A GUNNER ASSAULTED.

Dominion, Volume 6, Issue 1747, 12 May 1913, Page 3

A GUNNER ASSAULTED.

THREE TERRITORIALS GO TO GAOL. AN EARLY v RELEASE. Three young men from Nnpicr—Geoffrey Seymour, I'olis Seymour, and Arthur Shellam—were chargcd at the Magistrate's Court on Saturdny with having assaulted William Frank Tebbutt, a gunner stationed ut the Alexandra Military Barracks.. Mr. W. (J. liiddell, S.M., was on the Bench, Mr. P. J. O'Kegan appeared for the defendant?, and the prosecution was conducted by Police-Inspector Hendry. Lieutenant Richmond gave evidence to tho effect that on April 25 four men arrived by the Napier express to undergo military custody at tho barracks. The term of one of the four had since expired, and he had gone away. Tho other three were the three defendants. Respecting the allegation of assault, tine witness said: "In consequence of a roport I received I asked to see Tebbutt. ILis face was very much swollen, particularly his lip, which wias cut and skinned, and his left tyo, which was discoloured." William Frank Tebbutt, a gunner in tlio Royal New Zealand Artillery, stationed at the Alexandra Barracks, deposed that oil the morning of May 5 ho was drilling the defendants on the top flat of tho barracks. He gave Geoffrey Seymour an instruction, whereupon Seymour struck him with clenched fist, lie closed with Seymour to prevent further blows landing. The two fell, and wlien witness got up tho other two defendants held hin'i from behind while Geoffrey Seymour punched him. Witness had not done anything to provoke the assault. 3lr. O'Kegan: When, this took place th'oro was no one but the four of you present ?" 'Witness: Yes; a gunner named Saunders was present also. Is it not a fact that wlien the first encounter between you and Geoffrey Seymour took place Shellam separated you and got struck for his trouble?— No. Is it not a fact that Felix Seymour never laid hands oil you?—Ho may have when I was not looking. Is it not a fact that you went to the Mount Cook Police Station and were told by the sergeam that tho affair was 'too trivial to bother with? —It is not a fact. Lieutenant Richmond: It* was I who went to the police station. Mr. O'Kegan: Didn't your military superiors consider the matter too trivial to deal with as a military offence, and tell you it was your own affair and yon could go' to the police? Witness: No. Gunnor Saunders said that he saw ono of the three men hold Tebbutt while the other two seemed to strike him. Iho whole affair was all over in a moment. Mr. O'Kegan submitted that the offence was trivial. It had arisen through the somewhat officious and oyerbeariii" manner .of the gunner. Tebbutt had caught hold of Geoffrey Seymour m a violent manner, and Seymour had defended himself. The other two defendants had merely separated the gunner and Geoffrey Seymour. , Geoffrey Seymour, timber worker, Napier, said in evidence that in tho course of the drilling Tebbutt caught him around 'tho waist, and witness tell oyer a fire-extinguisher, with Tebbutt on top of him. When getting up Tebbutt struck out at him, but they wero separated by Shellam. Witness did not strike Icbbutt at all, and neither of the others struck 10 peUx"Seymour, a brother of Geoffrey Seymour, corroborated the evidence ot the previous witness. Ho said that none 01 the three struck Tebbutt. The other defendant, Arthur Shellam, out the evidence given by tho hrst"lli; 1 Worship treated the matter as common assault. He convicted the defendants and fined them Ids. each, in default 2t hours'' imprisonment.

From inquiries matlo subsequentlyit appeared that tirs three <lefew'futte discovered tint prisoners could net be discharged on Sunday, anil that 'therefore men due for release on that day had to bs let out ot gaol 011 tiie previous day. If they tool: it ont," their term of imprisonment would run out. on Sunday attention, but they would be free again on Saturday. afternoon. They decided to default ill the. m®ifar of the fine/, and warrants wero made out for their commitment to gaol. They could not reach tneir place of .confinement much before one o clock, ana wero out again at four o'clock.