FRACAS AT SPORTS MEETING.

Manawatu Herald, Volume XL, Issue 1819, 27 April 1918, Page 3

FRACAS AT SPORTS MEETING.

ALL ABOUT A GLASS OF BEER

SEQUEL IN MAGISTRATE'S

COURT,

CHARGES OF ASSAULT AND

LANGUAGE

An event at the Oroua Downs sports on the 27th ultimo, which, although it did not appeal' on the official programme, created considerable excitement at the time, was the basis of two charges each of assault and obscene language, heard at yesterday’s sitting of the Magistrate’s Court. From the evidence, it appears that the whole trouble arose through one person refusing to accept: another’s hospitality in the form of a glass of beer. The person who was dispensing the beer expressed his displeasure at the refusal of the other man to drink it in no uncertain manner, in fact, he referred to him in terms that cannot be found in Webster’s dictionary, which the person addressed natur rally took exception to. An argument ensued, and several others were drawn into it. For a time, according to one of the witnesses, “the air was blue’ with the language used,” some of the participants were looking for fight, and others received “cracks,” “swipes,” “clouts,” and other forms of blows which they did not look for. The matter was referred to the police, and as a result, yesterday Edward Charles Boyle and Bertram William Spelman were called upon to answer charges of assault and using obscene language in a public place, Boyle was charged with striking Arthur Sexton, and Spelman with assaulting Richard Sexton. The accused, for whom Mr Cooper appeared, pleaded not guilty.

Constable Woods conducted the prosecution, and called the folloAVing evidence: — Arthur Sexton, farmer, Himatangi, stated that he Avas in attendance uf the sports at Oroua DoAvns on March 27th. He hud just had a cup of tea at about 2 o’clock, and on coming out of the booth noticed that an argument Avas in progress nearby. He Avent to the scene of the excitement, and just as he arrived he .saw Boyle strike a man named Duncan Young, and then “make a Avipc” at another man named Waller, Tho other defendant, Spelman, at this stage struck witness’ I mot her, Richard. Boyle then “made a clout” at Avitness’ other brother, William, Avho had his back turned to Boyle. Witness put his arm out in order In ward the blow off his brother, and Boyle made use of obscene language and struck Avitness in the mouth. Witness stated that he gave Boyle no cause to strike him, and continued: “I was there only to see Avhat was going on, and this is Avhat I got for it.” Witness said that after lie received the Moav in thq mouth he caught hold of Boyle and held him until he had cooled down a bit, and then let him go. He did not hear Spelman use obscene language. To Mr Cooper: This Avas the first row he had had Avith Boyle. There Avere a number of ladies quite close at the time avlio could not help hearing the obscene language. Boyle spoke in a loud tone, which could bo heard half-Avay across the ground. Richard Sexton, farmer, Glen Oroua, stated that in company with his brother William and some others, he Avas sitting under the trees Avhen Duncan Young and Spelman came up. Young said: “Hoav would a shandy go?” and Avitness’s brother said, “ All right. ” They went over to a motor car, and his brother had a drink. Spelman offered Avitness a. glass of beer, but he refused it, Spelman then said he would pour it over Avitness, and referred to him in a very objectionable arid obscene manner. Witness replied: “If I’m one, you’re a bigger one.” Spelman said; “If yon are looking for fight, come over into the trees,” to which Avitness replied; “All right. I’m your Moses!” Spelman said he Avouid get a referee. When he returned the argument continued, but it Avas stopped by others interfering. Witness Avas Avalking aAvay AA’hen Spelman let out and hit him. Spelman also used very bird language. The AA’hole trouble Avas over a glass of beer.

To Mr Cooper: Witness was quite cool at the time, He told Spehpan it was no plq.ee for a row, but would have “cracked" him had the othej-s not prevented him. The blow which Spelman struck him staggered him, and he would have fallen had he not held on to another man. He did not see Boyle strike his brother, as it was jijst about the time he (witness) got the “crack." Duncan Shore Young, cheesefactory assistant, said that he invited Richard Sexton to have a drink, and handed the glass to Spelman to pass on to Sexton, hut he refused it, and Spelman then addressed him in an obscene and very objectionable manner. William Sexton told Spelman he ought to moderate his language. Richard Sexton said to Spelpian; “If I’m one, you’re a bigger one." Spelman then invited Richard .Sexton into the trees to have it out, asd upon Sexton accepting the challenge, asked him tc» wait while he got a referee. Spelman returned with Boyle, and when witness stepped between Spelman and Sexton, goyle struck him in the mouth. Witness heard go/Je fti?e very obscene language. William Sexton, lineman, Whale Line,'said he was sitting under the trees when 'Young and Spelman came up, and Young said: “How would a shandy go?" Witness was willing, ,and [they yyppt away to ge|t the refreshment, §pelsias ottered pkiuvrd Sestojj a drink, hut he re?

fused it, whereupon Spelman used the language complained of. There were women and children about, and wilmss remonstrated with Spelman about his language. The argument resulted in a tight lining arranged and Spelman went away for a referee. When he returned the argument was renewed, and when Richard Sexton had his head turned the other way, Spelman “swung a. ‘beaut’ on to him;” Boyle “made a lick” at witness, hut was stopped by Arthur Sexton. The air was blue with the language that was being used, Spelman and Boyle going strong. Boyle was offering to tight the whole crowd.

To Mr Cooper: Neither witness or his brothers were looking for fight. Witness considered himself very lucky he didn’t get a “crack” at all. Neither Spelman or Boyle were drunk —they were just fit for anything —had had enough to put a hit of dash into them.

Constable O’Donoglme stated that at the Oroua Downs sports ou March 27th, at about 2 o’clock, Arthur Sexton complained that he had been assaulted by Boyle. Witness went to interview Boyle, and found him in a very excited condition. He was talking fight, and talked fight to witness when he went up to him. Boyle’s father was there at the time, and said to .witness: “You’ve got a fine push along side you now,” meaning the Sextons. Witness told him to mind his own business, and he then took his son away, ness ,and then took his son away. Spelman said: “O’Donoghne thinks he’s smart, anyway.” When Avitness served Spelman with the summons, he said: “I suppose this will cost a man a couple of pounds.” He also signified his intention of pleading guilty. When he served Boyle, he also said he would plead guilty, stating that he Avas drunk at the time, and didn’t remember anything about it. This concluded the case for the prosecution. Mr Cooper submitted that the grounds in Avhich the sports Avero held Avas not a public place Avithin the meaning of the Act, and the charges of obscene language must therefore fail. For the defence he called the defendant, Edward Charles Boyle, Avhn stated (hat he was a bench-loader, at present residing at the ManaAvatn Heads. lie said the first he kneAv of the trouble was Avhen Spelman came up to him, Avhen he Avas talking to (lie (wo O’Oradys, and staled that he had had an argument Avith Richard Sexton. He said that he told Sexton he Avonld go and gel Avitness lo referee the fight, Avhen William Sexton chipped in and said he Avonld fight the referee. In consequence of this, Avitness Avent up to William Sexton and asked him if he Avas looking for him (Avitness). He told Sexton he a\ t us not looking for fight, but if Sexton Avas he was prepared to see avlio was (he best man. Witness turned aAvay and sa w Spelman and Richard Sexton arguing the point. It Avas only a question Avho Avonld get the first blow in, and eventually Spelman did. At this stage Duncan Young got hold of Avitness, and he pushed him off, and in doing so the back of his hand struck his face. Arthur Sexton then grabbed hold of AA’itness, and as he Avouldn’t let go, Avitness knocked him off. A little later Arthur Sexton came back Avith Constable O’Donoghue. He Avas in plain clothes, and Avitness did not recognise hiiq at first, and thinking that Sexton had brought a man jo thrash him (witness), said: “What the Mazes do you Avant me for?” Witness denied using had language at any time during the afternoon, and said I hat ho did not hit anyone until he Avas attacked, To Constable Woods; He had one glass of ale before leaving Fox ton in the morning, and had two nips of Avhisky on arrival at (he ground. Spelman had some Avhisky in a bottle. He went up to William Sexton to inquire if he was looking for fight, as Spelman told him that Sexton said he would tight (lie referee. There had always boon toavs between the Sextons and (he Boyles. Witness said he used no bad language ou I lie ground, ami heard no sAvearing at all. Ho had been convicted nnee for assault about six or seven years ago. He Avas full of beer op (lint occasion, and bfld pleaded guilty and pip’d (he fipe. Bertram William Spelman, labourer, Oroua Doavus, said he Avanted Richard Sexton to have a drink, but he refused. Witness t spid “You’re a funny coon,” and passed the beer on to someone else. After a Avhile, Sexton got up and said, “If I’m a — l —, so are you.” Witness said: “You’re a bigger one.” William Sexton then said: “You ean fight me.” Witness said he Avas not going to fight, two, and would get a referee. When lie returned, Sexton Avas swinging his “dooks” gjpl saying “Let me at him.” A$ soon as. witness got an opportunity he hit Sexton. Boyle didn’t use any had language, To Copsfgble Woods; Riphpd Sexton wouldn’t take flip foggy, font witness didn’t SAvear at him. He struck Sexton, and that was the only part he had in the fight. He didn’t use any bad language. Taylor Holefiip, of AHuitb fifthl he kneAv all the parties copceyqedj He saAV a fight going on, and shav “Sexton holding this fellow here” (indicating Boyle). To Constable Woods; He didn’t hear any foafj language. He didn’t have af|y beer ? apd nevey saw guy beer. John O’Grady, labourer, Taiko r rea, said he was talking to Boyle Avhen Spelman same up and said one of the Sextons was going to “crapk” hup. Boyle said he Avouid go apross arjd §ee'whqf the (-Graphing” was about. Witness saw Sex-

ton got hold of Boyle. He never hoard-any had language used. To Constable Woods; A\itness only heard Boyle say “blast it. ’ Witness shav Boyle since, and advised him to go to the police and plead guilty and square things up. At that time, however, he didn’t knoAV there Avere charges of obscene language. Witness said to Constable Woods; “You don’t want to make it too rough for Boyle, as lie is a married man with three kids.” This concluded the evidence.

The Magistrate said in reference to Ihc point raised by Mr Cooper (hat he must: rule that the grounds in question constituted a public place Avithin the meaning of the Act on the day of the sports. On the evidence (here Avas no doubt in his mind that Boyle struck Arthur Sexton, and Spelman admitted that he struck Richard Sexton. There was evidently some feeling bef avccii the Boyles and the Sextons, hut from the evidence it Avas apparent Hint the Sextons did not look for (rouble on this occasion. The defendants, therefore, must he convicted. In reference to the charge of bad language, the Avitnesses Con the defehcc stated they did not bear any at all, but the Avitnesses for the prosecution not only heard the language, but Avere also able to tell (he Court Avhat it Avas. He had no doubt the language Avas used. Had he felt sure this disgusting language Avas heard by Avomen mid children, he Avouid send the offenders to prison, but as this class of offence wap not prevalent in this district he would deal leniently with them, and hoped that it would act as a warning. Each defendant Avouid be fined 20s and Avitness’ expenses 20s, on the assault charges, and each 20s Avith costs 7s on the charge of obscene language. The fines were immediately forthcoming.