COMMON ASSAULT.

Manawatu Herald, Volume XLIV, Issue 2507, 18 November 1922, Page 2

COMMON ASSAULT.

At the local police court yesterday, before Alessrs Hornblow and Perreatt, J.’sP., the police John and Denis McCauley with saulting John Burr on the evening of October 28th. Air Bergin appeared for the accused and entered a plea of guilty on helialf of J. McCauley and not guilty on behalf of D. McCauley. Constable Owen conducted the case on behalf of the police and stated that on the evening in question Burr went into a local Chinese shop to purchase some tobacco. Defendants were in the shop, at another counter. John AlcCauley rushed at Burr and -truck him and knocked his pipe out of his mouth. D. AlcGriulev took a hand and took off his coat and struck complainant on the face.

John V. Burr, complainant, in evidence said he went into the shop -hortly before 8 p.m. on the date in question to purchase some tobacco. Saw the two accused in Hu* shop. John McCauley rushed up to complainant and struck him. He attempted to ward off’ the blows. Deni- AlcCauley pulled his brother away and said if any fighting was to be done lie would do it and during the scuffle D. AlcCauley struck him from behind a blow on the face. Complainant walked otvt of the followed by McCauley and he then, walked away. He gave no provocation to the accused. Complainant was a witness in a ease against the accused at the previous S.AI. Court, sitting. As a result of the blow .-light marks were left on complainant’s face.

To Mr Bergin: John AlcCauley -truck him before Denis rushed in. He saw the latter take off his coat.

Lai to Kwun. Chinese storekeeper. in evidence said the accused were in his shop when Bun- entered. He saw J. McCauley strike Burr. There were several people in the shop at the time. H did not notice I). Ab-Cauley assault Burr. J. A. Hofmann said lie entered the -hop on the night in question to purchase matches. He followed Burr in and saw the accused there. Saw J. McCauley strike Burr and D. AlcCauley pull his brother away and heard the latter say he would do the fighting. To Air Bergin: Couldn’t say whether D. AlcCauley struck Burr from behind as things were a bit mixed.

Robert Taylor said be was in the shop and saw J. AlcCauley strike Burr, ne left, the premises when hostilities commenced. Denis McCauley said he was iu the shop in company with his brother on the night in question, when Burr came in. His brother strucks—»• Burr and he took off his overcoat before endeavouring to separate them. He did not strike Bun- and if he was struck by him it was during his endeavours to separate them. He did not threaten Burr hut told his brother to knock off and if any fighting- was to lie done he would do it. There was no hot words used hut a general mix up. lie had no feeling against Bnrr and -poke to him subsequently and urged that the case he not gone on with. Burr said he would continue the case as a matter of principle.

Mr Bergin said J. McCauley had felt aggrieved as the result of a recent prosecution in which Burr had appeared a- a witness. He had let hi- feelings get the better of him on the occasion and his brother had acted in the capacity of peacemaker. In the previous action the McCauleys had -utiered as a result of notoriety in the ease and he a-ked in the circumstances that leniency he extended to J. McCauley.

The Bench dismissed the ease against D. AlcCauley and convicted J. McCauley and lined him £1 and costs £2 15s.