POLICE COURT.

Hauraki Plains Gazette, Volume XXXIII, Issue 4396, 29 March 1922, Page 2

POLICE COURT.

MONDAY, MARCH 27. (Before J. H. Salmon, Esq., S.M.) A case around which a good deal of interest was centred occupied the attention of the magistrate during tlhe whole of Monday last It will be remembered that on March 3 it was reported at Waikino that one R. A. Kinsella had been brutally assaulted while going home from the afternoon shi r t, and A. J. Trott, and J. J. Murray were subsequently arrested in connection with the matter, The accused were on Monday before the Court charged with having assaulted Kinsella with intent to do him bodily harm. Senior-Sergeant O’Grady appeared for the prosecution and Mr Clendbn for the accused. \ The first witness for the prosecution was the victim of the assault, who had only that morning been released from the hospital at Waihi, where he had been a patient flince the trouble, Robert Armstrong Kins.ellia, who said he was employed at the Victoria Battery, Waikino. He was a single man, and resided at Mrs Smith’s boardinghouse. On March 3 he went on shift at 4 p.m., and was employed on the stampers. He knew the accused Murray and Trott. They were employed in tlhe vacuum washing plant.. He went over to the vacuum washing plant to get some wood. Just as h.& was picking up the wood somebody threw something. He walked back and saw Murray and Trott standing by the door. He said, .“don’t fire anything at a friend, or you might hit him.” Murray said, “who do you think would throw anything at you?” He said to Murray that he would be going home at 12 o’clock. He went back to his work and left a few minutes before mid L night. When, he was 'crossing the bridge he saw Murray standing under the shade of the notice board. The bridge is well" lighted from tlhe battery. When he got across the bridge he saw Murray and Trott standing under the picture notice boarfl. He stopped when he saw them there, andi Murray said, “Are you .ready for it now ?” He had not time to answer, as Trott rushed him' and hit him on the face with something hard. All he could remember was falling, and he was in hdlds with Murray. He was half dazed. Murray was pumbling at him all the tim£ he was on the ground. He was dazed from the effects' of the first blow.. He managed to get up, and asked to be given a fair chance. He did not remember being struck again. All he knew was that Murray and Trott'were carrying their tea bottles with them. A man named Sanders came down, and fie asked him to go and get Mr Banks to come and take him to' the hospital. When Sanders did not come down he made his way to the powerhouse to ring up Mr Banks. A man named Palmer then rang up Mr Banks], and also attended to his injuries. When fie could not get on to Mr Banks he asked the night'-watchman, Mr Taylor, to ask Mr Frisk, the butcher, to take him <to the hospital. It was .the first tiime he had had trouble .with Murray or. Trott.' He did not associate with them. He went' down to the Thames races in the same car as Murray and Trott. They stopped at Kopu for a drink, but h<» would not! have one. Next morning they had a row l , and Trolx said , that he would throw him intg the river. He had not arranged any fight with Murray, He was no,t a man for fighting, as he only had one hand and three fingers on the other. To< Mr piendon witness; said he swung an 81b hammer at his work. All he had had with Trott prior to the assault was aS friendly argument. He did not remember any argument with Murray. He got on well with his mate at the battery, Mb Clendon : Can you nienttion anybody who has been in more assaults in Waikino than yourself? Witness: No, I can’t. Mr Clendon : Did you have a quarrel with Scotty Young?—No. Did you have a with Dempsey ?— No ; Dempsey hit me. And Dempsey got convicted ? —Yes. You had two fights with Dempsey ?—No, .he hit me.

Witness flaid that he had been in Waikino all hi's life and go-i on well with the people. He did not know Murray’s age.. He could not say who threw something at him op March 3. There was a high wall between him. arid Murray when something was ; thrown at him. He did not tihink it was a bird. There was always somebody bullying him. - Mr Clendon : You are the most unpopular man at Smith’s boardin g'house, are you not ? Witness : No ; only with, about four. Continuing, ' witness positively swore that lie did not challenge Murray to fight'. Murray did not say that he would not fight him in working hours. Murray said he would meet witness on the bridge at 12 o’clock. He went through the end of the vacuum washing plant to his work. This Was the shortest way. He did not remember, speaking to Murray. There were only four coming off 'work that night, and the same number going on. He came straight from the battery across the bridge. They came before he did, and were waiting for him. He never heard Murray ask if he was still of the same opinion and ready for him. Murray said "are you ready for it now.” He had a crib bottle in his hand. He denied that Murray took the bottle. H? swore that Trott hit him first. Trott rusher, him on the left-lhand side. He knew of rio reason why Trott should hit him. When falling he fell into Murray’s arms. He never lifted his hand to Murray. He could not say how Murray got the mark on his lips and bruise on his head. He did not. hear. Murray say "will you give in.” Trott hit him first, and he did not know what happened after, as he was dazed. Mrs Brown ordered him out of her boardinghouse once. In his opinion the first blow caused the injuries. Trott struck thati blow.

Dr. Bathgate, at present acting superintendent of Thames Hospital, said that on the 4th of the present month he was relieving Dr. Brown,

at> Waihi Hospital. The last witness was brought to his surgery at 1 a.m. The patient had only a towel found his head. Witness found him in a very dazed condition, due to shock. He had a. compound fracture of both nasal bones, the septum of the nose was broken, considerable disfigurement to tlje bridge of the nose, and the left eye was injured. Witness treated him to stop the hemorrhage and gave him a stimulant and seiu him into the hospital. He was in a dazed condition for several days. The bones of the nose were shattered into fragments. He must have lost a lot of blood. There were two or three superficial abrasions on his face. His left eye was injured, and he was still suffering from it. Witness said that there must Have been considerable violence used. He '■ considered .it could have been done by any blunt instrument It was unlikely that the injuries were done with a blow frpm a fist. He was not prepared to say. that the eye would get better without an operation. In order to correct a deformity to the nose a further operation would be necessary if. he desired. R. M. Fulton, batteryhand, employed at Waikino, said that when ten yards from the bridge when on shift he met Trott and Murray. They were near the picture notice board. They were going towards Waikino Witness walked over the bridge towards the battery, and met Kinsella about five yards bn the bridge. When he'reached the middle of the bridge he heard a call, and took it to be Kinsellals' voice. He looked round and walked back quickly, and saw a figure, which looked like Kinsella, going round. Kinsella was bleeding pretty freely from the face. Murray hit him a couple of cracks after he was bleeding. Witness said to Murray, “That's enough, knock off.” Tr'o’.t was standing about six yards away. He did not see Kinsella strike Murray. He did no,t see the commencement of the fight or see any bottles in Murray’s or Trottis or Kinsella’s hands. Trott and Murray remained there. Mr Harris came on the scene with an acetylene light. They examined Kinsella, who was damaged. Kinsella was asking all the time to ring up Banks. Oross'-examined by Mr Clendon, witness said that the scene of the occurrence was partly lighted.,. He could not i see what was going on. When he got back Murray said, “Will you give in ?” Kinsella then had his hands up to his face. Kinsella said, “You did not. give me a chance to get my coat off.” Witness said that Murray hit Kinsella once on the breast and once on the neck. The row could not have lasted two minutes. > Kinsella did not complain to witness that he had been struck. Murray struck the two blows after he said “Have you had enough.” J. Harris, motorman, employed aB Waikino, said he was going on nightshift about five minutes to twelve on March 3. ,He heard voices and came over to the bridge and saw. four men on ’ the bridge, Arthur Trott, Fred Murray, Bob Fulton, and Bob Kinsella. Kinsella’s face was all ovei] blood- He did not say who did it. Sanders came along -and Kinsella asked him to ring up a car to take him to Waihi. Trott approached Kinsella with his handkerchief to wipe the blood off “Kinsella’s face, but Kinsella refused. As far as he knew he understood Murray to say that Kinsella wanted to fight him coming over the bridge. He never heard any statement, made that Trott Had hit Kinsella. He saw that Trott showed a great willingness to offer to wipe the' blood off Kinsella’s face. It did nof occur to him that! Trott had anything to do with it. ( \.

Henry Sanders said he knew the two accused], and also Mr Kinsella. He saw Trott and Murray leave <the vacuum plant about five minutes -o twelve, and walk over the bridge' together. He did nob see . Kinsella leave. When he came across the bridge he saw Trott? Kinsella, Murray, and Harris. Kinsella asked him to ring up Mr Banks. He went back to'ring up,- but could not find anybody. He saw that Kinsella’s face was covered with blo'od. Murray said to Kinsella, “That will teach you tobe civil.” Kinsella repl/ed “I am always civil.” The trouble was all over when he got there. Kinsella did' not make an)y remark that he had been struck by a bottle over the face. " J. H. Palmer said that Mr Kinsella caine into the powerhouse and him. to ring up Mr Banks, but he could not get him. Kinsella was all covered in blo’od, and his Ipft. eye was swollen. He got him some water and a towel, and Kinsella bound!up ihis own face. Kinsella did not wait for witness to ring up anybody else, as he said he was in too much pain. S. Prisk, residing at. Waikino, said that Kinsella came to his house and he took him to Waihi. When he first came he seemed fairly well, but when in the car he seemed half dazed. I Constable Whiting, of Waihi, gave evidence of arresting the two accused. When he was arresting Murray he said, “What are you arresting this man (meaning Trott) for; I did i-.” The warrants were read at the station, and they both said they understood it. Trott made a statement. Senior-Sergeant; O’Grady also gave evidence of the arresting of the accused, and Trott made a statement, which wrns read.

Upon the charge of assault being read the accused both pleaded innocence of the charge, and elected to give evidence. Mr Clendon said that .the defence was that the injuries were the result of a' pre-arranged fight, and were not the result of an assault. Trott was perfectly innocent of the charge, and took no part in it whatever), while Murray freely admitted it was an arranged fight between Kinsella and himself.

A’. J. Trott, batteryhand at Waikino, said he had been employed, at the battery for three years, but had spent most of> the time in the hospital. He was a returned soldier with seven years 174 days service tp his credit, and had a clean; discharge; also a reference from the police]. He had never been before a court in his life. He exchanged drinks with Kinsella when at the races feur times,

arid there was no bad feeling between him and About 6.30 on'March 3, while witness and Murray were working outside, Klnselia came round the comer and accused Murray of throwing something at him. Murray said-“I did not throw anything at you.” Kinsella said “You are a liar.” Murray said “Come down here and I will show ypu." Th.ey then went into the battery and . had been working, for about ten min- - utes when Kinsella came in apd said to Murray not to fprget to be on the bridge at 12 o’clock. He natiurally went down with Murray, as they lived in the same ibpardinghouse. He said to Murray to come on home put of it. Naturally enough, knowing that a match had been made previously, he thought that he could be the peacemaker. When they gob over by the 'board he asked Murray tp come home,-but Murray replied that if he did Kinsella would think him a coward. He did not think therewould be a fight and left. Later, when he looked round the fight was in full progress. There were two falls, but they were no sooner down thlin up again. He spid he would not fight in such a place owing to the rough nature of the .ground. He had been a bit of a pugilist, but had not done any fighting since 1915, when he had his arm smashed.. He saw at least five blows delivered by Murray. The fight lasted, from two to three minutes. Murray had hold - of Kinsella, and asked him if he would give in, and Kinsella said yes. That was the end of the fight What he could see was that one man could fight and the-other couldn’t. He absolutely denied having hit Kinsella, and did. not stop the fight as it; was pre-arranged. He attributed the injuries Kinsella received to thb amount of blows delivered by Murray, He swore that there was nof : punches delivered while either of the men was on the ground. He was not aware of any ill-feeling bettyeen Kinsella and Murray. I ' Cross-examined by Sergt. O’Grady, witness denied that he was an agitator. He and Murray had walked home together for the past week. To Mr Clendon, witness disputed Kinsella’s statement that he struck him with a bottle. IKnsella was us* ing both arms in the fight, apd there was an equal number of blows exchanged. -John James Frederick Murray said that previous to March 3 there had not been ill-feeling between himself and Kinsella. In the evening he was shifting some cases when one hit against the fence. With this Kinsella cante over and challenged him to fight, and .this was arranged to take place at 12 o’clock.. Later on Kinsella came into his department and said not to forget 12 o’clock, and not to bring any working mates with him. On coming out he saw Kinsella in the fitting shopk apd as soon as witness left Kinsella followed. He walked on the bridge with Trott. They 'said good night to Fulton on the other side of the bridge. Trott left him, and he said he was going to get an apology from Kinsella. Just then Kinsella came over the bridge, and witness asked him if he was of tfie same mind, and he said yes,'cpme , on. He rushed the bottle out of Kin- > sella’s hand and they got into holts. They both fell down and got up again. The fight lasted two minutes, and they struck each other as often as they could. - He hit Kinsella mostly about the face. When they were finished witness asked Kinsella if he would give in, and he said yes. 1 He did not strike, with anything but his hands. Trott\ did not take any part in the. fight whatever. There was no truth in the statement that Trott struck Kinsella with something hard. Trott endeavoured to assist Kinsella with his wounds. There was no truth in the statement that Kinsella was waylaid and assaulted. He swore positively that the fight was pre-arranged between himself and Kinsella. Cross-examined by Sergt. O’Grady, witness said) he had known Trott for about a’ year. He had nothing against Kinsella. He swore positively that the fight tpok place on the and* 1 Kinsella was not struck with anything but witness’ fists. C. H. Taylor, shift foreman at Waikino battery, said Kinsella came to his room about' 12,30 am. on March 4 and asked witness to get him outi to Waihi Asked what had happened, Kinsella said that he had. had a row with Murray;, who had struck him. Witness described the action taken to get Kinsella to the hospital. H. B. Wade, hat,teryhand, Waikino, said he relieved Trot; on the night of March 3. He remarked to Trott that Kinsella seemed to be waiting for somebody. This concluded the evidence for th? defence. * After hearing the evidence thej magistrate said the outstanding feature of the case was- the extra-: ordinary brutality dealt out to Kinsella. Even assuming that a figlit had been arranged, re knew of nothing in the law which warranted such a shocking state. There might be an unwritten law in Waikino, out that could not be tolerated for a moment. He was not satisfied that the accused had given the right version of the case. Trott must! have , retraced his steps after going across the 'bridge, while Murray admitted fighting. The doctor had said it was unlikely that the injuries could have been done with the fist, bbt had been, inflicted by some hard substfcince. He was satisfied that the injuries could not have been done by a comparative youth like Murray, who had stated he knew nothing ofl fighting. He believed it was a cowardly assault. The case really called for imprisonment, but considering that neither had been before the court previously, and the record held by Trott for service, he would enter a conviction;, and fined each £lO and ordered them to pay costs amounting to £9 3s, the fine to go to Kinsella.