AN EASTER ASSAULT

Dominion, Volume 14, Issue 176, 21 April 1921, Page 8

AN EASTER ASSAULT

CIVIL PROCEEDINGS FOLLOW CASE AT PETONE At the Petone Magistrate’s Court yesterday William Ryan (for whom Mr. IV. E. Leicester appeared) proceeded against Benjamin Jones (represented by Mr. W. F. Ward) for £l4 14s. for damage alleged to have been done to a suit of clnthes, and £1 2s. fid. for the replacement of a presentation pipe. The proceedings were the result of an assail)*' alleged to have taken place on March 24. The complainant said that on the evening of March 24 he, in company with two ladies, was proceeding to the residence of a relative —Mrs. Pollockin Fitzherbert Street. As it would be necessary to pass a sect.io* owned by Jones, and because he had been inform cd that lads in that locality were >r the habit of throwing stones witness suggested ,to his companions that they walk on the other side" of the road XVhen passing the section he noticed • number of boys with their hands fill: of stones, sitting on the fence. On reaching his destination witness wa» asked to go out and see if he could locate Mrs. Pollock's youngest son Harold, who. it was stated, had on two previous occasions received a thrashing at the hands of the Jones ixrys. After making an inspection of the section, witness, who was smoking a pipe wTiteli had been given to him that evening, w.ss returning to the house, when Mrc Jones accosted him, and without any warning made a rush at him, knocking the pipe out of his mouth. “I did not desire to strike a woman,” said witness, “so I merely defended myself tw covering my face with my hands.” Then a Mr. M'lntosh appeared on the scene and endeavoured to drag Mrs. Jones away. The next that witness ro membered as the advent of Mr. Jones, who commenced operations by striking M'lntosh. Mrs. Jones made some r* mark to defendant about M'lntosh being the wrong man, hearing which do fendnnt rushed at witness. Then ensued n tussle, during which witness, in self defence, had occasion to knock defends n* down about three times. In the encounter the suit witness was wearing was damaged considerably. William Gough sni'd he saw Mrs. Jones strike Ryan, and heiifd her threaten to have him arrested. He was oertaix that Ryan did not strike her. XVitiies* had endeavoured to restore pence, lnP Mrs. Jones had accused rum of being inebriated and had pushed him off the footpath.

Elizabeth Pollock said she nad inform ed the Jones boys that she had had enough of their nonsense in beating he. r son. XVitness had requested Ryan to go to the section and see if he could find the boy. because two nights previously ho had been flogged tn a shod at the rear of the riect’pn. When witness went outside later she saw M'Jnfosh holding tin to Mrs. Jones. Jones rushed to the scene, and ’after striking M'lntosh turned on Ryan. XX’hile Jones was grappling with the last-named, Mrs. Jmios was striking Ryan from behind. M T itness had deemed it expedient to "pull her out of it.” Th» fight terminated before the arrival of the policy. Robert M'Ginity, aged 15. said he saw Mrs. Jones come up and “smack Rvnn in the face.” The blow caused th* pipe io fall out of Ryan’s mouth and break. Jones arrived, and, after striking Jl'lnfosh, assaulted Ryan.

To Mr. Ward: He was quite sure that Mrs. Jones struck Ryan, who did no* retaliate. Counsel contended 'hat the assault; was intentional and without any lawful justification. Alice Ann Jones gave evidence which was a complete denial of the charge. She had been called out to the street by her daughter, who told her that Ryan was annoying her boys. Witness asked complainant what he was doing on her section, and what business he had to interfere with the boys. Ryan swore at her and fold her to mind her own business. She threatened to have him arrested. Gough, who was in a helplessly drunken condition, had .interfered, and she had told him to “pet out of it.” Ryan, said witness, was also drunk, and had struck her several times, causing her nose to bleed profusely. To Mr. Leicester; She considered that M'lntosh had had a drink or two, but the statement that he was was not true, Ryan had threatened to give some of the lx>ys a hiding, and was arguing with them. She did not strike Ryan at all.

Benjamin Jones, juti., said that Ryan had entered file section and had taken hold of him, making use of strong language. Mrs. Pollock had tried to strike his brother, but he had dodged her. William M'Ginity, aged 17 years, said that Ryan had told him that he would get him (witness) gaol if he had any more trouble with him. Violet. Jones said sho was present when Ryan struck 'Mrs. Jones. Tn the encounter with Jones, Evan made the first hit.

Thomas M'lntosh said ho remembered hearing Mrs. Jones say to Ryan: “Don’t hit me, you coward.” Benjamin Jones said he had arrived on the scone and asked his wife “What’s to do?” He saw that hor noso was blooding and her hair pulled down. Ryan strue.k witness first, and during the course of the fight knocked him ouf two or ’throe times. “The coward tried to hit me while 1 was on the ground,” he informed the Court. “I saw my 'missus’ bleeding, with her haii- down, so I went to her help. . . . I’d strike any man in self-defence, if there was only one ofthem.” Mr. Leicester: Have you over boon piiilty of breaking the law before, Mr. Jones ?

Defendant: T swear before Almighty God Unit I have never broken a law of fh’’s land. '

Air. Leicester: Have you over been convicted of theft?

Defendant: Yes, but I was not guilty of it.

Mr. F. K. Hunt. S.M.. said that two entirely different stories had been foldho would prefer to believe that of the p'->int ; ff. To his mind, if was inconceivable that a man of nlointiff’s age and appearance would strike a woman. Mrs. Jones was appnrently a hot-tempered wo. man, and one knew what women of th”* nature were ’ike when they MW their children in trouble. He was quite satisfied fhnl an assail l ! bad been committed. Judgment would be given for plain-' tiff for £5 (Is. firl. Costs £5 10s. were allowed against defendant.