KICKED TWICE

Timaru Herald, Volume CXLIII, Issue 20925, 3 January 1938, Page 8

KICKED TWICE

POLICEMAN FATALLY INJURED VIOLENT PRISONER I By Telegraph—Press Association DUNEDIN, January 2. The death occurred at the Public Hospital this morning of Constable James Butler, who was the victim of an assault by a drunken prisoner at the Central Police Station on Christmas Day. The inquest was opened at the Hospital early in the afternoon before Mr H. W. Bundle, Coroner, and after evidence of identification had been given by Constable W. U. Bird, was adjourned sine die. A post-mortem will probably take place to-night. Last Tuesday John Edward McElroy was charged in the Magistrate’s Court before Messrs J. C. Willis and W. Cooper, J.P.’s, with assaulting Constable Butler in the execution of his duty, with drunkenness and with damaging a cell utensil. On the last two charges McElroy was found guilty and fined, but the Bench did not feel inclined to deal with the assault charge until the extent of Constable Butler's injuries were ascertained. The accused was therefore remanded until January 5. He appeared again on Friday for a re-hearing of the drunkenness charge, and the Justices confirmed the imposition of the fine on condition that medical expenses, payment of which had been ordered at the previous hearing without adequate authority, should be found by the defendant. According to the evidence offered by the Police at the first hearing, McElroy came to the Central Police Station on Christmas Day complaining that he had been assaulted, but as he was then drunk the constable on duty told him to return when sober. McElroy made his reappearance an hour later and the constable decided to arrest him. became so violent and abusive that It had taken four men to hold him down while he was being searched, and when he was being carried down to the cells he kicked Constable Butler twice over the kidneys, the injuries necessitating the latter’s removal to the hospital. Constable Butler joined the Police Force in 1932 and served for a time in Christchurch before being transferred to Dunedin in December, 1933. He was 33 and unmarried. His home is in Waipukurau, Hawke's Bay.