THE UNWRITTEN LAW

Dominion, Volume 11, Issue 140, 2 March 1918, Page 12

THE UNWRITTEN LAW

ASSAULT ON AN OPTICIAN. The unwritten' law was mentioned in the Magistrate's Court yesterday, when Ernest Claude Payne, a waiter, for whom Mr. H. F. O'Leary appeared, was charged with assaulting Uicliard Thomas Bickerton, optician, Manners Street, on the evening of November 30 in the latter's shop. Mr. P. W. Jackson appeared for the complainant. ' Bickerton in his evidence stated that a young woman whom he afterwards discovered was the wife of the defendant .asked him to deliver a message to a young man named Frank Kelly, a friend of his. This message Bickerton forgot to deliver, and about 7.5 p.m. on the day in question, just as Bickerton was leaving his shop to buy some cigars, the young woman-met him and asked him if he had delivered his message. He admitted that lie had rot, and told her that if she would come along he -would see if he could get the message through by telephone The two went back to the shop, and passing into the sight-testing room, where the tolephone was, Bickerton rang up and found that his friend was-not at home. He was sitting at the table where the telephone was, and Mrs. Payne was sitting about a yard away from him. Hβ was just telling her the result of his efforts on the telephone when Payne rushed in and struck him a violent blow on the face aid knocked him almost senseless. The defendant continued to attack him, broke two walking sticks, a carpet sweeper, an Osram lamp, and damaged an rjl painting. , . ~ / In cross-examination l3i(tetpn said he did not know that the womau was married. He had not previously met her except in the tea room. Ho had not previously known th*> defendant. The defendant Payne in his evidence stated that he went awny in a hospital ship, and on his return he discovered that his w.fo had not been "behaving herself. On the night m question he saw his wifo meet Bickerton in Manners Street, they shook hands, and after a little while they returned towards Bickerton s shop. Witness did not seo them go into the shop, and thought they may bare gone into Everybody's Theatre Hβ thereupon obtained permission to took around £Eo theatre, which he did. This took about 15 or 20 minutes and be then went into Bickerton's shop He saw his wife in the back part of the shop Ho immediately struck Bickertoh and admitted having broken some of the things named and damaged the "Wll'tt, on behalf of'defendant, contended that his client had considerable provocation, and that should be taken into consideration in fixing the pe nSl««.«trato(Mr.S.E.M;Carthy, SM) said be- was not going to recoanise the .unwritten law. A man had been as-anltad h.v two soldiers in Auckland, and two men were assaulted in TViklins, and he was not soinj to lie a' partr to the recognition of any unwritten law. There was a proper legal course to pursue, ami it woulo ! never do to nllow a suspicious young Sand to take the law into his own defendant was convicted and lined £ Mr O'lifflTV Ttotenlfld «!»inst the. heaviness nf the penalty, and appealed to the Magistrate to reconsider the natter. Mr. O'Lcanr pointed out ,hat he had not urged tho unwritten law nVhad only suggested that h.s client had' a very great provocation. Hhe llagistrale, however, declined lo niter his "decision. _^____