POLICE COURT.

Taranaki Herald, Volume XL, Issue 9265, 15 December 1891, Page 2

POLICE COURT.

Monday, December 14. — Before CO. Kettle, Esq., R.M., R. Parris, Esq., J.P., T. King, Esq., J.P., F. A. Carrington, Esq., J.P., and H. Weston, Esq., J.P. CHARGE OF ASSAULT. Patrick Ria.ll, on remand, wag charged with assaulting Constable Scully on Friday last, December 11. MrGovett appeared for the Constable, and Mr Bamuel for the defendant. The defendant pleaded not guilty. All witnesses were ordered out of the Coart. Mr Govett opened the case by calling "Constable Scully, who stated he went into tho Police Station on December 11, in the afternoon. Sergt. Duffin was there sitting at a table. Riall was sitting on a form near another table, and Constable Redican was also present. Witness went inland sat down after addressing the Sergeant and Riall. He sat down beside Riall, and started to read a letter. Riall said, " What proposals did you make to my niece when you were at Koru on Sunday?" WitnesH , replied he made no proposals, and Riall said '• Yes, you did; you tried to eeduce her." Witness then turned to Sergeant Duffin, aGd asked him what was the charge that Riall was making, and asking the Sergeant if he allowed such a thing. While in this position, with his face averted from Rial I, Riall struck him on the cheek, and also marked him on the nose.. The blow knocked him on the floor. Riall must have 'struck him with his clenched fist. Witness tried to get up, and Constable Redican caught hold of Riall, who tried to kick him (witness). Constable Hendry, the office clerk, came in, and Riall was locked U]3. By Mr Samuel : He did not say to Riall in the station, "I'll have you Riall; Til have you, sir." He believed Riali's niece's name was Long. He had heard Riall call hdr Maggie. He saw her on Sunday lust when ho was proceeding to RialFs place at'-Kofu. He would 'say the girl was 15 or 16 years of age. His instractions that day were general, and were not restricted to going to Knowles' house. Riali's name %vas not mentioned specially in his instructions. Maggie Long was standing in the road with a baby in her arms, and a little toddler alongside of her. Witness spoke to her. He said is " Riall at homo " [By His Worship : He was mounted]. The girl replied that he was. Witness began to move along walking his horse, and the girl followed on after him. ■ Witness asked her how she was getting on. The girl sail "My uncle beats ond kicks mo most frightful; I wish the b was in gaol." She continued, and said she wished she was home in Auckland, and that she only came down here because she got into some .trouble. Witness believed he said •' What was that ?" and witness replied " I took something." Witness told her she was bettor off where she was, and that she ought to endeavor to live on friendly terms with her uncle. * Witness then went ahead and proceeded to Riali's place. He did not get off his horse when talking to the girl. By His Worship : The road was a public one. The settlers' houses were scattered along the road. Cross-examination continued : He, saw Riall afterwards, and after completing his business, he said to Riall, " I saw your niece along tho road j liow's shegetting on? Riall replied, "Oh, tine." Just as he was riding away he saw tho girl Long crossing a paddock in the direction of the house. The. girl was 200 or 300 yards off. He did not hear her speak to him then; he did not speak to her. He balieved that he and Riall were on good terms; at any rato he hoped so. There was nothing in particular between theru. Sergeant Dnffin staled that he Wuß there when Scully came into the station on Friday last. Scully said he had come back, and said to Riall *' Good day, Pat, rt or words to tha£ effect; and then Scnlly sat down on a form beside Riall. Witness, went on writing, but suddenly hearing a Bcuffle he turned round, and saw Scully lying on the floor, and Riall with his foot ready to give Scully a kick in tho face. Constable Redican caught hold of Riall and prevented him kicking Scully. Constable Hendry then came in, and witness ordered Riall to be locked up. While the two constables were holding him Riall uaid " Scully, you ——." Riall accused Scully of making improper proposals to his niece. By Mr Samuel: He did not hear S.ully threaten Riall., When Scully got up he asked witness to take notice of the assaultRiall was in custody till next morning. Constable Redican corroborated in the main the previous witnesses' evidence. Patrick Itiall, farmer at Koru, stated: On Sunday week his wife told him that Scully was coo-eeing outside. He went out and saw Constable Scully This was between 4 and 5 o'clock. Scully asked him it he had seen a man named Davy out there about six months ago, and after Scully had given a description witness said tho man had been there. Scully asked him several questions about cattle, and persona soiling cattle, and-then told witness that ho had seen his niece down the road, and asked how Bhe was getting on. Witness replied that she was ull right, and added, " There she is coming now." The constable, after some further talk, said it was getting late, and cantered away. When the conetable got within a few paces or so of the girl he pulled up into a walk. They were walking on parallel paths, and when he turned his back the two were about 20 paces off each other. He saw no more. In consequence of the statement his niece made to him on Thursday, he came in on Friday and went to the police station. He wrote out a complaint against Constable Scully with respect to his niece. Sergt. Duffin told him that Inspector Pardy would be in soon, and asked him to sit down. Constable Scully came in, and bade'him good-day, and then sat down on the form beside him. He got up from the form then, and asked Scully what; proposals he had been making lo tho girl on Sunday evening. Scully «skod him what he meant, and witness said, "Scully, I'll have none of your games." Scully then got ap, and witness said to him, " You did, Scull}'," and Scully said, " What do you mean ? Sergeant, I call your attention to this man." Scully assumed a defiant attitude towards him, and said, " I'll ." Witness said, "You'd what—you d puppy ?" and he let out and hit Scully. He was making again for Scully, when Constable Redican hold him, and Constable Hendrey also came in and held him. He did not try to kick Scully. For five or six years ho was a constable with Scully in the same A.C. camp. In coursoof cross-examination by Mr Govett, witness said he received politeness at the Police Station. He had promiped tho girl a new dress lo tell the truth. 11^ told the girl on the Thursday evening ■when he was at home that she must' tell the truth to him. He was at home from Sunday to tho Thursday. By Mr Samuel: He never had an angry word with Scully boforo, and had no reason to be angry with him except that he thought Scully had been making improper proposals to his niece. Margaret Long gave evidonce to tho effectthat Constable Scully, when he mot her, asked what she was doing when in Auckland, and she replied at service, and after asking her some other questions to which Bho answered, Scully got off his horse and sat down on the bank, and asked her to come over to him as ho wished lo talk to her. Witness called him a low wretch, and called pn the little boy to come along. Scully caught hold of tho boy, and held him. Witness threatened to tall out to Mr T. Pai tiny ton if Scully

did not lot the boy go. Scully then 'got up and told her she was losing a good , chance aa he could get her & good home. Witness asked him if he could get her a. home, and he replied that he had / •arranged that with "the Major." Stfully . said he often saw her in town, and ofte.i felt prompted to speak to her, as he had taken'a fancy to her. Scully also said that if she came np to tho barracka when Bhe was in town she would find him there. She then said there was her uncle coming for the cows; and Scully then swore. Scully then went on to her uncle's after telling her not to mention this to hei uncle. On 1 riding down from her uncle's Scully told her not to forget what he had been saying to her, and that he would see her when she came to town. They passed within the distance of the room on that occasion. . • Cross-examined by Mr Govett : Witness admitted she was beaten by her uncle when he took her home from Moturoa, .and about three, months after. She »was beaten with a whip. [Witness Was also questioned by Mr Govett as to 'her history in Auckland. She first made a complaint to her aunt on Wednesday following the Sunday.] This was the case for the defence. ',' Mr Samuel and Mr Govett addressed the Court. Their Worships retired to consider tire case, and after an absence of about fifteen minutes they returned into Court. The Resident Magistrate went fully into the case in the decision, and stated that they found Riall had not received any provocation for the assault. They imposed a fine of £5, and costs £1 18s. The Court rose.