BATTLE ROYAL AT SOUTH KARORI

Hawke's Bay Herald-Tribune, Issue 25, 13 February 1937, Page 6

BATTLE ROYAL AT SOUTH KARORI

-Press Association.}

Story of Christmas Day Assault QUARREL OVER DRINKS

(By Telegraph—

. WELLINGTON, Last Night, A "battle royal" in South Karori on Ghristmas Eve and Christmas Day was described by witnesses in the Magistrate's Court to-day during the hearing of ten assault charges against five different defendants, and other charges involving the possession of an automatic pistol- and ammunition. Several of the defdhdants had had to receive medical attention as a result of the battle, one being kept in hospitai for five weeks with a broken jaw and injuries to his sides, chest, throat and tongue. The end of the contest ' took place on the afternoon of Christmas Day, when eight persons were involved, three being knoeked unconscious. John Gordon Kilminster, a farmer, was charged with assaulting James Eobert McKenzie and with having an automatic pistol, and ammunition adapted for the use of it, in his possessiom His brother, Frederick Percival Kilminster, a farmer, was charged with assaulting Eileen Mehlhopt and James Eobert McKenzie, and a third brother, Lawrence Victor Kilminster, a farmer, was charged with assaulting liuben Mehlhopt and Albert Henry Mehlhopt, farmers, and also McKenzie. Lawrence Kilminster, in his turn, charged the Mehlhopt brothers with assaulting him, and John Gordon Kilminster charged McKenzie with assault. Mr. J. Morling, S.M., was on the jBench. Mr. W. Goodwin appeared for ijhe Kilminster brothers. . Detective-fcSergeant P. 'Doyle, who prosecuted, said that on Christmas Eve the Mehlhopts, wJto were farmers in South Karori, had a Christmas festival, . and at about 10 p.m. John Gordon Kilminster, an uninvited guest, but stiil a ifipnd, of the Mehlhopts, arrived. Although siightly intoxieated, . he was cffered some drinks and accepted them. • Subsequehtly; it was suggested that the menfolk should put in 4s Gd each to pay' for the liquor. Kilminster demurred, and another guest, McKenzie, suggested that if that was the way Kilminster. i'elt about it he, McKenzie, would pay the other 's share. Kilminster immediately struck McKenzie several times. They were separated. Kilminster took off his coat, vest and shirt, and was clad only in his . trousers. Fighting drunk, he charged. McKenzie, but missed him, striking his head against the window, which broke, cutting him about the head. He had something to eat, and decided to go home, but had oni'y just got on his horse when he saw McKenzie in the garden, and, jumping off, rushed him and again assaulted him with his fists. A fight took place in ,the garden, and Kilminster . was knoeked clown^n the process. He went llome, but his brother Frederick arrived at the party at Mehlhopts at 1.30 a.m. and then assaulted McKenzie, hitting him three times when he was sitting down. He mentioned that his brother John was in a bad way, so Mehlhopt went around to see him \nd asked Frederick to come back and get some- whisky for John, whose jaw was apparently broken. A. further fight then occurred. On Christmas Day, continued Mr. Doyle, Frederick returned to apologise . to Mrs. Mehlhopt, saying to McKenzie,1 in passing, that they "would get him." Later, Frederick arrived with his brother Lawrence. McKenzie was grabbed from near the door and pulled backwards over the gravel -with his shirt over his head, so that he could not see. Lawrence started to jump on McKenzie 's stomach. Mehlhopt intervened, but was knoeked out by a blow on the forehead with a stick. Euben, .his brother, came to his defence, but was held with one arm and struck in the face with the other, so that his falsa teeth were broken. They also pulled his trousers off. McKenzie was meanwhile crawling back into the house., Frederick Kilminster threw Mrs. Mehl- ' hopt, who was also taking part in defence, a.gainst a wall, rendering heri unconscious. Constable Cattaiach was .called in and had to summon medical ) assistance immediatelv.

McKenzie,. in evidence, said thatj .though he offered to shake hands, Fred!erick Kilminster threatened "to tear, him to pieces" for assaulting his brother. When John Kilminster got off the horse he knoeked down both witness and another man, Livingstoue. Witness got up and said, ' ' Come on, I'm ready this time," and after /John Kilminster had charged, he (Kilminster) was carried inside. Witness produced a shirt in ribbons, and stained with blood, which he said he was weariue. •••x'ne Only Way" Cross-examined by Mr. Goodwin, witness said that he stood in the doorway with an axe, saying, "Come on now, come on," because it was the only way. Lawrence said to his brother Frederick when he saw the axe, "Let's go. " Aljpert Henry Mehlhopt, in evidence, said that he remembered eoming to, on Christmas afternoon, with blood stleaming from his face. frederick' was theu puncliing and strangling McKenzie in the porch, aud his wife was holding the inside of the door against Lawrence, who was trying to bre&k in. He remembered nothmy more, untxl he came ;to again outside the doorway, with McKenzie across the entrance, axe in haud. The defence was a denial of the i charges against John and Lawrence Kilminster, a plea of justification on grounds of self-defence being advanced in the ease of Frederick. It was suggested he had taken the law into his own hands and set out to avenge his 'brother 's mjuries. ' ' I ain quite satisfied you did commit an assault," said the Magistrate addresing John Kilminster. "You took off your coat, vest and' shirt and if that's uot a threatening attitude 1! would like to know what is. I am.pre-. ioarad W convi&lj «ad di»h *sm» *«*■

"You,-" said the Magistrate to Frederick Kilminster, ' are in qiute a different category. You made three premeditated assaults. You took the law into' your own hands instead of coinmuuicating with the poiice. There is, in my'opiuion, no justification i'or your - brutaT attacks. You will be tined £5' with costs. To Lawrence Kilminster the Magistrate said- there was ' no doubt he had taken part in the assaults but just to what extent it was diific'ult to say. "I1 am quite. satisfied,- however, that you went along to help your brother Fred-f erick avenge -John 's injuries and that your assaults were also premeditated. You will be fined £3 and ordered to pay the cost of -repairing Eeuben Mehlhopt 's teeth. ' ' * For being unlawfully in possession of an automatic "pistol John Kilminstex was fined