ASSAULT CHARGE

Evening Post, Volume CXXIII, Issue 136, 10 June 1937, Page 11

ASSAULT CHARGE

SEVEN DAYS' GAOL

DAUGHTERS TAKE A HAND

"Piffle, all piffle," interrupted a defendant, John Kennedy, a waterside worker, in the Magistrate's Court today, when a constable from Mount Cook Police Station, said that he had had to lock up the defendant in a cell yesterday "in case he did more serious injury." .Kennedy pleaded not guilty to assaulting William Henry Lee. '

Constable "Hughes said that Lee arrived at Mount Cook Station shortly after noon yesterday, .bleeding freely from, a cut under his chiri. Kennedy arrived soon afterwards. They had to lock Kenn«<Jy up. ■ ■ •

T-he constable read a statement made by the accused, in which he said that the complainant's family- were his tenants. Yesterday morning, he alleged, the five daughters of the complainant attacked ■■ ■. him and: got him down on his back. ■ • .-.

Mrs. Annie Jane .Lee said that she was terribly nervous about her landlord. Yesterday morning, about 11, Kennedy asked to speak to one of her daughters, who was then in bed. She pushed him out of the room, and he caught her by the threat. He was screeching and looking dangerous. She screamed, and her daughters and her husband joined her. There was a big scuffle. She had had a terrific fight..

At this stage the "witness broke down. • • ■ ■

When she had recovered, the accused asked the (.witness: one question.

There was a considerable commotion at the rear-of the court, a number of female voices being heard above the noise,' shouting, "Shut up, Kennedy," and "Mind' your own business, Kennedy." ■■.■■■ ■

Orderly: Silence! Silence! Mi\ Mosley (to orderly): Put those girls outside immediately. Put them out.

The. orderly led several young women to the court door.

The Magistrate held that a number of questions were not relevant. ' . William Henry Lee, pensioner, said that yesterday morning he heard his wife screaming. Kennedy had caught her by the throat."He went to her assistance, "but was knocked down. "He tried to choke "'me. If it' had not' been for my. daughters I would not be here now. They' liberated me, and I ran to the police station."

The witness showed several scars on his face. '" ■

Accused: Do you. remember striking, me with'a broom? ' ' ; -

Witness: Not'in your life. Accused:" What right have you-to.do-l the washing up when you'have five daughters to do it?.. You're a regular old mollycoddle. Mr. Mosley. You-must confine your-N self strictly to the question of the assault.

Miss Billy Lee, daughter of the complainant, said that she was in bed at •11.30 yesterday morning when the accused tried to push his way in, saying that he wanted to speak to her. He would have killed her father had the daughters not taken a hand. The accused "had been practising wrestling holds at Porirua Hospital. Miss Lucy Lee gave similar evidence. The defendant, she said, nearly killed her father.' ■.-... Accused: Have you ever seen me kin anyone yet? Witness: Not yet; but yesterday you were just like a raving lunatic. Accused: Was I not underneath and the five of you on top of me? Witness: No./ Father was at the bottom. ■ "., The accused, giving evidence, said that he did not,believe in people lying in bed in the morning. When he was out at Porirua he used to get-up at ouarter-past four in the morning to put the meat on for the 1400 patients. Mrs Lee, he said, pushed him backwards. He pushed her. Mr. Lee hit him with a broom handle. . ■ "They locked me up in a cell only a few feet each way," said accused. "The bed was no good. I asked for another bed and for a pillow and another blanket, and;l onl-y-, got the latter two at-10 o'clock..: The bed was a disgrace to the Government. ~ I want, the" Governor-General- to see it. ...I asked them to bring it down to Court, but they' would no.t do so." Mr Mosley: I am perfectly satisfied that the accused did assault the complainant. • ■ ■ *• ' Accused:. Under great provocation, sir ' ■ ■ : Mr -Mosley: Quite.- Seven days' imprisonment with hard labour. Accused: Can I put a charge against them for assaulting me? ■ Mr. Mosley: Get out of the box. ■ Accused: Can I' appeal,' sir? Mr. Mosley (firmly): Get out of the bnx.

Accused: Thank you, sir.