FRACAS IN EGMONT STREET

Taranaki Daily News, 19 December 1929, Page 16

FRACAS IN EGMONT STREET

ARRESTS BY A CONSTABLE ALLEGED INCITEMENT GF MEN. CHARGES LAID. AGAINST SMITH. Leonard Lichfield Smith, civil’ servant, of New Plymouth, charged with inciting a man to resist Constable Mitchell in°the execution of his duty and with using obscene language in a public place, pleaded not guilty in the Police Court before Mr. R. W. Tate, S.M., yesterday. Smith elected to be dealt with summarily. The case, which was unfinished yesterday, was adjourned till 10 o’clock this morning. The charges arose out of language used in Egmont Street on December 7 when Constable Mitchell was arresting two firemen from the ship Taranaki for drunkenness. Senior-Sergeant McCrori© conducted the case for the police and Mr. A. A. Bennett appeared for the defendant. He saw Constable Mitchell struggling with a “drunk” in Egmont Street at about 6.30, said Reginald Telfar, service car driver. There- were two “drunks.” One tried to get away and next moment the constable had him on the ground. After Telfar asked the constable if he wanted a car and then ran for one. When the car came he asked the crowd to shift, and helped the constable with the drunken man into the car. He heard the swearing but did not know who the man was. He was certain the word “matey” was used twice. . Constable Mitchell said that while he was arresting the man the accused Smith, who was standing by, said: “Fight fair, police!” The constable was side on to Smith and could see. him. “Keep quiet!” the constable had said to Smith. Just then the prisoner began to struggle again. He could hear Smith shouting something else but could not make out what he was saying because he was busy with the prisoner. In the meantime a taxi had arrived and Telfar was helping the constable to put the man in. it. Telfar took the man’s head and the constable his feet. One of the man’s feet kicked free and just missed the constable’s face. “Kick the matey!” Smith had shouted.' “Kick him in the -— jaw, matey!” OVER HUNDRED PRESENT. / There were over a hundred people round at the time of the arrest, added the constable. The prisoner was biting and kicking. The constable had called for assistance but nobody had responded. It was a hard struggle with the two men, said the constable to Mr. Bennett. One man was struggling and the other was getting in the way. He had heard nobody shouting but Smith. - “It is only fair to tell you, constable,” said Mr. Bennett, "that there are people coming to this court this afternoon who will say that it was not Smith who did the shouting. Do you suggest that they are committing perjury? Constable Mitchell: I do. I still say it was Smith. “Telfar told you that he did not know Smith ” “But could identify him,” said the constable. Samuel Richards, driver of the car, said that he heard the language used. It was hard to say with such a crowd who used the language. He could not swear it was Smith,

Menzies Robb, hairdresser, said he heard a lot qf bad language but he could not say who used it. The language seemed to come from behind him. He did not see much of Smith.

“Have you been approached by anyone since you made a statement to the police?” said the senior-sergeant. “No,” said witness. “You swear that on your oath?” "Yes.”

“He made, a different statement to the police before,” said the senior-ser-geant to the magistrate. “I should be able to treat the witness as hostile. I bring witnesses here and I can’t get the truth from them.”

Norman Mason Macartney, hairdresser, said he heard some bad language but could not say from whom. “Do you remember what you said in your statement to the police?” asked the senior-sergeant. “I ask permission to show this man. his statement.”

“I object,, sir,” said Mr. Bennett. . “Oh, let the witness go,” said the magistrate. “Get down!” “But I have not finished by statement,” said witness. Well? said the senior-sergeant. “Just as they were putting the man in the car Smith said to the constable, ‘Don’t kick him, you cow.’” C. G. Clarke said that Smith was two or three feet in front of him. He was calling out and making a disturbance. Clarke said to him: “Shut up and have a bit of sense.” He had heard bad language but did not know who used it. Smith had replied to him: “Who the are you talking to?”

EVIDENCE “BOILED DOWN.” If the evidence were boiled down, sai<l Mr. Bennett, the only evidence to connect Smith with this serious charge was that of Constable Mitchell, who was straining and struggling at the time with the fireman. None of the witnesses was prepared to identify Smith with the bad language used. Smith would candidly admit that he did make some remark to.the constable to the effect of “fighting fair,” but he denied emphatically that he had used any obscene language or made any attempt to incite the man in resisting the police. Smith, a civil servant of 30 years’ standing, would 'not use the word “matey,” Bennett. He suggested that’ the words were used by a sea-faring friend of the prisoners. “I stand to-day to plead for him that his career be not ruined by convictions against him,” said Mr. Bennett. “For months past he has been in a state of severe anxiety and strain over a matter which culminated on that very Saturday morning in a manner well known to this court.” “I know of no case,” said Mr. Bennett, “in which counsel is more justified in regarding the evidence charitably as far as the defendant is concerned and scrutinising it closely as far as the police are concerned.” Smith said a conviction on either of these charges would mean his dismissal from the service. He had passed the crowd and stopped to watch the struggle. He saw the constable raise his right foot and, thinking he was going to kick the man in the abdomen, he said; “Fight fair, Mitchell!” The constable had half turned his head and said “I’ll have you next!” On hearing this Smith had stepped back. It was then that Clarke had called to him and said “Have some sense!” He had then gone and stood behind Clarke. “When the taxi came,” said Smith, “I moved nearer the gutter again. There was a struggle going on while Mitchell and Telfar were putting the man into the car. I think I said, ‘Don’t you kick, you cow,’ because the fireman was kicking while he struggled. There was a good deal of bad language going on

but I was not the man who.used it.” . “Have you not made threats against the police?” asked the senior-sergeant. “No,” said Smith. “You made no threats to the police or jurymen?” said the senior-sergeant. “I only said I was going to give a public address on Meiklejohn’s methods,” said Smith. ‘ ‘ The hearing was then adjourned.