UNUSUAL ASSAULT

Press, Volume LXI, Issue 18370, 1 May 1925, Page 7

UNUSUAL ASSAULT

ACTING-DETECTIVE j INVOLVED. i

MAGISTERIAL COMMENT. j

(special to "thx PRB9S. ) I i TIMARU, April 30. J

An assault ease in which an actingdetective was involved, although not charged -with any offence, occupied the attention of the Timaru Magistrate's Court this morning. The defendant was Lyall Dewar, jeweller, of Timaru, who was charged with assault.

The complainant was a man named Smith, a waterside worker, residing in Waimataitai, and the assault was alleged to have taken place at complainant's house on the night of March 14th. Mr E. D. Mosley, S.M., was ou the Bench. Mr Jones represented the complainant and Mr J. Emslie the defendant.

Mr Jones, in outlining the ease, said that on the night of the Timaru Trotting Club's meeting, defendant, with Acting Detective Mayne, and another were walking along Stafford street when they passed complainant. Mayne called out, "Hello, Darkie!" and complainant replied, "I'll report you." There was some talk of fight, Mayne saying to complainant, "You're a dago," to which complainant took exception. That night defendant and Mayne went to complainant's house, where the assault took place. Complainant, in evidence, related the facts stated by Mr Jones. On the night of the information, Mayne and defendant went to his house and Mayne said something about an apology. While they were talking Dewar came on the scene, caught him by the wrist and hit him in the eye. He was knocked over by the blow. Dewar and Mayne, then went off and complainant's neighbour called in another man. They went to the police at Waimataitai, but were told that nothing could bo done. He knew both Mayne and defendant, but he and Mayno had not had any differences. When he approached the men in Stafford street he was not mumbling. It was not true that he had said anything about charitable aid. His nickname was not "Darkie."

Mary Smith, wife. of. complainant, also gave ' evidence. She stated that she did not hear all the argument, but heard her husband tell the men to go away. After the men went her husband was unconscious for some time.

A. Dunne, who was present when the parties met in Stafford street, said that he heard Mayne say, "Hello, Darkie!" and call him "a dago." Later that night he saw complainant, whoso eye was blackened, and he had a cut on his face.

To Mr Emslie: Defendant had no part in the argument in Stafford street. The friction appeared to be between Mayne and complainant. Mr Einslic said that as far as Dewar was concerned, he had no part in the argument in Stafford street that evening. Mayne was going to visit a friend at Waimataitai and asked Dewar to go with him. On the way back from Waimataitai, Mayne said that he wanted to see a man named Smith and went into Smith's house. Mayne asked Smith what" he wanted to report him for, and Smith became angry and told him to get off the premises or he would throw him off. Mayne did not go immediately, so Smith grappled with him. Dewar heard Smith's remark about throwing Mayne off the premises and seeing Mayne was in the other's grip, he went up and pulled the pair apart. He pushed Smith back and the latter tripped and fell. Dewar, not knowing-what sort of a man Smith was, said that they had better get out of it, and he and Mayne left.

Dewar gave evidence along these lines,* stating that it was in order to free himself that he pushed Smith. He did* not strike any blow. He did not hear any'of the remarks referred to by complainant when the parties met in Stafford street.

Dewar's story was corroborated by Acting-Detective Mayne, who added that in his opinion Smith was under the influence of liquor. When they' met Smith, he was mumbling, as was his usual custom, and he referred to wit; ness haying got his living by charitable aid. He had passed the same expression several times previously. .He may have called Smith "Darkie," but would not swear to it. He did not call him a dago. He did not go to Smith's house looking for trouble. He simply went to see what Smith intended to report him about. His Worship said that he believed the evidence of the witness Dunne that Mayne had used the words alleged. That in itself was provoking. He could not see that a constable had any authority to go to a man's house, unless on official business, and it needed explaining. It was unfortunate that defendant had gone with Mayne and such' an action was reprehensible. Dewar had trespassed and Smith was drawn into what his Worship called a "trap." There was a difference between the evidence given by Mayne and Dewar, and he did not think the whole truth had been told. In the excitement of the moment complainant received a blow, but although he was an excitable man and the assault had probably been brought about through that, complainant was entitled to the protection of the law. Defendant was convicted and fined £1 and costs.