ASSAULTING THE POLICE.

Southland Times, Issue 3709, 12 May 1880, Page 2

ASSAULTING THE POLICE.

; Joseph Phillips" (on bail). . was charged before the R.M. yesterday morning with assaulting Constable Buchanan, in the execution of his duty, on the evening of the 3rd inst. Inspector Fox prosecuted on behalf of the police ; and Mr Finn appeared for the accused. Constable Buchanan deposed that he had known the accused for 12 months. On the night of the 3rd inst, he was on duty in Dee street. There was an entertainment by Hart's company that night at Sloan's Theatre, and he was told by some boys that the accused was creating a noise inside. He accordingly went into the theatre, and "Mr Gregg drew his attention to Phillips' insulting conduct towards him. [At this stage all witnesses weie ordered out of couxt.3 Advised _ FhiHips to keep quiet, as lie was disturbing the entertainment. His conduct was so bad that Mr Hart asked witness from the stage to remove "that man." Asked him to leave, a request which he did not comply with. As the entertainment was brought to a standstill, proceeded to remove him. Accused ; resisted, using foul language, and stating that it would take six policemen to j>ut him out. : Left the theatre, and went for assistance. Was followed by Phillips, accompanied by a good many persons. Phillips wanted witness to try and arrest him, remarking that he was not able. Followed him to the Club, when he said '■'" I'm d if I don't kill you if you are not able to arrest me." Witness, then Arrested him, when he^ caught hold of his coat, and T struck "-him" on the "breast* and likewise caught, him by the collar. Kequested him to"fet go," but he would not. ; Tried; to put witnesp down, but did; not succeed. Was obliged to draw his after trying several times to arrest him. Struck him two or three times across his '■ arm, with the view of- getting: him to let go Ms hold. Struck him on no other part of the body. During the struggle Phillips fell to the ground, kicked violently and resisted the handcuffs. J To Mr Finn.— Arrested . the accused for disorderly conduct in the street, as he was cursing. Did not see a pool of blood in the place where he Was knocked down. Was quite cool at the'time. Would swear positively that he did not strike Phillips with tlio baton on .the forehead. After he was handcuffed procured some assistance, and toek him to the lock-up. Was struck on the, breast, but was not much tke worse for it. . " ;./ Henry Gregg deposed that about twenty minutes. jtp ten on the evjeningin question he went over to Sloan's Theatre, : and saw Phillips there. Was talking to a person when he came up to him and threatened to strike witness over the head several times. Asked witness to come out and have a drink, which he declined,; being a t , teetotaller! Threatened to give him in charge if he did not leave him alone. Phillips was conducting" himself in a disorderly manner and using bad language. Did not know why Phillips threatened to 'strike him, as he (witness) had not spoken lialf-a-dozp.n words to him. He spoke so loud, in the theatre as to disturb the audience. . Chas< Newman deposed that he was in Sloan's Theatre on the night in question. Phillips '■ went oat with Constable Buchanan, said it would take half-a-dozen policemen to take him, and used threatening language of a disgusting nature towards the constable and Inspector Fox. Was close to them when a scuffle took place, and saw the constable hit Phillips with his staff, but qould. not say whether, the blows were given on the head or arm*' Two or. three -parties interfered, ..Gallagher being one of the number, who remarked that it was.-. a. shame.. for .-the constable to ill use the man. ■ ■'■■■■'^■ > ■" .To, Mr ..Finn. — Saw accused . bleeding very profusely' on. the 'ground, and then went away. The constable was not dogging. Phillips ; they both came out of the theatre together. Could not say how many blows accused received. They were wrestling together, and the constable fell with Phillips, whp was Weeding, which thojight was caused through the fall:- Before the constable arrested., him Phillips' language was very bad. ■'-• Thomas Aiion deposed ihaton the night, of the 3rd inst., saw Buchanan and Phillips struggling together near Sloan's Theatre. ; Phillip^ was resisting the constable, who wanted t$ arrest him. Constable Buchanan called for assistance to throw him down ; assisted to handcuff him. Saw some blood on the ground, and -the accused's? face was, covered with it.,, Did not see the constable use his: baton. .■-■ ,■ ,:" ■..■.. . - . . ' . Peter MeEwan deposed that he. was inDee street on the- night of the 3rd inst*-. Heard' a noise -in 'the ; street about ten o'clock ;■ went up, and saw Phillips on his back. „fW itness..t old him to get up, and go with liiin to' the police office. Did not > jthink jhe ( . was .responsible, for his actions His face was covered with blood whejn he was lying down. The constable appearedto be a little excited.. Mr Finn submitted that the constable was >nx>t ; justified, -: -.itL arresting the accused. He had- witnesses to prove that the constable, without .any provocation, knocked this man -down. Phillips had bfe'ea 1 * ill ever since from the effects of the constable's ill-treatment.' If the constable had exercised a. little discretion ho doubt Phillips would ha^e %otic .' : away; Quietly. He did not 'attempt to exciise Phillips' conduct in the theatre. , F<?r the defence he called George jChalmors, who deposed that: he was , with Phillips at Sloan's .Theatre . o^ the night of the 3rd inst. Phillips caused a disturbance, and witness coaxed Jiim -out ; -They were walking along the street, when all at oncet Buchanan laid hold of Phillips by the -throat- witU4>Qth-iiaads. J-ust4iiea,P-hillips Isaid to the constable, " Come and have a drink dldahbuH ZzTb&p&M to the ground together, and the constable used his baton. JCsukl 'Jidt say ' where the accused" was : struck ; saw blood on the ground.^ The constable-- -seethed ' e&cited. Phillips mattered, somethings to himself about the ; police,, which led to his arrest; ;' If he had been' left alohe he- would have gone quietly with witness. Xq Inspeator'Fbx— Was npt jneandering with Phillips around the theatre, and was not drunk. ; ; Had nY drink with Phillips. Witness's intention -was to- get Phillips home. : -_ , :■ a i ;; ;.< v / < . .A. F. Gallagher- deposed that he. only :knew; the accused : though, ,«ervin^p him with a) pie ;whenjb&; came ogfcp hi&shop. On the night of the disturbance heard ! Constable Buchanan say to Phillips, " Whatever you have to say to me, say it' now." Phillipi moved away with Chalmers, muttering to himself that " it would" take (i- dozen • policemen to arrest him." Phillips said that if Inspector Fox aiul his men were there thV>y " : could not take him. This was' uttered, not in nn excitpci manner, but- in his usual foolish style. He hid hardly the words out of his mouth, when Buchanan •flew round Chalmers,; ami fnugbt him by

the throat, saying, " I will soon show you whether I can take you or not' Flumps then put his bauds on the constables shoulder, and Raid, " Come away, old man, and have a drink." Buchanan then took the baton from his belt, and laid it across fillips' head several times, hard enough ;tb knock his brains out. While he was on the ground, witness said to Buchanan, " If anything happens to Phillips, I am a witness against you." Buchanan replied, " You. hold your tongue,, Gallagher.. I will mind you for that." Newman then asked witness what business he had to interfere, and wanted' to fight hinn .Witness then went away with his wife. Blood was astoaimng-^owoi^lullij^^^ the conduct, of : the: constable was wrong, after the sniall amount of provocation he had seen given. Had no animosity towards Buchanan.; ' .-' :---■.--. To Inspector Fox— Was notjexcited that night, and was not in the hajkt Cof going "thirteen to thedozen withji&tongue." Charles Thomas Sands deposed that Phillips came to his shop the next moming -afte*; the jstruggle,: Examined his head, which. was in a very sore condition. Applied some of his enibrocation to fl^JJ^. was a wonder that he had not died froiu the effect of the blows. (Laughtei:.) Phillips then made a statement to the f ol lowing " effect: — " It .is a wonderful thing I am not in the, Church of England Cemetery, and Constable Buchanan in gaol on a charge of wilful murder. I have taken the precaution since the occurrence to getmy life insured." His Worship — You had better leave off drink. . ■ „ . Phillips, continuing, said Buchanan was trying to kill him. Professor Sands said his skull was thick, otherwise his brains would have been knocked out. He attributed all his trouble to Buchanan, as before became to Invercargill there. had been no charge against him. ' As regarded the present charge, he had thought of bringing Mr Denniston down from Dunedin to defend him, but afterwards had left the case in Mr Finn's hands. At the present time if he was out late at night he had to get some of his friends to accompany him home, for fear of Buchanan. No other constable had interfered with him but Buchanan. It was quite a common occurrence to hear some of the townspeople say — " Buchanan will have you locked up to-night." He thought Constable Buchanan should be removed to Melbourne, or some large place where he would be allowed more play. - Inspector Fox intimated that the : police had no desire to press the charge, accused having, left off drinking.' His Worship said he should dismiss the charge 1 on the evidence. He counselled the police to be very careful .in using the baton. " ' . " ". ' '