AN ALLEGED ASSAULT.

Hauraki Plains Gazette, Volume XXXVI, Issue 4838, 5 June 1925, Page 2

AN ALLEGED ASSAULT.

DISTURBANCE AT HIKUTAIA.

STRONG COMMENT BY BENCH,

At ths Paeroa Police Court on Monday, before Mi - J. H, Salmon, S.M„ Allred Mitchell, blacksmith, Te Puke, Alex McCommach, labourer, Hikutaia, and William Alley, Hikutaia, were charged with committing a breach of the peace and disturbing the inhabitants at Hikutaia on April 4 by beating benzine tins and using other noisy instruments. A second charge of disorderly behaviour was also preferred against each defendant. Mr R. S. Carden appeared for the defendants and Sergeant Ma,clean conducted the case for the police. There was no appearance of Mitchell, who pleaded guilty in his ’statement. A charge was also, laid against Albert Victor Brown, barman, Hikutaia, it being alleged that he assaulted William Alley at Hikutaia on the same date. Mr E. J. Clendon appeared for defendant and pleaded guilty under provocation. It was agreed that all the charges should be taken together.

The fiivt witness, Dr. W. W. Little, Paeroa., said that on April 5 Alley liad called on him. An examination showed a swelling on the neck and a number of scratches down the neck and over the left ear. In witness’ opinion the swelling had been caused by a heavy blow. The injuries were not serious. Witness said that the blow might have been with an instrument, but on being pressed by Mr Carden he said that the injury might have been caused by a fist, but he was doubtful.

To Mr Clendon witness said it was possible that, the scratches had been caused by falling on some obstacle on the ground. The swelling would not cause any great inconvenience. Albert Victor Brown, barman and porter, Hikutaia, the defendant in the alleged assault charge, said that on the Hight of April 4 he and a man named George Avery were sitting outside the hotel, when he heard a disturbance going’ on at the billiardroom owned by Buchana.n. With Avery he viisted the billiard-room and told the marker that, the row going on should not be tolerated. The marker agreed, and said he would endeavour to stop .the noise. Witness said he then went to his house, opposite the hotel and near the billiardroom, and went to bed. The mpn later left the billiard-room and turned their attention to the hotel stables, where they pulled a gig out and ran it up and down the road, playing an accordion, beating a tin,, and making a great, noise. He and his wife got out of bed and went on to the verandah, and were later joined by Mrs Alley, whose residence was near by. Mrs Alley and his wife asked the men to desist. He went to the back of his house and saw a man run away from his back door. He made a hit at. the man as he ran past the house, but missed him. Witness said he then joined his wife, who was on the road with Mns Alley and Mr Kerr, and later went up to the mob, two of whom were in the gig, which the others were pulling. Mitchell was in the gig with an accordion and 'Alley was pulling in the shafts. He went straight up to the man in the shafts, who he afterwarsd found out was Alley, and struck him. He did not know who it was that he struck. During the earlier part of the night he heard a number of bottles being broken. Alley had threatened tb shoot witness after he had been struck. Witness said he thought that the rough element.. had been introduced to annoy the licensee of the hotel and to endeavour to get him out of bed to supply them with drink. He had lived at Hikutaia for twelve years, and this was the Worst disturbance he remembered. To Mr Carden witness said that when he hit Alley the gig was nearly opposite the hotel. He strenuously denied that he had been drinking that night. To Mr Clendon witness said that two years ago he had met with a serious accident which had left him in a nervous state of health. The gig Was the property of the Maloneys. He ha.d actually seen two of the defendants, Mitchell and McCommach. Mrs Alley, who tried to stop the disturbance, was the mother of the defendant. He had hit Alley with hiis list, alter which Alley was taken home by his mother.

Ethel Ellen Brown, wife of the previous witness, described what had gone on until a shower of rain caused the party to. shelter in the oh tel stables, where they procured a gig and continued to parade up and down the road, making a fearful noise. When Mr Kerr came out the men ran away from the gig, except Alley, Mitchell, and two others whom she couldnot recognise. -Mitchell was a married man with two children. When Alley was struck by her husband he fell over the shaft of the gig. Mi}s Alley picked him up and made him go home with her. She did not think the men had had much liquor. Witness stated to Mr Carden that after her husband had struck Alley the disturbance ended, but the men talked, on tiie road until after 1.30 a.m.

Mrs Eriana Alley said that she lived near the hotel at Hikutaia, and detailed the happenings on the night in question. At the time Brown struck her son there was no noise. Brown had passed the remark to her earlier in the evening that he would stop the row. To Mr Carden witness said that she had seen Brown after her Kon was struck with a stick in his hand. Cross-examined.- by Mr Clendon, witness stated that she did not actually see Brown strike her son.

Ethel Violet Merrick, cook at the hotel, said that shei saw some bottles broken by the gang on the night in question. She resided on the hotel premises, her room overlooking the road. She could positively tswear to Alloy and Mitchell as being among those creating the disturbance, On resuming after the luncheon

adjournment Mr Carden said that the facts in the main were not disputed, except that Alley and McCommach were not concerned in the creation of a disturbance. Mitchell had pleaded guilty, and admitted that he was the prime mover in the alleged disturbance, but Mr Carden maintained that the music was not of _a. disturbing nature. Sergeant Maclean contended that there Was no difference between any of them. Mr Carden asked that the ease be dismissed as trivial. Sergeant Maclean said the evidence showed that the behaviour was disorderly in the extreme. The Magistrate remarked that he did not wish to hear further evidence regarding the breach of the peace. He was prepared to consider the matter as a foolish prank. Mr Carden intimated that he was prepared to accept the decision of the Bench, but wished to call' further evidence on the charge of assault.

Mr Clendon objected, and on behalf o.f Brown stressed the point that the assault on Alley, had been committed under extreme provocation. Technically, his client had not done the right thing in striking Alley, but morally he had taken effective steps to quell the disturbance subsequent to his endeavour to have the row stopped in the billiard-rom. He thought that the case should be dismissed as trivial.

In summing up His Worship said that there was no doubt in his mind that Hikutaia had been the scene of disorderly behaviour on the night in question. In the- charges under his review a disturbance had taken place, and all degrees of blame were, resultant on the defendants. Such conduct would not be tolerated in the cities, and country folk were entitled to the same consideration and protection as residents of a town. On the evidence he would be inclined to view the disturbance as thoughtless and very foolish acts of rowdyism. McCommach, Alley, and Mitchell would be convicted and each fined £3. In addition McCommich would be ordered to pay costs amounting to £2 Is Bd, and the other two £1 Ils 8d each, in default 14 days’ imprisonment. He hoped it would be a lesson to offenders in the future, and they would realise that such conduct would not be tolerated. In regard to the atssault charge, His Worship said that he believed Brown had acted under provocation, and had done a very natural act under the circumstances. He would dismiss the-charge as a trivial one, and would allow the defendant costs.