A PUGILISTIC ENCOUNTER.

Manawatu Herald, Volume XLV, Issue 2660, 17 November 1923, Page 3

A PUGILISTIC ENCOUNTER.

A FTGHT FOR £l. ' THE COURT SEQUEL. the Magistrate’s Court yesterday, before Mr J. L. Stout~ S.M., . Healey- and Timothy Sullivan were charged by the police with using threatening behaviour on Saturday last on a section adjoining Hall St. Mr. Hollings appeared for defendant' Healey, who pleaded not guilty, and Sullivan did not put v in an appearance. Constable Owen outlined the case and called William Neville water works foreman, who gave evidence - "'as to witnessing the light and the .Jobation -of the encounter. 1 Constable Ryan said that in consequence of a complaint, he, in company with Constable Owen, visited the vacant section adjoining Hall St. and there saw Sullivan being assisted off jtlie section by two men and Healey lying on the ground. When asked what he was doing there Healey replied that he “was looking for his false teeth which he- had placed on the ground before the fight.” The section was in full view of passers-by in Hall St., being fenced only with a wire fenceThere were signs of the combat, the grass being trampled down and blood on Healey’s shirt. Healey looked very fatigued. There were a number of people about. Constable Owen gave corroborative evidence and said when he asked Healey what had happened he had replied that “lie had had a go with Sullivan for £l.” Both men were under the influence of liquor but neither man was drunk. William Healey gave evidence that on the day in question he had visited Whyte’s Hotel in the company of two men, Morgan and Sam Robertson. They were quietly hav- *■ ing a “spot” when Sullivan walked into the bar looking for a fight. He said to witness: “How would you like a pop at me, Healey?” Witnessreplied that they had nothing to fight over and thereupon Sullivan smacked witness across the month and called him a coward. This was repeated about four times. Sullivan said he would fight witness for £lO, to which witness replied that lie hadn’t got £5, he only had 10/to his name. Sullivan said he would fight witness for the 10/- and in the end, being unable to stand Sullivan’s insults any longer, witness said he would fight him for £l. Sullivan wanted to fight, it out- there and then, but they went out do the vacant section at the side of the Moutoa buildings. There they fought and witness was finally declared the victor. 'Con'stabic Owen: Didn’t you go ' the hotel with Sullivan? Witness: No. . ... Constable Owen: Do you remember waiting for Sullivan outside the Chinaman’s shop on the afternoon in qustion, before the fight, while Constable,Ryan spoke to Sullivan? You both went to the hotel together. Witness replied that Sullivan left him before they entered the hotel. He did nothing to provoke a fight. He was. considered one of the most * peaceful men in Foxton in drink. / Sullivan was., always a bully. He could not give any instance of Sullivan “smacking anyone up” previously. Alexander Morgan gave evidence on similar lines to Healey. Mr Hollngs submitted that Healey . had only acted in self-defence. He was not the aggressor. He then quoted the section of the Act under which the charge was laid which stated that the offence had to be committed in a public place. This fight had not occurred in a public - place althought it -was in sight of passers-by in a public place. This did not effect the case. The S,M. said that the point raised by Mr Hollings was a good one. The offence had to be committed in a public place. Accordingly he disinissed.both charges.