ASSAULT CHARGE FAILS

Chronicle (Levin), 18 March 1949, Page 3

ASSAULT CHARGE FAILS

Press Assoctation)

Ex-Cabinet Minister Figures In Court ,

(Per

DUNEDIN, March 17. A sequel to a recent civil case in which Dr. David Gervan McMillan, a former Minister of Marine, secnred possession of professional rooms in High Street from a former associate,. Dr. Richard Lindsay Ootton, was the appearance of Cotton in the Magistrate's Court today charged with assaulting Francis Henry Jones and Ethel Emma McMillan, wife of Dr. McMillan, at the rooms on JanUary 16. Mr. J. D. Willis, S.M., presided. Francis Henry Jones, a 74-year-old retired builder, said he was asked by McMillan to fix a lock on tke door of rooms in High Street which McMillan said had been broken into. While witness was at the rooms on the evening of January 16 two men arrived. When witness, in reply to a question from thc leader of the two men, said he was on the premises to repair the lock he was told to get out. Witness refused whereupon a headloek was put on him and he was put off his feet. Apparently he was too heavy and was released and dealt a severe blow on the eye, and ' ' then another oue to go on with. ' ' The second man, according to Jones, then said: '-'Here Dick, turn it in." Shortly af terwards JVTrs. McMillan arrived and Cotton directed his attention to her. He caught her by 'the shoulders, £not in too gentle a manner, " and put her out, repeating the performance when she returned. Witness told the man to be a gentleman and treat Mrs. McMillan like a lady, "and for my pains he gave me another to go on with. ' '

To Mr. Stevenson, witness said he did not see Cotton trying to put a lock on any door. Witness deeiined to give his name to the man whom he later found to be Cotton, and Cotton refused to say wlio he was. Dr. McMillan had told witness there was valuable equipment in the rooms, and for all witness knew the men "might have been any thugs off the street." Dr. A. S. Moody said the condition of Jones 's eye was consistent with a blow. It might, however, have been consistent with a tight squeeze, witness admitted to Mr. Stevenson. Ethel Emma McMillan said she went to the rooms and saw Jones and Cotton

in the passageway. Jones said he had been assaulted and Cotton did not contradiet this, but said Jones had to'gel out. Witness knew there had been a controversy between her husband and Cotton about the rooms. Cotton ap-

peared to be excited and told witness and Jones to leave. Then unexpectedlv Cotton caught her round the back ahd4 1 ' heaved her out. ' ' She went in again and. saw Cotton; slap.pr punch Jones before she was 'again put out.. "Excited" j would be a niilj descripjtaoii fjf Cotton 's ^on%tid,h>. She was unwilling to leave, Mrs. Mc- ! Uillan said ' ife: Miv |Sf ey#nsb4| Ifhd Cotton used eonsiderable .fo.req. , to' ' put .-her out. 'She admitted ''-undeF •^uestioniag tliat in' the . -6ircums£ances Qbttb'n lisfeeb nb morb foree than. wai' nfifcfessary tb put her out. Neither Jones nbf herself made any attempt to leave when Cotton asked them. Keith Kennedy McCulloch, radio salesman, who was with Cotton, said Jones obstructed Cotton when the latter tried to get through the door. Cotton eventually pushed in and told Jones three or four times to get out. Wlien Jones refused Cotton slapped him on the face after releasing his headloek, and said: " There 's a reason to get out." Witness thought Jones knew who Cotton was and was not prepared to let him in. Dr. McMillan in evidence said that Cotton nnder the medieal system operated by witness was an associate. There was a controversy over the rooms and witness had decided he would shift Cotton to ' other rooms. The contract stipulated that. He provided rooms for Cotton 's use, witness told Mr. Stevenson.

Before Cotton went on holiday m December there had been 110 suggestion of a change of rooms. Witness advised Cotton by registered letter in January that he intended to change Cotton to rooms in Dowling Street and a change of the equipment was effected the same day. When Cotton went on holiday he had a key to the High Street rooms, but when he returned he would not be able to get in. A verbal agreement had recently been reaehed for Cotton to purchase the High Street praetiee under the terms of the contract. Detcctive Sergeant R. J. A. Berry said Cotton would not open the door when witness went to the High Street premises, and it had to be pushed open. Cotton denied committing any assault. Submitting that the eharges should be dismissed, Mr. Stevenson said Cotton under the terms of the contract had the right to remain on the premises until the contract was terminated. Mc Millan's registered letter to Cotton on holiday could not have reaehed him before the change was effected, and McMillan had removed some of Cotton 's personal property with his own equipment and had even changed the lock on the door. Jones had been extremely foolish to associate himself with the worries of his prineipal. Cotton said in evidence that he believed McMillan had no right to shift him from the rooms and he told McMillan he would take the rooms over under the terms of the contract. Jones lcept a firm grip on the handle of the door uheii wiiness eaiied at the High Street rooms. WiLnese wai^ed Mrs. McMillan not to come in when she arrived* He denied he struek Jones

three or four times. Jones was "yabbering" at one shoulder and Mrs. McMillan was ''yabbering" at the other, and witness slapped Jones lightly. * After .hearing the evidence the Magistrate dismissed the "eharges, stating that if Cotton had the title to the rooms he had the right to put out intruders, using no more force than was necessary.