ASSAULTING A CONSTABLE

Otago Daily Times, Issue 21531, 31 December 1931, Page 10

ASSAULTING A CONSTABLE

'MAN AND WE CHARGED MALE ACCUSED! SENT TO PRISON • In attempting to arrest Emmett James Hussey in Rattray - street ’on tile evening of December 21 Constable Simpson found liimself involved, iii an affray in which Hussey and his wife, Dorothy Hussey, joined forces and endeavoured to terminate the proceedings with a ; couple of beer bottles directed at the, constable’s head. Constable Simpson received serious gashes from the broken glass, but with the assistance of a bystander who held the kicking, struggling woman, he managed to draw his baton and force his prisoner into a taxi. The sequel' was heard in the City Police : Court yesterday before, two justices of the peace, Messrs H. E. Mbllei and ’G. Stratton, when Hussey, was charged with using . indecent language in a public place, with assaulting Constable Simpson while in the execution of his duty, and with damaging the constable’s uniform to the extent Of. £4 Bs. The wife was 'charged; with .assaulting the constable while in the execution of his duty. .... ■ • . , Senior Sergeant Cameron represented the police. , ■ Frank Raymond Hull said that he was gqih t ' home at about 10.30 on Monday night, and when near the brewery in •Rattray, street he saw three men and a. woman. A constable' came along and asked them to move. Two men and th'd woman moved away, but one stayed about. He was asked to move again, and he walked to the corner. The constable followed. Witness heard an ai gument between the man and the constable* and he heard the man use certain expressions to the constable. A struggle ensued, and’ witness rushed down, ihe constable was bleeding freely, and after a while he overcame his opponent and struck him with his baton. The woman was interfering with the constable, pulling his coat and getting in his way. Witness held her, and she kicked him, and he had , to throw her to the ground. There were some broken bottles about, but he did not see either of the defendants strike the constable with a bottle. Constable Simpson said that he was cm duty in Rattray street at 10.30 p.m., and he'saw the two accused and two men. The. men were drinking beer outside Speight’s Brewery. He asked them to move on and Hussey asked him to let him pick up a bottle of beer that was lying in the gutter. The accused then moved down. Rattray street, where he was joined by-his wife,' Witness followed, and when b'c .was standing at the corner he heard Hussey tell his wife that witness had said that they were-drinking beer. Witness again asked him to move on, and Hussey remarked that they had not been drinking’ beer, and .that the constable had insulted him and his wife. 7n answer to Senior Sergeant Cameron witness said, that he had not offcied her anv insult. Hussey started to shout out that lie had been working overtime that day. He then used bad language, and witness caught bold of him to arrest him, and in the ensuing struggle they fell to the footpath. “I was only there a second or two when I got a severe blow- on the back of the head,” Constable Simpson said. . “ It was my husband who got the blpw,” interrupted Mrs-Hussey from the clock. , ... Witness added that the woman hit him over the head with a bottle of beer, which broke and inflicted a gash. Witness arose, dazed, and the woman i started hitting , him with his helmet, winch had come off. Ho pushed her to one side and before he recovered he was etruek another-blow on the top of the head by Hussey with a full bottle of beer.- ; The bottle broke and two fresh wounds ’ were inflicted. “That blow stunned me for a few moments and Hu='sev rushed at me again, witness continued. “I caught hold of him and

threw him on the footpath,' He got up arid I then drew my baton and used it on him.” . Mrs ■ Hussey: Also on me. The Bench;. Keep quiet. Witness ■added that he ; subdued Hussey. Mr Hull came to his assistance and held Hussey's wife, and witness asked another man to go to the Exchange and get,a taxi, which arrived in a few moments later. Witness had a hit of a struggle l to get -Hussey into, the;, taxi, and then took him to the police station. .. Witness produced a; tattered garment Avhich he informed the court was the uniform he was wearing at the time. At pe reqpest o.£ ;tlie senioi'-sergeant witness showed the justices his wounds. In consequence of these injuries he was, he said, still off duty. The stitches were removed only last Monday. Mrs Hussey lost no time in accepting the court’s invitation to ask any questions. “ Does- he deny hitting me on the head? ” she asked. Constable Simpson: Yes. “ You hit him first,” said Mrs Hussey. “You sprang on his back as he turned to come ■home with me. You know you are telling;, lies.” Neither of the accused gave evidence, but Mrs Hussey made a statement in which she blamed the constable for the whole affair and for what she alleged was an unprovoked assault on her husband. “ Do you want to call any witnesses? ” Mr Moller asked. Mrs Hussey: No. I can’t call the police' for witnesses. They only tell lies. The court decided to convict the two accused and the senior-sergeant said that before sentence was passed he would like to show the male accused’s record. The . police surgeon’s certificate showed that the constable was suffering from shock following lacerated wounds to the nose, and three scalp wounds on the back of the head and the forehead, all requiring to be stitched. “ Assaults; of this -nature; arc altogether too frequent; particularly in that locality,” declared the senior-sergeant. “ Only a fortnight ago Mr Bundle had to deal with two offenders who assaulted a constable. You will see that the male accused is a violent man and of drunken, habits. He has been given considerable leniency for thefts and other things, but lie does not seem to have profited by the lesson. I will ask you to consider seriously these offences because the constables are compelled to go alone into these dark streets. The two accused are fortunate indeed in not having a more serious charge against them.” He added that the accused had. children, but they were in a home and Hussey had been considerably remiss in his payments. ; After a brief consultation with his colleague Mr Moller said that they did not like the idea of sending a woman,to gaol, but people who used bottles should be in gaol. They had, however, decided to convict her and order her to come up for sentence within six months, if called upon. Mr Moller then addressed Hussey. “In future,” he said, “drop using bottles, because a man who uses a bottle has no rjght to be at large. You will be sentenced to two months’ imprisonment, and you will have to make good the damage to the uniform. On the charge of using indecent language you will be convicted.” The court also expressed its appreciation of the work of the constable and regretted the injuries that had been inflicted upon him. It was gratifying to see that the police were capable of dealing with that type of man. The court also expressed its thanks to Mr Hull for his timely assistance to the police.