JOHNSTON'S DISJOINTED JAW

NZ Truth, Issue 852, 18 March 1922, Page 5

JOHNSTON'S DISJOINTED JAW

WAS IT JABBED BY A JUDICIOUS 10HN0P ? Alleged Assault By a Constable DID HARGRCAVES HAMMER IN A HEFTY HIT?

The hearing of the charge of assaulting Gilbert John Johnston so as to cause actual bodily harm, preferred by Johnston against Fielding Hargreave's, an Auckland constable, was continued before Mr. J. W. Poynton, on Thursday at Auckland. Mr. J. J. Sullivan appeared for the informant Johnston and Mr. Moody for^Jargreaves. . On the first' dVy of the hearing Johnston, a carrier, gave evidence that he was arrested on Christmas Eve for being drunk when m charge of a horse and cart. He was 'placed m a yard at the station with other- prisoners, one of whom, began throwing a tin iri the air. Johnston picked the tin Tip and then sat on it and' v/as'sitting smoking a cigarette when Constable Hargrevaes came into the yard,- and, without saying a word, struck Johnston, breaking the latter's jaw. .a * . When the was continued on Thursday, Mr. Sullivan called John Miller, who said , that Irin Christmas Eve last, he had the misfortune to be m custody on a charge- of doing damage to a washstand set at a house. He remembered Johnston being brought m. Johnston said, "It's Christmas.'Eve, boys, have a cigarette." They were sitting talking m the Yard. A tin was rolling about the' yard so Johnston picked it up and put if down, making a' bit of noise and then sat on it. Johnston was not the man who had been throwing the tiri about.. They wera

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having a smoke when Constable Hargreaves and another constable came m. Hargreaves said nothing,' but walked -up, to Johnston and, with his right hand, struck Johnston on the left jaw. Johnston was knocked unconscious and was then picked up and put into a '-cell.' Witness said, "It's ? very hard, constable," arid Hargreaves replied, "Any man who wants anything can have it here." ' ■ Witness . did not know Johnston at all before this incident. Mr. Moody: How many times have you seen Johnston since? — The only time was one day m the Caledonian Hotel before I went away. His head was m baridages. If Johnston says he saw you m the street *bne day arid you went with him to his solicitor he would be incorrect? —No, 'he is correct, I forgot it for 'the moment. I met him one day near the Waitemata Hotel. , ■When did you come down, from the country? — Yesterday. •"-.".: Did you see Johnston yesterday? — Yes, at Mr. Sullivan's' office. r Did you see' him this morning? — Yes. ..." .•■'.'.,.' '- . Talk about the ca§e ? — No, I only saw him for about two minutes. Have you discussed , with Johnston how many men were m the cell when you- and Johnston . were there ? — N6; You say there were four or five men there?— Yes, might have been six. Now the police sheet shows there were only two- "'men there? — 1. don't know about that. Were you riot tinder the influence. of liquor? — No- . '...-*. Johnston was , drunk when brought 'm? — I wouldn't, say that; He had had drink. ' " - t The constable never said a word to. him? — Not a word. Just ■ . r WENT UP AND CRACKED HIM? —Yes. Didn't Hargreaves accuse Johnston of making 'the noise?— -No. Do you remember being inspected hy the Sub -Inspector that night?— Yes. Johnston, was with y,ou?— No. You said nothing 1 about ' What had taken place? — No,Have you been .paid your expenses for coming here to-day?— No. . Have you been promisedxthem?- — No. If Constable Hargreaves swears that Johnston refused to get. off the tin and he was pushed off would you contradict him? — Yes. Was there any disturbance m the yard? — No, everybody; was happy. This closed the evidence for the prosecution. " v , , The accused, Fielding Hargreaves, said he had been m the Police Force m New, Zealand about ten years. He was watch-house keeper on Christmas Eve and heard a noise made by a tin being thrown about. He went into

the yard and saw Johnston sitting on the tin and accused assumed he had been causing the? noise,. Johnston denied throwing the tin about and refused to get off. I Went to get hold of his right shoulder with my right hand and he fell over on His right side. Johnston fell on his head on the concrete and the grab that defendant made was riot sufficient to knock complainant over, and he thought that m trying to avoid him Johnston fell. Defendant then noticed that Constable Sullivan had fjOllowed him m and gave defendant a, hand to carry Johnston to the cell. They put him on. his feet,, but v iri ; witness's opinion Johnston was not stunned. Some little tirrie afterwards defendant had Johnston brought to the watch-house, when Lockley called to. bail him. When Lockley saw Johnston and asked him what he had been doing. .Johnston pulled out of his pocket a tooth. Defendant was busy . at the time arid Constable Nalder practically had charge of Johnston. Defendant went off duty at 9 , p.m. and was not present later when he was bailed.; Prior to that defendant accoriipanied Sub-Inspector Till, who. Inspected, all the prisoners. Johnston made no complaint and defendant did not notice anything wrong with Johnston's face. . Johnston told defendant be ..' '.'' .' ■• j ." WOULD HAVE HIS OWN BACK." Defendant ' remeriihered Johnston coming to the station after being .dealt with at the court. Defendant mentioned about' the tins being kicked and Johnston asked to.be taken before the man who said he had kicked the tins. Johnston appeared to be all right and there was nothing to suggest ;he. was m agony. Mr. Sullivan:' What wag the first iri r timation you had that there would, be any proceedings?— On January 28, Sergeant Flanagan made a report stating that Johnston had made a com-: plairit, and I was asked to make a report. In the report is there anything about Johnston refusing to get off the tin? — Yes, i simply said he refused to leave the tin. Did you mention m the report that Johnston's ear was bleeding? — No; I can't remember it if I did. . Did you .mention about his tooth ? — j Yes.. . '-,:''. What did you say? — He produced frorii his pocket a dry and rotten tooth. Did you hear Mr- Mclndoe's evidence that the tooth was twet with blood at the time?— Yes. So that Mr. Mclndoe was wrong? — He was mistaken. Ver Why was it that cigarettes, matches and other articles iiisually taken from prisoners were not taken from Johnston ? ; — I am <unahle to say. What was Johnston doing when you went into the yard? — He was sitting on a tin. There are no seats m the yard? — ■ No. ' Why did you single Johnston out? — I assumed he was the man who had made the noise. Did you take any other .prisoners to a cell?— No. < Did Constable Sullivan assist you to .put Johnston m the cell? — Yes. ' Didn't Johnston make any effort to stand when you went t,o lift him? — We didn't give him the time. I put it tb you that the reason you didn't give him time .was because HE WAS KNOCKED OUT? — Not at all. I put it to you he was knocked out? — No, he was dazed. Dazed with drink. Was there any blood about his face? — There was sliglit blood at the ear. He was dazed with drink when he fell off the tin?— -N0, . 1 don't say that. I don't say he was drunk then. And he. had time to sober up by the time Mr. Mclndoe called? — It was the usual time we allow men to sober up. So you say the drink he had, together with the fall,. dazed him? — Yes. How. high was the tin he was sitting on?— About as. high as, an ordinary chair seat. Was, Johnston's jaw ' swollen that night?; — -I didn't notice it. Wasj 3 r our, attention drawn to it by anybody ?— No!, ". . . Do you, remember .mentioning m front of Lockley a'bput damaging Government property? — I may have. But why did you mention anything at all .about Jphnston dairiaging Government .property? — I .was m charge of the station. , ■'...' -„,. Now wasn't it, because Johnston charged . you . with hitt jhrig him? — He did not charge me, with; that. „ Do you deny admitting . to Lockley that you' hit Johnston ?r-I- do. . : Did you discuss Johnston to Lockley at- all?— Yes..' What did you say?-r-I said, "Your friend is rather rough. He's been knocking the property about inside." What did Lockley say to that?— l don't know. Nov/ you didn't hit Johnston; and he did, not knock the property about, and yet you discussed it with Lockley? — Yes. .."...'.;. How. was Johnston rough? — I know Johnston — by repute. . Didn't Johnston accuse you, m the presence of Lockley, that you struck him? — Yes, I saw the tooth. Why didn't you reply? — Because I was busy and Constable Nalder was m charge of the station then. But. Lockley; a reputable man who was a sergeant-major m the army, says that Jphnston produced the tooth and mentioned that YOU HAD HIT HIM? — He must have been under a wrong impression. Is' your record of the police good?—; Yes. ■ - ' ' ' Have you ever been reprimanded by. anyone? Mr. Moody objected. His Worship: The other man was questioned and the same must v apply to this witness.' . Mr. Sullivan:. Do you drink? — I have a "spot" now and again. Have ybu ever been reprimanded by a superior officer for having drink or smelling of drink?— Yes, two or three times. What is your opinion of Miller's condition at. the station that day ?— He was getting on towards the "bats" — "ding-bats." And was he charged with drunkenness? — No. Senr.-Sergt. Rawle -said that he arrested Johnston and also appeared m court when Johnston was fined. There was no swelling of the jaw then. The first he knew of the present charge being laid was on January 21. Sergeant Flanagan said that \he was at the watch-house about 8.45 p.m. on Christmas Eve. Johnston; pulled a tooth out of his pocket and indicated it had been knocked out m the cell but he did ■ not say by -whom- Witness saw no swelling- 'of fine face and Johnston made no complaint. '- -■ ■ Sub-Inspector Till said he inspected the prisoners at 9 p.m., but Johnston made no complaint to him of being assaulted face had "no marks of violence:;', -; w ' 5 ■• ■- " ; '•.-.,'' ' -" - This'vcoriciuded the evidence.^Hargreaves..pleaded not guilty 'ana was .committed to the Supreme Court for trial.