SOLICITOR ASSAULTED

Hokitika Guardian, 7 November 1930, Page 2

SOLICITOR ASSAULTED

TROUBLE AT OMOTO LINKS.

DROVER MEETS HIS MATCH

(“Grey Star”.)

When Henry Thomas Gibbons, 48, stock drover, assaulted William Phillip McCarthy, solicitor, at the Omoto golf links, on Wednesday afternoon, he came off second best, and received damage to his left eye necessitating medical attention. Gibbens was subsequently arrested, and appeared at the Greymouth Court, next day, befoie Messrs A. Naylor and J. Hewer, J’s P. He was charged (1) That, at Omoto on November 5, he wilfully assaulted McCarthy; and (2) that he wilfully damaged, to the extent of £l, a motor car, the property of Allan Smith, thereby committing mischief. Gibbens, who was not represented by counsel, pleaded guilty to both charges. Senior-Sergeant C. E. Roach stated that, about 2.30 p.m. on Wednesday Mc- | Carthv, accompanied by Smith and P. I Thorpy, went to the links to play golf. Before they left Greymouth, accused j saw them, and asked if they were go- ! ing to play golf. After they had been j playing for about ten minutes, Gibbens | arrived at the links, and, approaching | McCarthy, tried to assault him. He aimed .several blows at McCarthy, j which the latter warded off with his arms. • McCarthy continued his gume, but accused followed him up and dej livered several more blows. The rei suit was th'at McCarthy had to defend himself with his fists, and he knocked Gibbens down. After accused got up, he attacked McCarthy again, Thorpy, Smith, and McCarthy endeavoured to pacify him, and succeeded in getting him to desist from further assault. I. Gibbens then went towards the pavilion, where cars were parked, and a j little time afterwards, word reached ! McCarthy and Smith that the accused was interfering with tlie latter’s car. They examined the car, and found that the wiring about the engine had been pulled out, and some of the parts thrown away. No serious damage was done to the car, but the most serious aspect of the affair was that it appeared accused had attempted to set fire to the car, there being several dead matches about the engine. “With regard to the assault,” said the SeniorI Sergeant, “I understand that Mr McCarthy has been subjected to threats for some time by this man. You might perhaps consider some bond from the accused for his good .conduct. If you hear Mr McCarthy’s evidence, I think that will assist you in the matter. William Phillip McCarthy, in reply to the Seiiior-Sei'geant, said that lie acted as solicitor for the Grey Hospital .Board. Tlie Seiiiot-Sei'geattt! I think there has been some trouble about u debt, HOUSE SOLD UP.

“yes,” said witness. f ‘l had instructions from the Hospital Board to collect an account against Glbbens, and, in the process, we sold up his house. Tn fairness to the Board, I must point out that they offered to let him have the house back again for the rent at which it was let. Instead of. coming to some reasonable arrangement, he got drunk and came to my office. He threatened to shoot myself, Mr Hannan, and the executive staff of the Hospital Board, and to burn the house doivn. I did not take much notice of him. When sober, he is quite all right. Naturally, he was somewhat incensed at losing his house, as any man would he. Yesterday, he had some liquor, and lie brought up this grievance. The only thing we regarded as serious was the attempt to burn Mr Smith’s car. He threatened, when lie left us, to burn the house, presumably the one we had sold up.” The Senior-Sergeant: In regard to the assault? Witness said that Gibbens saw him getting into Smith’s car at the Empire Hotel corner, and said, “Are you going to golf?” Witness said tfiey were. After they had been playing for a few minutes, Gibbens arrived and started arguing, and then attempted to strike witness. “I warded him off,” said McCarthy, “but he tried again, and 1 knocked him down.” They then told Gibbens to go honm. Shortly afterwards, they received information from a girl, to the effect that Gibbens was interfering with *the car. It had been put out of action, the wires having

been cut, and the distributor torn off. They had to go to town, and get Kennedy’s to go out and repair the damage which was not extensive. Gibbens was bleeding freely when he leit witness and the other two players, and quite a lot of blood was iound on the car. Dead matches were found, having been poked into the engine. There was no doubt that an attempt had been made to burn tlie car. “1 would suggest that the man lie bound over to keep the peace,” said witness. “Hejhas been annoying myself and members of the Hospital Board’s staff, including Air Rouse, the secretary, and Air Eadie, the collector.”

Gibbens denied that he had annoyed Rouse.

Air Naylor said that accused could ask the witness questions in connection with the charges against him, hut must keep to that. Gibbons said he had no questions t 1 ask.

Air Naylor: Is it quite true what In says ?

“Yes,” Admitted Gibbens

McCarthy said that Gibbens ha< never troubled him when sober, bul lie had been a nuisance when under tin influence of liquor. Air Naylor: There is no claim loi damage to the car. The Senior-Sergeant replied t’han damage to the extent of £1 was done and it was usual to order that the amount of damage he paid. With reference to the assault charge, medical expenses amounting to 10/6 were incurred by the police. A doctor had to stitch up Gibbens’ eye, as the result of his conflict with AlcCarthy.

| “Gibbens, this is a very serious matter,” said Mr Naylor, after consultation with bis colleague. “You have had plenty of experience, and you . should start to pull yourself together. •It is no use carrying on like tins It has been trying for you, hut the Hospital Board has been doing its duty in suing you for the maintenance in tlie hospital of yourself and those you were responsible for. We have tried to make it lenient for you, but we cannot allow this to go on under any circumstances, and we want to impress upon you that any more complaints will be serious. In this case, we have decided to order you to pay 10/6 medical expenses, and £1 for the damage to tlie car. You will also be bound over to keep the peace for twelve months, on your own recognisances of £25. I hope this will be a warning to you, and that you will not appear here again. Wc have taken a very lenient view.”