PUNCHED ON NOSE

Hokitika Guardian, 2 August 1930, Page 3

PUNCHED ON NOSE

STRUGGLE IN SERVICE STATION TAXI-DRIVER FINED When Augustus Mitchell Tartakover, a wool buyer, pulled; up at a service station in Wakefield Street on a rycent evening, lie Received; . according to, Ins jyinisuiry, iiiucli abuse and finally a punch on tlie nose from Leslie Withers, a taxi-driver, aged 21. The (Hrcuni- ■ tanats leading up to tlie assault were •elated in the Police Court Wellington, on Thursday, when Withers (Mr A. J. .Vlazengarb) was fined £5 on a charge of being intoxicated while in charge of a motor-ear. His licensd was cancelled 'or 12 months.

Tartakover said that when he drove into the station at 7.15 on the evening of July 12, accused’s car was in front of the petrol punip. As witness was

'n a hurrv and the other car did liot appear to be requiring petrol, lie asked tlie. attendant to remove it. Withers then came on the scene, and the re~uest was repeated. Witness attempted to get out of his car hut was pushed hack.

■i “I : 'tried to appease' him as be was drunk,” coiitinued witness, “but be would not listen to me. Affer a while lie allowed me to get out of my car. 1 went round to the back to see that the; cap was qii the'tank, and accused followed me. He got bold of me round the neck and pushed me over. The ground was s'inperlv and T fell. When T attempted to get up lie punched me on tlie nose.”

To Sub-Inspector Lopdell, witness said lie certainly did not consider that Withers was in a fit state to drive. He added that just before leaving the accused came up to him and asked him to shake hands. George Moir Johnson, the attendant, said lie thought. Withers bad bad two or three drinks, but he did not think lie wa,s not in a fit, state to drive. “He was more quarrelsome than anything else; 1 and • that' was probably due; I think, to rhn fact that someone had h«atqn him for a j fare,” said He did not see Tartakover being struck. Sergeant Clearv said that when ; W-it:hers was* brought; to the Taranaki police station he was excited and tiilkatiye,,. aiifl, )yhe,ij, , talking, he ; did-, .npt, choose .his words. His physical condition appeared to be quite normal. Accused admitted he had had liqour .dur-ing'-the day. He stated also that he had put Ins car away and did not intend to drive it again that night. Witness saw him a quarter of an hour later. He was then unsteady and undoubted Iv intoxicated.

Going into the witness,box, accused said that Tartakover appeared to be in a “nasty, warlike attitude.” “I told him T would not shift until I had paid my hill and got some gas,” continued the accused. He said that if I did not shift lie would get me shifted, T said: ‘Why don’t you?’. He replied : ‘I have a good mind to shift you myself.’ He started to get out, of his car, and.l pushed hint back, remarking: ‘Don’t ho silly.’ There was a bit of pushing and shoving, but no fighting. . Tartakover slipped on some oil and fell.”'

Witness admitted he Had used bad language, and contended that Tartakover had been guilty of the same offence.

On a charge of assault Withers was fined £1 and for using indecent language a similar penalty was imposed upon him.

“Looking to tlie purpose of tlie Act, which is to safeguard the public, 1 must find this man was intoxicated . . . . .” said the Magistrate, Mr W. 11. Woodward. “The danger was there. It is very unfortunate that he happens to bo earning his living by driving a taxi. lam very sorry for him, hut, for the protection of the public, .1 must cancel his license.”