ALLEGED ASSAULT

Manawatu Herald, Volume XLIII, Issue 2250, 12 March 1921, Page 3

ALLEGED ASSAULT

INFORMATION DISMISSED.

At the Magistrate's Court yesterday, Brian Everton (for whom Mr Daniell appeared) was charged on the information of J. N. Rider (Mr Bergin) that he did, on the night of February Ctlwth", unlawfully assault and beat John Neil Rider by striking him on the head and by grasping him by the neck. Defendant pleaded not guilty. Mr Bergin briefly outlined the case, which he said was the aftermath of domestic troubles, whfecli resulted in the complainant leaving his home some few weeks ago. Since then he had at various times gone down to the house to .see how it was being conducted, and it was during one of these visits that tho assault took place. The accused was on the property, and complainant ordered him off, and when lie turned to go to the back of the house accused assaulted him. Mr Bergin then called the complainant, John Neil Rider, who stated that on January 17th Ith left his home and took up lodgings in the town. On several nights he went to the house to see how it was being conducted. On the night of February 6th lie went to the house, arriving there about 10.30 o'clock. Two of the rooms were lighted up, and he heard music and voices, which lie recognised. He stood on the verandah for about an hour, when the defendant Everton and Miss Rough came out and went down the path and out on to the lawn. They turned round and saw witness, and returned to the house. A few minutes later Everton came out alone, and asked witness what he was doing there. Witness told him to mind his own business, and turned round and went towards the back of the house. Whilst lie was walking away, Everton came up behind and struck him oji I lie back of the head, knocking him down, and got his knees on his chest, and continued hitting him. Mrs Rider came out of the house and said: “I won’t let you hurt Jack,” and pulled Everton off him. Witness said he was half strangled at the time, and he went .into the kitchen and sat on a chair. Everton followed him in, and Miss Rough said to Everton, “You promised you wouldn't fight. A\ itness said Everton then threatened to do for him, and he got hold of a plate to protect himself. Everton and Miss Rough then disappe-

ared, and he did not see them again. He didn’t threaten Everton. It was ten past twelve when he was in l lie kitchen. He was there about live minutes. Next day he was too ill to go to work. To Mr Daniell: He went down to the house to see if it was being conducted properly. Since be laid left home lie allowed Mrs Rider £2 per week, and paid (he rent of the house, 16s. He ordered Everton off the property, and in doing so called him some fancy mimes. He laid no reputation as a fighter. He had never taken bis coat off and threatened to hit anyone. He bad ordered Graham off the property. Mr Daniell: Graham is frightened of you, i>n’t lie

Witness: A big coon like him .shouldn’t be frightened of a little fellow like me.

Herman Thorn Graham said that mi the night of February Oth he was jit Mrs Rider's house. Mas not there when the scuffle was on. Ho heard of it the same night about 11 o'clock. Tie went into ths kitchen after Kider had gone. Everton and Miss Rough left the house about .10.40 p.m., and witness was just goitig out of the back door when they returned, and Miss Rough said there was a man on the verandah. "Witness then returned to the house, and went into the passage with Miss Rough and another lady. To Mr Dauiell: Rider has a preti v solid temper. Tie threatened witness on one occasion, and took his ,',at off and said he would fight him. Rider told witness on several occasions that he was a boxer. Mrs Rider stated that on the night of February <>th she had one two friends at the house. She vaw Rider that night walking along’ I lie path towards Everton. She could hear oaths and* threats, and what sounded like a fight. She ran cut the door and fell over the dog. She got up and went to where the ...utile was taking place, calling out ‘Don’t hurt him, Jack.’’ The suflle then stopped. When Everton jind Miss Rough came hack into the lioime and said'there was a man on l lie verandah Everton said he would co out and sec who it was. " To Mr Danicll: Of late Mr Rider lias had a v .violent temper.

Nean Rough said she remembered leaving the house with Everton tm the night in question. When they reached the gate witness said she told Everton she felt nervous, and Everton said he would go hack to the house with her, which he dul. They then saw a man on the verandah! and witness told Everton she though it was Rider, but he did not think so. They returned to the house, ami Everton then went out to see who it was on the verandah, first promising witness that he would not fight. The next she heard, was Everton and Rider coming into the kitchen. Rider was excited, and was talking all the time when he came in. Rider was not knocked about, and his clothes were not dirty. ' . To Mr Danicll: Ruler had said that lie did not care for Everton. When they came into the kitchen Everton had a bleeding neck, and his collar was torn. For the defence Mr Daniell called the defendant, Brian Everton, who stated that he was a fanner, residing at the Otauru Soldiers’ Settlepiegt. Hu spent the evening of Feh-

ftifiry 6th at Mrs Rider's. He had arranged with * Graham to get a motor bike from him to go home on. Graham brought the motor bike round just after 10 o'clock. They were just about to have supper, and Graham was invited to partake of same. Just nftetr 11 o’clock lie got up to go, and Miss Rough accompanied him to the gate. When they got there she said she was frightened, and witness returned to the house with her. They then saw a man on the verandah. Miss Rough was quite hysterical, and witness said he would go out and see who the man was. Miss Rough made him promise lie wouldn’t tight. He went out and said to Rider, “What the are you doing here, frightening women*” He did not answer, but made a dive at. witness, and caught him by the neck. "Witness pushed him off. He came again, and they both fell and started wrestling. Mrs Rider came running out and said, “Let him up, Jack.” Rider was cursing and swearing all the time. They afterwards returned to the house. As the women were nervous, they asked him to stay the night, which lie did. Next day lie told them that be intended to lay an information against Rider for assault, but in deference to tho wishes of others did not go on with it.

The Magistrate dismissed the information, with £2 2s 0d costs against plaintiff.