TERRITORIALS FINED.

Dominion, Volume 6, Issue 1755, 21 May 1913, Page 7

TERRITORIALS FINED.

ASSAULT ON A REPORTER.

"COWARDLY AND UNJUSTIFIABLE." (By Telegraph— Press Aesooiation.) Dunedin, May 20 Mr. Widdowson, S.M., gavo judgment this morning in (he case in which five Territorials, James Carr liigby, Thomas Atkinson Bunbury, Cecil James S. Nicholson, Herbert Thompson, and Kobert Kirfcness, pleaded guilty last Wednesday to assaulting uu "Otago Daily Times" reporter by ducking him in a creek at the recent button camp. The magistrate said"The defendants have been charged with, and have pleaded guilty to, wliat can only bo considered very serious, cowardly, and unjustiliablc assault. It was also a deliberate and evidently premeditated action. I can only say that the conduct ol the defendants not only does not redound to their credit as men, but it. casts a very serious rellection on tho discipline of their regiment. Happily, I believe this is the iirst occurrence that has taken placo in connection with the Territorial forces, and I trust it will be the last. Tho punishment for common assault is imprisonment not exceeding two months, with or without hard labour, or a monetary penalty not exceeding .£lO with costs. I cannot treat this matter lightly. I think that probably a fairly substantial monetary penalty will meet tiic case, and vindicate the law. Each of tho defendants will be fined a sum of .£5 and costs, in default one month's imprisonment.

Mr. W. C. MacGregor (who appeared to prosecute) asked for professional costs. Mr. Hanlon (who represented defendants) submitted that they should not be allowed. Mr. MacGregor was imported into tho case by the "Otago Daily Times," and if they wislied to have their own counsel then ttiey must pay him. He contended that it was a police prosecution.

Mr. MacGregor said that lie came into tho case long before the police ' knew anything about it. The magistrate said he did not think it was a case in which the police could not have prosecuted. Under the circumstances, witnesses' expenses only would bo allowed. Each defendant was then ordered to pay his proportion of tho witnesses' expenses, 3s. each.