CHARGE OF ASSAULT DISMISSED.

Press, Volume XLIX, Issue 14834, 27 November 1913, Page 8

CHARGE OF ASSAULT DISMISSED.

Tho Lyttelton Courthouse was again crowded when another charge arising out of tho recent assaults at the Port was heard bofore Mr T. A. B. Bailey, S.M. Samuel Rogers was charged with assaulting one John Stewart. He pleaded not guilty, and was defended by 'Mr J. A. Cassidy. Senior-Sergeant Ryan represented the police. Constable Hamilton deposed that on Wednesday last, at about 3.45 p.m., he was standing outside a fish shop, in Norwich quay, when ho heard a scream, and looking in the direction of the sound, he saw accused and another man striking at, and kicking, a man on the ground. Witness made towards the man, and catching accused by the arm, turned him round, but owing to being jostled by the crowd, he lost his grip, and the. man made off. He was absolutely certain that accused was the man he had caught hold of. Acting-Detective Carney stated that he was on the Lyttelton-wharf somo days ago. and when speaking to accused he told him that Tatnell wanted him to act as a witness for him. Accused eaid that he could not understand Tatnell wanting him to go to court, as he knew nothing about the trouble, and was not there at the time. ' Senior-Sergeant Ryan stated that- he was in the company of Detective Carney when accused approached him, asking him if he wanted him. The detective said that he was wanted by Tatnell as a witness. Accused eaid he knew nothing about tho case, as he was nob thoro at the .time. Mr Cassidy said that tho case was based upon an entirely mistaken theory. Tho police had elected to charge this man who had appeared as a witness in a previous case. It seemed very strange indeed that the police did not arrest the man before, but waited until he gave evidence in the Court last Monday. The police knew that accused was a witness for the defence, and they had no right to interfere with him at all. It would be bettor if polico and detectives loft these witnesses alone. Rupert Isaac; superintendent stevedore for the Shaw, Savill, and Albion Company, said that he had known the accused for about twelve years. He possessed a most excellent record the company, and bore a splendid character. Robert Alex. Jones, a railway casual worker, of fourteen years' continuous residence in the Port, said that ho met Rogers about one o'clock on the day of the fracas with another man named Nelson. Tho three of them, when coming towards the Mitre Hotel from the v tunnel mouth, saw a man being chase , ! by another, Tatnell. Tho man was struck by Tatnell and fell. Accused then caught Tatnell by tho arm and drew him .iway. Witness would swear that accused neither struck nor kicked the man on the ground. Thomas Nelson, a waterside worker, corroborated the statement made by the previous witness regarding the incident outsido the Mitre Hotel. Frederick Moir, a driver, stated that he saw the whole occurrence, and was certain that accused had not taken part in it. , The Magistrate said that the case was a very serious one, but the evidence was too conflicting to convict accused. The case was accordingly dismissed. The decision was loudly cheered when the Court was cleared.