“SCRAP” ON THE BEACH.

Star (Christchurch), Issue 16818, 22 August 1922, Page 8

“SCRAP” ON THE BEACH.

CONSTABLE’S BATON AND SPORTSMAN’S HEAD. DAMAGES CLAIMED IN SUPREME COURT, A midnight scuffle on the beach at the mouth of the Rakaia last Boxing Day was at the hot tom of a civil action in the Supreme Court to-day. Walter Thomas Duckmanton. Rakaia, la bourer, sued George Phillips, Christchurch, 'police constable, for £5Ol damages on account of an alleged assault. Plaintiff alleged that the constable struck him on the head with a baton and cut his head open. He was badly injured and incurred nursing and medical expenses. The defence was that the constable was helping John Digbv, a ranger. On December 26 the defence alleged that plaintiff was in the company of persons who were committing breaches of the Fisheries Act. Plaintiff, violently using insulting language, threatened defendant and, stating that he had something in his pocket to fix defendant with, rushed at him. Defendant’s safety was, or might have been, endangered. He then met plaintiff with his baton in self-defence. For a further defence defendant stated that anything he did w a« in the course of his duty under the Fisheries Act, and that as plaintiff’s action .was not begun until after three months after the cause of action alleged, no action Could be taken against defendant under the Act. The case was heard before the Judge and a common jury of twelve. Mr O. T. J. Alpers, with him Mr C. S. Thomas, appeared for plaintiff, and Mr F. D. Sargent, with him Mr W. Cracroft Wilson, for defendant.

; Mr Thomas, opening for plaintiff, j said that the trouble arose late at j night, when a party was camped close !to a fire on the' beach. Phillips and 1 Bigby came along. Phillips wanted to search plaintiff. Words took place, and : Phillips took out- his baton from his : hip pocket and struck plaintiff on the ] head. He did not search plaintiff, j Plaintiff said that he was employed by Mr J. Gardiner. Rakaia. He was ! a mere beginner a» a fisher. He spent his holidays last Christinas with Mr Gardiner and that gentleman’s family in their hut at the Rakaia. He never had done any stroke-hauling. At 7.30 p.m. on December 26 he, with Mr Gardiner, Mr A. Mead,. Mr A. Santy (an officer of the Ashburton Acclimatisation Society) and two boys, went out in a boat to fish. They pulled to an island and moored the. boat. As they could not get back, Mr Mead. Mr Gardiner and witness made a fire and decided to camp for the night, in order to begin fishing early in the morning. Phillips and Digbv came about 12.45. Mr Mead submitted to the search. A tobacco tin was found in Mr Mead’s pocket. Digbv said that it was illegal gear. "Witness said. “ You have no right to search me without a warrant or authority.” Phillips said. “Have you ever heard of a sliding scale warrant?’’ Witness said, “No.” Phillips said that he would have to detain witness. Phillips was not in uniform and looked as much unlike a constable a« anybody witness ever had seen. He said that he wap a constable, but witness did not believe him. Phillips said.

“ I’ll soon show you my warrant.” He put his hand in his pocket, shot an electric torch in witness’s face, and witness received a blow on the head. Witness had no illegal gear on him. For two weeks after, if he tried to do hard work on the farm, he got sick and dizzy. Later, in April or May. he could not do any hard work, and had to see a doctor again.

To Mr Sargent: He did not pretend to be asleep when Phillips and Digbv came along. He did not say to Phillips “ You are nothing better than a pickpocket.” He supposed he used certain words occasionally. Mr Sargent: Whet, you’re over-ex-cited?—Not overexcited, hut when T want to give emphasis to something. Witness said that be never in his life need disgusting language accredited to him by Phillips and Digby. He did not say: “I’ve something hard in, m> pocket to fix the likes of von.” He 6tood there like a lamb. Mr Sargent: You know that there’s been a lot of trouble with poaching? You remember Ranger Maine being charged with attempted murder, for which he was acquitted, and you remember that he was allowed to carry a Revolver on account of threats?—l read ®he report of the proceedings, but T didn’t take a great deal of notice of it. Dr W. V- Sheffield said that he found that plaintiff’s trouble with nerves in May was due to the blow and to his worry over the case. The wound, which was half an inch long, went into the bone of the skull.