MAGISTRATE'S COURT. HOKITIKA

Hokitika Guardian, 14 February 1921, Page 4

MAGISTRATE'S COURT. HOKITIKA

SATURDAY, FEBRUARY 12th

alleged assault

(Before C. R. Orr-Walker, Esq., S.M.)

Police v. William White a charge of disturbing an entertainment in Princess Theatre; and with assaulting A. De-

viscpri. Air Sellers appeared for defendant and pleaded not guilty. » (Continued.) Charles Pearson deposed ho was minding the barrier at the Theatre on the night in question, between the Is and 2s sections. Defendant was in the second seat from the barrier. Saw Stickles and Breeze climb the barrier into the 2s section. Tried to put them back but failed. Deviscovi came to help witness, when White said to Devis- ■ covi bo would knock bis head off. I White left his seat to get to him. I There was a scuffle and much con- ! fusion. Some seats were knocked over The men wore separated and ther

everything was normal. After the first blow by White, which missed, tho men closed in a scuffle. White was the sole cause of the disturbance. William Stickle, aged 15 years, deposed ho bought a Is ticket, and went into the pit. After the interval witness hopped the barrier and Pearson tried to push him back. Then Deviscovi came along and said he had to get hack. Then heard White say to Deviscovi that he had' been looking for him for a long time. Before that heard some one say, “leave the hoys alone.” | There was considerable noise when the fight started, ft was a good go. Constable Quinn deposed that he interviewed White who said that 1 1 . Woolhouso was the cause of the trouble and that the latter struck the first blow. This was the case for the police.

The defendant, William White, then gave evidence. He stated that <> alter the interval lie sat in the second seat from the front, on the left. Douthwaite was on tho outside. Saw the two hoys go over the barrier. Heard scv-» oral say to let the boys alone. He also said so. Then Deviscovi came along and after some words with Pearson he said to the hoys to get over or he would throw them out. Witness said let them alone, as there was a vacant seat. Deviscovi said shut up, or I’ll settle, you too. Deviscovi then came over and struck witness first when he was in his seat. He was hit in the mouth, shattering several teeth. So Sorgt King.—Was on the second scat when Deviscovi struck him. Did not encourage the boys to jump over the harrier. He was not looking tor trouble. Deviscovi hopped over the harrier and hit witness while he was in his seat. Never dreamt that Deviscovi when ho came over the barrier was going to hit witness. After lie was struck witness did his best to defend himself. Could not say if there was considerable uproar, hut lie was very busy while it lasted. Percy Shannon gave evidence that he was sitting on the second seat from the barrier. Saw Deviscovi come along. Heard White say leave the boy alone. That was all lie heard White say. There was a boy between witness and White. White did not move from his seat till Deviscovi struck him. To the Sergeant.—-Heard Pearson say to Woolhouso—“You ought to be ashamed of yourself,” For all lie knew Deviscovi hopped over the harrier and hit White for nothing. As far as he could see Deviscovi was the aggressor. To the Magistrate.—He was right alongside White, and did not hear him make any provocative remark. William Douthwaite deposed he was a carrier. Sat in the pit alongside White. Did not hear White use any threatening words. White did not move until Deviscovi came over the barrier and struck White while ho was in his seat. I To the Sergeant.—White was struck without any provocation, except saying to leave the boys alone. To the Bench.-—Saw Woolhouso rush at Pearson. That was before trie row with White. White did not leave his seat till he was struck. The Court then adjourned at 1 p.m.

AFTERNOON SITTING

The Court resumed at 2 p.m

Arthur Leonard White (son oi defendant) 12 years of age, gave evidence that after the interval he was sitting with his father, with Win Doutliwaite between them. Saw Tony come up and say lie would chuck the boys out. Then heard some one say lie would have some of him. Did not look back, but it was some one about two seats behind. He saw lain pointing at Tony. Then Tony jumped over the barrier and bit bis father while lie was sitting in his seat, liis father did not have his bands up. Then they bad a fight. Earle Win Breeze deposed, be was an attendant at the Mental Hospital. After the interval be was in the pit, sitting in the second seat from the back. Saw Deviscovi come over a seat and strike out at White. White did not get off his seat till be was struck. * He did not hear any words pass between tlie men, or any other, before Deviscovi struck White.

His Worship in giving judgment said there was no reason to doubt young Pearson. He gave his evidence very fairly. He bad no doubt that White was the aggressor. ITo saw these boys being treated, as he thought harshly, which .was not the case. There was no reason why there should have been any interference with the ushers wlfo weie doing their duty. Defendant would bo convicted and fined £3 and costs 34s on the charge of assault and convictccl oil tlie charge of causing a disturbance and ordered to pay costs 7s. The Court then rose.