ALLEGED ASSAULT.

Manawatu Herald, Volume XLV, Issue 2570, 21 April 1923, Page 3

ALLEGED ASSAULT.

TAXI DRIVERS AT VARIANCE.

At the local Police Court vesterMessrs Robertson and iJornblow, • J.’sP., Samuel Davey proceeded against Peter Robinson on a charge of'assault- on 31st. of March.': JJefendemt was charged with striking Davey on the face with his clenched fist. - Mr Bergin appeared for the complainant and Mr P. Hollings appeared for the defendant who pleaded not guilty. Mr Bergin, in opening the case, said the trouble started on the evening of Saturday, 31st March. Defendant asked complainant to purchase tickets in some shop day effort and upon refusal beinpr given made use of insulting remarks. Some time later the same evening complainant was the victim of an unprovoked assault by defendant, who lodged a complaint with the police.

Samuel Davey, in evidence, stated that he was a taxi driver. Robinson niet him on the street on the night in question an'd asked him to buy a ticket which he declined. Robinson made a personal and uncomplimentary remark. His car was at the railway station beside Robinson’s. On the way to the station at 0.30 p.m. he spoke to Williams and informed him that he rvas going to put up the side curtains of his car as it was raining. As he was fixing up his car Robinon appeared and asked what was wrong with him (complainant). He accused complainant of roaring at him and grabbed him by the arm and said: “We are now by ourselves; it is now you and I for if.” Robinson then struck him a severe blow in the mouth saying “take that, you and your 1/- taxi.” As complainant turned round Robinson struck him again. On his way to the police station he called at the iaxi stand. ''

To Mr Bergin: The time was a few minutes to 7 o’clock. They were under the lamp at the station and Robinson could easily be seen. Robinson had previously threatened him when he took out a license. He never made any complaint to the police or Council. He gave no justification to Robinson for such assault. As the result of the blow, two of his false teeth were broken and-his lip lacerated. By Mr Hollings: Robinson complained to the Council that he was driving without a license. There was no one else in sight at the station when he was assaulted. No one accompanied Robinson when lie committed the assault. Did not know he could make a complaint to

stationmaster on previous occasion of defendant’s conduct. He bethe police interviewed Robinson after he made the complaint. He took out his license some time in February. Prior to that lie was on friendly terms with Robinson. F. A. Williams, taxi proprietor, stated that be met Davey on the evening of the night in question at the taxi stand. Robinson followed Davey in the direct ion-of the station. Witness spoke to Robinson. That would be about five minutes after Davey left. He did not notice anyone else going towards the station at the time but later saw Thomson and someone eles going in that direction. Davey left him at about G. 30 or 6.40 p.m. He was not long at the station before be returned, possibly it would be eight or ten minutes. Constable Owen said that on the evening in question at about 7 o’clock, Davey called at the police station. There was blood on bis face' and a cut on bis lip. Davey was perfectly sober. He complained that be bad been assaulted by Robinson. About half-nu-hour afterwards Robinson spoke to witness at the railway station. He mentioned that Davey bad laid a complaint. Defendant emphatically denied having assaulted Davey and stated that he bad gone to the station with two other men. He presented bis hand for inspection, also bis boot. Davey laid an information against defendant. He interviewed Thomson, who said he was with Robinson on the niglit in question at the station and did not see Davey there. Peter Robinson, defendant, said lie rad no grudge, nor had he any ill feeling towards complainant. They had helped each other. Davey may have met with an accident but it was not of his doing. Two men accompanied him to the station on the night in question and if anything had happened there they would have seen it. He went to-the station about 7 o’clock and spoke to Williams on the way. He met Thomson and one, of the railway staff near Woodroofe’s while going to the station.. He did not call Davey a “scab’’, but called out: “Scabs here!” as he could not pronounce “cabs” very well. Denied that he met Thompson and the other official after the alleged assault had taken place. The constable examined both his hands. Gave Constable Owen the names of the men who accompanied him to the station. John Thomson, wood and coal merchant, said he met defendant at Woodroofe’s corner on the night in question. Mr Simpson was also present. Did not notice anyone in Mr Davey’s car nor did he see Mr Davey at the station. He saw Mr Davey standing in the street at about 12 minutes to 7. Arrived at the station at about 7 minutes to 7. Robinson did not mention anything tto him about the alleged assanlt. John Simpson,- railway guard, did not know either parties personally. On the night in question he was on his way to the station at about five to 7 and accompanied the foi’mer witnesses for a few. yards. Heard no bad language nor did he see anyone else about. Caught up to

Robinson hut did not know from what direction lie came. After counsel for both parties had reviewed the case the Bench stated that there was no doubt Davey had met with the injuries hut owing to the lack of corroborative evidence in regard to the assault defendant would he given the benefit of the doubt and the ease would he dismissed. Counsel for defendant asked for costs which were not allowed.