ASSAULT ON A PUBLICAN.

Manawatu Herald, Volume XLV, Issue 2556, 17 March 1923, Page 3

ASSAULT ON A PUBLICAN.

for. refusal to break the LAW.

At the local S.M. Court yesterday afternoon, before Mr J. L. Stout, S.M., Edward Boyle was charged (1) with assaulting H. D./Mclver, lieensee : of the Manawntu Hotel, (2) failing to-quit licensed premises when called upon and (3) with usobscene language. Mi'. P. Hollings appeared for Mr Mclver, and constable Owen conducted the case for the police.

Accused, for whom Mr Bergin appeared, pleaded not guilty and elected to be tried summarily on the obscene language charge. H. D. Mclver-was charged by Edward Boyle with assault. Mr Hollings asked that all the cases be taken together. Constable Owen stated that between 6 and 6.30 p.m. on the 12th inst., the licensee was inside the bar of his hotel in company with his two brothers-in-law, his little daughter and the female cook. The bottom door attached to the slide of the bar was slightly open. Boyle came into the hotel and asked for two bottles of beer and was ordered out. He refused to go out and the licensee in attempting to push accused out was set upon by Boyle and a rough and tumble ensued, during which and preceding the melee Boyle was alleged to have used obscene language and challenged the licensee to fight and the police were communicated’ with. Herbert Dixon Mclver, licensee of the Manawatu Hotel, said on the evening in question at about 6.30 o’clock, accused came info the hotel and asked/for two bottles of beer and made an obscene reference to those within the bar. Upon being refused and told to leave the premises, he threatened to clean witness up. Upon being pushed back accused struck witness-on the nose and got him down on the floor of the bar and continued to strike him while down. Accused was subsequently pulled off by the cook and a boarder. Accused then challenged witness* to fight and when witness went to communicate - with the police accused again used obscene language. Any one on the street could have easily heard the language used by accused. .To Mr Hollings: Boyle forced his way into the bar. Boyle refused to go out. when requested to do so. Did-nothing to provoke Boyie. Boyle’s disgusting language was spoken loudly. To Mr Bergin: Did not attempt to get the beer for Boyle. Got Boyle by the shoulders and pushed him back. Did not threaten to-'throw Boyle out. . Nothing was said to 'provoke Boyle. Struck at Boyle when Boyle attempted to close with him. Had no previous trouble with Boyle. Boyle was not. sober and did not hear him apologise to the

lfldiGS# To Constable Owen: If lie had served liquor to Boyle there would have not been any trouble. Miss Johns, cook at the Mannwatu Hotel, corroborated the previous witness’ evidence. Boyle pushed the slide open. When Molver attempted to push Boyle the latter struck him and in the rough and tumble Boyle was on top of Mclver and kept striking him. Witness assisted to pull Boyle off Mclver. To Mr Hollings: The refusal to' serve Boyle with liquor started the trouble. To Mr Bergin: W(as in the bar at 6.10 p.m. The melee started in the bar and finished in the passage. Mclver did not push Boyle as if to strike him. William Retter, a boarder at the hotel, said he was having, tea when the row started. Went out and saw Boyle OSI top of Mclver. Told Boyle to knock off and assisted to pull him away from Mclver. Heard Boyle use obscene language, which could be heard from the street. Mclver was perfectly sober. Constable Owen gave evidence as to the proximity of the bar and passage to the street. On proceeding to the hotel on the night in question he passed Boyle and another, man coming from the direction of the hotel. There was nothing unusual in Boyle’s appearance and he made no complaint. Mclver’s nose was bleeding from a wound. To Mr Holling®: Mclver conducted his house satisfactorily. To Mr Bergin: Did not notice any blood on Boyle’s face or anything unusual about lvis clothes when be passed him. Edward Boyle, labourer, Maivavvatu Heads, -in evidence said on the evening in question, just on 6 o’clock, he called at the hotel for two bottles of beer and to pay a few bob to Mclver. Mclver was handing him out the beer and accused made a remark about “being a thirsty lot of when a lady’s voice from within the bar said “cut that out.” Had no idea there was a woman in the bar and he apologised for the language used when Mclver struck him on the mouth. In dodging the blow he fell forward into the bar. Mclver rushed at him making swings in.- all directions. Could not use his hands so closed with Mclver and held him. When Mclver came to his senses he asked what it was all about. Mclver was trying to scratch bis (Boyle’s) face when held. Could not hold Mclver down and hit him at the same time. / The S.M. : That would have been quite easy. You have done it before in similar circumstances. Boylb, continuing, said Mclver made a lurch to get on top of him and was 1 kicking and appeared, to have gone mad. The S.M.: I should think he had if I were inclftted to believe your story.

Boyle then gave further details of Melver’s vicious attacks and language. Mclver was the aggressor. May have used some bad language but not that complained of.

To Constable Owen: Mclver did not order him out of the hotel.

To MV Hollings: Had been previously convicted for assaults. Knew it was illegal to enter licensed promises after 6 p.m. The beer was not for himself. Was not the sort of man to complain to the police. Denied using the language complained of but might have used other words. Had indulged in several drinks at another hotel shortly before going to Mclver’s. Boyle addressing the Magistrate asked for a chance as he had learnt his lesson.

Mr Bergin said Boyle’s troubles had been attributible to drink and asked for leniency, for family reasons.

The Magistrate dismissed the charge against Mclver. He would give Boyle the benefit of the doubt in connection with the obscene language charge and dismiss it. On the charge of assault he would be convicted and fined £7 and costs £3 13s, in default one month’s imprisonment and for refusing to leave licensed premises he would be convicted and fined £1 and costs 7/-. Boyle would be given a chance on this occasion by a fine instead of gaol. One month was allowed in which to pay the fines.