MAGISTRATE WARNS ACCUSED; BEHAVIOUR MERITED IMPRISONMENT

Wanganui Chronicle, 1 June 1948, Page 6

MAGISTRATE WARNS ACCUSED; BEHAVIOUR MERITED IMPRISONMENT

STORY OF STRUGGLE WITH CONSTABLE

"This was disgraceful, drunken behaviour which well merited a term of imprisonment and the only thing that that stands between you and imprisonment is the fact that you have a large and young family," declared Mr. J. H. Salmon, S.M., in the Magiswhen imposing a fine of £5 on Alfred Henry McAllister, labourer, aged 41), who had pleaded not guilty to a charge of resisting arrest. On a further charge of disorderly behaviour while drunk, also denied by accused, a fine of £1 was imposed.

The magistrate warned accused that any repetition of these offences would meet with imprisonment.

Senior-Sergeant F. Culloty prosecuted and two police witnesses called were Constable R. V. Knofflock and Sergeant L. Nicol.

Constable Knofflock said that at 6.25 p.m. on Saturday he was on duty at the Rutland Hotel corner, when his attention was attracted by a noise and a scene in the lower portion of Victoria Avenue. On investigating witness found accused waving his arms about and making a great deal of noise. “I warned him to desist and started to go away, but the noise continued,” witness added. "I gave him a further warning and when he did not heed it, told him that he was under arrest.”

Accused resisted violently and struggled all the way from the lower ,end of Victoria Avenue to the taxi I cab office in Ridgway Street. It was . a busy time in the evening and as no taxis were available witness had no option but to walk accused all the way to the Central Station in Bell Street. Accused continued to struggle just as fiercely as ever and was kicking at witness and biting him. The disturbance attracted a crowd, which followed them along the street. QUESTION OF CONDITION. The magistrate: You have no doubt about his condition? Witness: He was very drunk. Accused (to the constable): Is it not a fact that you have been looking for me for the past five months? Witness: That is not true. Accused: You put a hammer lock on me. I was not drunk. I came to town with 10s and had 4s 6d in my pocket. If you can get drunk on 5s 6d on this beer you are not bad. The magistrate (to the constable): You say he was kicking and biting all the way to the station. Have you any marks? Witness (extending his hand): You can still see them, sir. Accused: Your Honour, I have got false teeth. Sergeant Nicol said that he left the Police Station shortly after 6.30 p.m. and was travelling in the direction cf the Courthouse when he heard a scuffling on the footpath. In the rays of a torch witness saw a constable and accused struggling there. Witness assisted the constable to the station. Accused was in a drunken condition and was resisting arrest. Accused: You saw the constable kick me? Witness: I did not see anything of the kind. I don’t think the constable kicked you. Accused: He did. Witness: You were not knocked about in my presence. At this stage accused unfurled the sleeve of his right arm. "What about this arm?” he asked. “Look at it.” Senior-Sergeant Culloty: That Is only a bandage. There is nothing else there. Accused said that his arm was swollen as a result of the constable “putting on a hammerlock.” ACCUSED’S EVIDENCE Giving evidence, accused said that I.e left the Federal Hotel at 5.30 p.m. to get a tram for Castlecliff. He was talking to two friends in the lower part of Victoria Avenue and as a car went by, called out and waved his arm because he knew the men in it. “The constable came along and said: •‘What are you waving your hands about for, McAllister?'” witness added. “My two friends told the constable that there was nothing wrong with me and to leave me alone. I walked up to Sarney's corner and the constable was in front. He turneo round and said, 'you had better come with me to the police station’ and put a hammerlock on me. I had to defend myself by getting out of it." Accused added that they both fell to the ground, after which he walked to the Police Station. Senior-Sergeant Culloty: You have told us that you left the Federal Hotel at 5.30, yet It took you till 6 25 to reach Foster's corner? Accused: I was not drinking all the time.

In reply to the magistrate, accused said he was married with six children.

The magistrate referred to accused’s previous conviction for a similar offence and said that there was no doubt that he was causing a disturbance and that the constable acted rightly in arresting him. Accused was given warnings, but did not heed them. Accused may have received an injury to his arm when he fell, but the magistrate said that he did not doubt that this was due to accused’s own fault in resisting arrest.

The accused was fined £5 for resisting arrest and £1 for disorderly behaviour while drunk, the magistrate warning him that his behaviour well merited a term of imprisonment.