ASSAULT ON A MOTORMAN

Dominion, Volume 11, Issue 181, 20 April 1918, Page 10

ASSAULT ON A MOTORMAN

ITALIAN FISHERMAN FINED. Joe Natale a fisherman, residing al Island Bay, wag charged in the Magistrates Court .yesterday, before Mr. S. K MCartliy, S.M., with assaulting a motot-inaii named William Thomas Uiurles Worthy on the afternoon of April

Mr. J. OShea, City Solicitor, prosecuted, and llr. Douglas Jackson appeared for tho defendant.

The complainant Worthy eaid that on the day in question he was driving a. boxcar to Island Buy. Defendant boarded the car nt Jolm Street, and after a little while camn-through on to the platform. Witness' told him three or four limes to go inside, iuforming him that passengers were not allowed to stand on tlie motorman's platform. Do'feiidant said ho was all right there. Witness then signalled for the conductor, and with that the defendant went inside. Nothing mors occurred until they got some distance further down, when defendant again came, on to the molorman's platform, and was again told that he could not remain there.' Ho then became abusive and gesticulated a lot. When the car reached Cornwall Street the defendant was again told to get off the platform, when he pushed witness against the rail, and putting a hand on the complainant's throat struck him oil the face, leaving a mark on his check. The conductor came on the platform and eepnratod them, and defendant was forced on to the road. Ho then ran np a lane, and on the car returning to the spot defendant reappeared with a bottle in his hand. Witness could not say whether he threw the bottle at the car.

Thomas West, conductor, and a lad who was a passenger on the car gave corroborative evidence.

The defendant, Joe Natale, in giving evidence said he wns a married man with five children, residing at Island Bay. He remembered getting into the car at John Street, and after a little while he went on to the motomian's platform, as he was not feeling well and wanted fresh air. The niotorman told him he could not stand there because the inspector might come through again. Ho thought from that that the inspector was at tho back of the car. AVitness item inside the car/and after about five minutes went to the back of the car and asked the conductor if he could stay on the platform. The request was refused, and later he got to his destination, and ho then went to the niotorman and told him he was a liar as tho inspector was not on tho car. Romo words followed, when he took the the motorninn by the neck and there was a fitruggk'. . The conductor separated them. Witness had a bottle of oil in his pocket, which he got from the Italian CAuh. AVhen he got out of the tram car he left his cup and a parcel of smoked iisii in the car. Ho came back to meet the car to get the go<xls he had left behind, and he held uo a bottle in his hand as a eignai to the car to stop. He did not tell the niotorman or the coykUictor that he had a few drinks and was not feeling weL. He had never been in trouble before.

George Robertson, who acted as interpreter, sai'l he had known the accused for about three years. Natale was a hard-working man, and had n, good reputation amonpat his countrymen.

The Magistrate said thai; on the day in f|ue.stion defendant was excithl with drink and got on to the cnr. Thinking the air would benefit him he asked permission to remain on the motorman's platform. This was refused. He went away, and after going to.the Ixick platform, where bo wi'.c also refused permission to stand on the platform ho camo back to tlie motormnn's platform clearly with tho object of picking a quarrel with the motorroan.

Defendant "'as convicted mid fined JCii and costs, nnd was bound over to keep the peace for a period of twelve months in his own recognisance of JE2S, and two sureties of .£l2 10a. each.