OBSTRUCTING THE POLICE

Otago Witness, Issue 3429, 2 December 1919, Page 7

OBSTRUCTING THE POLICE

THREE MEN CONVICTED

HEAVY FINES IMPOSED,

The story of a fracas in the street had its in the Oity Police Court on Wednesday morning, when Oliver Peterson and Thomas Edward Smith were each charged with obstructing Constable Frew in the execution of his duty, and Percival Alexander Hunter with- assaulting the constable.

Mr Irwin, on behalf of Hunter and "Petersen, entered a plea 'of not guilty, and Smith, who was not represented by counsel, also pleaded not guilty. Constable Frew's evidence was to the effect that at 10.45 p.m. on the 21st inst. his attention was drawn to Petersen and Hunter, who were making a. noise by yelling out. When he told them to go away and make less noise, Petersen said ho would stay where he was as long as he liked, as it was a public thoroughfare. Witness again told them to go away, and then Hunter struck -him on the mouth, loosening a tooth and splitting his lip. Witness closed with him, and Petersen tried to pull him off Hunter, but he threw his man. At this stage Smith became one of the dramatis personae. He assisted Petersen to get him away from Hunter. Against such odds he could do nothing, and in the struggle both Hunter and Petersen made good their escape. Smith, who was then surveying the scene about 15 yards away, was taken into custody. When asked why he had interfered he said that the constable was getting the better of. the other two men, and "be wanted them to get a chance." Hunter was drunk, and the other two, though not exactly drunk, were under the influence of liquor. When arrested later by Detective Beer, Petersen said that he was under the influence of drink, and had no recollection of the occurrence. Hunter told the same story to Detective Kelly.

Mr Irwin said that the court would recognise the difficulty he was in. The facts were practically admitted, except the assault on the constable. He thought that there must be some mistake as to Hunter and Peterson. Petersen had_ recently been in hospital, and Hunter's right hand was useless as the result of a wound, and he denied striking the constable. J. J. Marlow (Hunter's employer) gave him an exceptionally good character. Smith, in his defence, said that he had tried to act as peacemaker. Ho tried to stop Petersen from straggling with the com. stable, and it was fataJ to him.

Sub-inspector Mathieson said that Smith had been convicted of a breach of the peace two_ months ago. Nothing was known against the other accused. The Magistrate (Mr H. Y. Widdowson) said that there was no reason to disbelieve the constable's evidence, and he must hold that Petersen and Smith had been guilty of obstruction. He endorsed every word uttered by Mr Bartholomew in a recent similar case, and also his remarks in regard to the attitude of returned soldiers. He .himself had made strong remarks on the matter on previous occasions. The court always viewed the matter of assaulting the police as a serious one, and imprisonment would be inflicted for this offence except in very exceptional cases. Hunter, it appeared, was drunk, but drunkenness was no excuse for his conduct. In the particular circumstances of the case he would not inflict imprisonmer Hunter would be fined £lO. in default two months' imprisonment, and the other two accused would each be fined £5. ; or one month's imprisonment. A fortnight was allowed all three in which to pay.