MAGISTRATE’S COURT.

Manawatu Standard, Volume LVIII, Issue 44, 20 January 1938, Page 2

MAGISTRATE’S COURT.

CASE AT WELLINGTON

Per Press Association

WELLINGTON, Jan. 19. Two brothers, James Patrick Shivnan, a blacksmith, aged 46, and Cyril Vincent Shivnan, a mechanic, aged 32, appeared before Mr J. G. L. Hewitt, S.M., in the Magistrate’s Court, Wellington, to-day on a charge of assaulting John William Wellington so as to cause him actual bodily harm. The charge against Cyril Vincent Shivnan was dismissed. The other accused, who pleaded not guilty, was committed to the Supreme Court for trial.

Detective-Sergeant P. Doyle, outlining the case, said on the night of December 20 a man named Kenneth Rowell was entertaining friends at his house in Thorndon Quay. On going outside he saw the two accused standing in the backyard near the gate. James Patrick Shivnan. who was under the influence of liquor, was alleged to have remarked to Rowell: “I am going to get you and your wife.” Cyril Shivnan was sober. Rowell went into the house and warned the occupants that there was trouble. He then left for the police station. Evidence would be given that in the interval the two accused allegedly “barged” their way into the house and attacked Wellington, who was a complete stranger to them. Detective-Sergeant Doyle said the two accused demanded that Rowell and his family should leave the house, which was owned by Mrs Shivnan. The rent was always paid to Mrs Shivnan, and it was no business of tho two accused. It was alleged that they punched Wellington and knocked him down, and that after he had regained his feet and was about to leave James Shivnan picked up a full bottle of beer and struck him on the head with it. Wellington was rendered unconscious. He was picked up in the. street and taken to the hospital. “This man was a complete stranger to the Shivnans and was attacked without any provocation whatever,” added Detective-Sergeant Doyle.

Ten witnesses were called for the prosecution.