THAMES S.M. COURT.

Hauraki Plains Gazette, Volume XXXII, Issue 4330, 14 October 1921, Page 1

THAMES S.M. COURT.

DISTURBANCE OF THE PEACE.

THREE-ACCUSED FINED.

(“Gazette” Staff Reporter.)

Edward Stewart, Nuku Merriman, and-Cumberland Cane were charged with committing a breach of the peace, Stewart went out of an hotel, Sergt. McDonnell said, on to a vacant section to fight. Stewart, was going to fight Cane, but decided that he was not good enough for his intended opponent. Nuku Merriman then stepped out and threw down the gauge of battle on behalf of his friend, and, the sergeant said, “there was soon blood and hair flying, and one of the most disgraceful scenes that had been witnessed in Thames for many years was beheld.”

Cane pleaded guilty, and the other two not guilty. J., Farquar son Jones, Baptist minister,, gave evidence as to having witnessed the affair, and tried to stop it,, being afraid that one of the men would get his skull fractured on a broken bottle, a brick, or a clothes prop. There were several men watching the fight, and these were worse than the contestants, as they were urging the latter on to more valiant efforts. Constable Briggs said Stewart was the original cause of the whole disgraceful scene. To Mr J. C, Garland: Merriman said Cane was the, aggressor.

Sergeant McDonnell said one of the men was later walking about with a black eye, and another with a bandaged nose. These signs of the /conflict were a good advertisement to mark down the culprit. Mi* Garland, who appeared for two of the accused, said the section where’on the affair took place was not a public place, but a private section. Sergeant McDonnell: It was in view of a public place and the pass-ers-by. Mr Garland said there were several sections of the Act under which the accused could be prosecuted, but these were not used in the present instance.

Edward McDonald Stewart, one of the accused, said that Cane acted provocatively towards him, asking him to go round to the back, and wanted to fight him there, but accused refused. Merriman then came round and fought Cane. Accused had never been prosecuted before. Sergeant, McDonnell: Why did you take your coat off? To have a fight, but the other fellow was too big for me and I put my coat on again. , When did you do work last ? About six months agbl. You are a professional sponger ?

No T am living on by means. Nuku Merriman was the next to tell his story. He was trying to get Stewart, away, and then Cane hit him,

so he then took his own coat off and fought Cane. Sergeant McDonnell: You have been up before the Court thirty times, have you not, for assault, threatening behaviour, aiding and abetting, etc,, etc. ? —Yes. Mr Garland insisted that t,he offence was not disjunctive, in that the place was not a public one. Even the Police information laid was defective.

His Worship said Cane and Merriman .were guilty, and Stewart also in intention, though the latter had deem-ed-discretion the - better part of valour. Merriman and Cane would be fined. £5 and costs, in default one month’s imprisonment, and Stewart £2 or 14 days, /