman— my wife." He had not known Constable Fitzgerald nor hud )w been served by him with a | summons. Dotectlvo Cox: You say that '< aftor Mrs. Henderson spoke to Constable Fitzgerald thut uh« j returned to j her house?— She did; I can prove it. j And you .say th.it ho did not yo to LttmlttOM-fjuay? — He did not. 1 i-an swoar to it. Now, I want you to bo careful. You say that ho went up to tho Princess ! Motel ?—Toh, uml went into the j urhm». j When you went l<-> t ho house, did you .see the constable? —I did. He was .Mtum'iing closo up to Mr*, Hc?ndor.son— j .'iliiK'Nl touching her. How loiift lid yon wtay there wfttoh- i Ing Mrs. Hcuulr-r.'tnn bt;f<>ro you illd j anything? ~Xnt Inns,', aVtout threo mln- ! tIU-ff. ■■ Witness ??ni<l that hi- .saw Mr». Il>n- j <lt'rso!i ami th<- ronstaUK- di«. r irranjT<? i their clothing. Th«T<: w.ih nothing j snkl :ik to mutiny <»r any thing fter. Hi 1 : tnum havo ninu-i; Jshn I'd times. j Ui'i'd witness wen! iiuo furih< ■»• <!■•- j I a Mm. "I thought I would zivv h!in ;i good i-hnn>:c to «.-» vi\ with ilu* buhllU'Mi," nrdO lie. And then you rusllcd the cftmitnbta and uttsmultPii him?-- -I Uid — and 1 am 1

proud of it, and will be proud of it until the day I die. I would be worse than a bludger if I had not. Is it not a fact, that after you got him (helpless on the floor, you disarranged his clothing? — IT IS A LIE. Here a candlestick was produced, which the, accused denied havlug used as a weapon of assault, and swore that it could not have been bent by striking "the face of any woman born of a man." The constable did not commence an assault oh you? — No! And you watched him for two or three minutes? — I did. I guessed what was going to happen. Therofore, the constable gave yon no provocation? — No provocation! Whai would you have done under the circumstances? Well, any respectable man ' would ■have prevented it from occurring, and. would have ordered tho constable out of the house. Again tho , blue-enamel candlestick was produced, and Henderson BUid that .he could not account for pieces of blue enamel being found m the constable's wounds — unless he had fallen on if. ' The Bench: What distance were you standing away when the constable and Mrs. Henderson were conversing?— About S or 9 chains. Hero accused went into details of his "having 'stood m tho doorway of a neighbor's house, and from thut place, ho saw tho constable and Mrs. Henderson enter his house. Tho Bench: Havo you spoken to your wife about this case? — Certainly not. , But the constable has. At this juncture his Worship nskod if Mr. Jackson would like to call any more evidence. Mr. Jackson salt! that ho would like to have the evidence or Mrs. Henderson taken, and his Worship adjourned the hearing till three o'clock, to take place at the hospital, where Mrs. Henderson is lying ill. Bail was allowed m a sum of £2fi. MRS. HENDERSON'S EVIDENCE. The evidence of •' May Henderson, wife of the accoaod, was taken m Hospital on Tuesday afternoon. She said: "I know Constable Fitzgerald through hlfl coming to my house on two occasions. On the evening of December 19 I met him close to the Metropolitan Hotel, and ho said, 'How juv you g«ttinf.r on with Henderson?' I said. \Ju«t about tho same.' He canio Into my house to sco how oloan It wns, as 1 hud askod him to come In to see how spotless it was beforo I went away. Ho went through all tho rooms. My HUSBAND WAS NOT HOME when ho came m. Thinking my husband was working, Constable Fltxgorald sat on the sofa and had a talk. We got familiar at tho finish and I said 'Yes.' It didn't happen, but ovorythlnff was* prepared when Mr. Henderson camo In." To Sergt. Cox: The constable was In the house from ton to fifteen minutes before Henderson cftmo m. After tho detectives cuimo on tho scone thut night I made a statement which wan road over to ins and which I said was 'true and correct. I also said it waa correct when it was read over m the police station In my huabuml'a presence. I tried to shlold my honor. To save myself and my duu«htor I did not oay unythlng m tho alatemont about the constable attempting to interfere with me. Tln> witupjrs wns briefly re-examined by Mr. Jackson. To tho S.M.: Since tho nlgbt of tho sirugirio my husband wn.s v eecn by ! mo once at the pollen station and oni-e at the hospital. 1 had a BLU E- 13N AMKLLKD CANDLESTICK nimikir to tho one- produced, which I rnisßiMi. 1 cannot swojir that this one m mim\ 1 fir.'v >aw tho trousers down whon Kit afraid wiik pulled ofr me by Henderson. On Tiji-.tday afternoon Henderson wits brought tip JtfMm at ih<% S.M's, Court unrt formally ch.irjyotl. |j«> pWradi.Ml not jtuihy, and wrt.s cited to j l ho .'i'Mtircnu' Court for trial. Uail wan ,'i!lf>u'f'ij m nn>\ nuroly of .(.':.'*>.