ALLEGED ASSAULT.

Hauraki Plains Gazette, Volume XXXX, Issue 5377, 21 January 1929, Page 2

ALLEGED ASSAULT.

IVAN SOKOLIC CHARGED.

REMANDED TO SUPREME COURT.

At the Paeroa Police court on Friday, before Messrs W- Marshall and. G. P. Lamb, J’s.P., the adjourned hearing of the case of assault f° r which Ivan Sokolic, a Croatian, was arrested on November 26, was reopened.

The accused was represented by Mr H. G. Brodie, representing -R. A. Singer, of. Auckland, and Sergeant Cahvell, of Waihi, prosecuted On. behalf of the police.

The first witness was Joseph Brenan, who had been grievously assaulted. In giving his account of the affair Mr Brenan said) that he was proceeding home along the track at the back of the domain about 5.20 p.m. on November 26 and saw a man coming towards him. The man. had a pair of spurs in his hand, and! when he was about to pass the man struck, him several timeg and he went dbwn on the ground. Each time he attempted to rise he was knocked down again. Knowing that Mr, Spinks lived in the vicinity, he called but “Are you. there Harry ?” He then crawled through two fences, and Sokolic, who was his. assailant, then jumped on to him. He said, “Do you want to kill me ?” and accused replied: “Don’t sing out or I’ll do for you.” Witness said he then became unconscious. The next thing he knew was that Mr Spinks had hold of him. Witness said that he had. never had any business transaction or anything to do with accused. He had been laid up ever since the assault, and did not know why he had been set upop. Grace Milroy, an employee in the office of the N.Z. Dairy Co., and who lives in King Street, said) that on Monlay November 26, at 5.30 1 , She was riding a bicycle home along the track by the domain. She saw a man in the domain, but could! not identify him. When he got up close she recognised him as Mr Brenan. His face was cut « and he was staggering. She did! not go to his assistance as there were sev- , eral men coming. The man who was walking away had what she thought was a pair, of spurs in his hand. Dr. Little said that he was called to Mr Brenan’s home at about 5.30 on November 26, and found Mr. Brenan ‘ suffering from certain injuries and severe shock. His face and hands were covered with blood, and his clothes were well blood stained. He had marks and extensive bruises on the head) and face, and! both eyes were closed. He was practically Unrecognisable. He had a wound an inch, and ahalf long under the left eye and a ragged wound orrthe base of the nose and a wound on the other, comer of the left .eye. Injury to the left side of the chest, dislocation of the right little finger, and body bruises were also sustained- Witness said he considered that it wbiuld be some months before Mr Brenan would be fit again. The injuries to the face could' have been caused by a fist, but they were more likely due to the use of an instrument. They certainly could not have been done by a fall. Harold) Callagher, aged ten years, said he was going home when he saw. a man hitting Mr Brenan. The men were on the truck in the domain, and the man doing the .striking had spurs in his hand. Neither man spoke. He did not recognise the man in the c ourt. He saw Mr Spinks taking Mr Brenaji home later. Wiljiam Donolly, aged 12 years, s ai<i that the track in the domain ran at the back of their yard. He was inside the house and heard somebody call out “don’t kill me.” He went out to the back gate and saw a man in the paddock. He had two spurs in his right hand. Witness identified accused as the man, who walked across the domain towarfis the Presbyterian Church.

Richard Spinks, a motor lorry ariver' living in Corbett Street, said that on the day in question he was at home.The back of their house faced the path. A hedge intervened; and anyone on the path could only be seen by them when passing the gate. Oh fnearing somebody groaning he went to the back gate and saw accused standing there. Accused was’carrying a pair of spurs. He could hear someone on the ground but could not see who it ; was. He had heard someone call out- “ You are killing me,” or something’ like it. He called his father, and'!' after accused had walked away he' saw Mr Brenan.

Cyril Williams said that on his way home by way of. King Street he stopped talking with Joe Spinks. Accused, whom he identified, passed and went into the domain. Witness said he then went home, and about five minutes later saw Mr. Brenan going home. Mr Brenan was all right then, and had no companion. He did not think accused had anything in his hand when he saw him. Joseph Spinks said he was talking. in King Street with the previous witness on the day in question, and while there Sokolic passed them and went into the domain. Shortly after he had arrived home he heard a noise and; came out to the gate. He saw accused leaning up against the fence. He told ’ his father, and they all came out and.' ; saw Mr Brenan staggering about. Hefound Mr Brenan’s teeth about a chain and a-half away from where he sawi Mr Brenan The grass had all been knocked: down. When he first saw Mr Brenan he was calling out “Harry! Harry 1”

Harry Spinks, horse trainer, corroborated the evidence of the previous witness and said that he had assisted! Mr Brenan, who was cut about the face and sras unrecognisable. Constable McClinchy gave evidence as to arresting accused. When asked why he had assaulted Mr Brenan accused said that Mr Brenan had laughed at him. This concluded the evidence for the prosecution. Mr Brodie, on behalf of accused,pleaded not guilty, and accused was ordered to stand his trial at the next sitting of the Supreme Court at Auckland, on February 5.

Bail was allowed in two sureties ttf £2OO each, the accused to report regularly to the local police.