“Certainly Not Justified”

Sun (Auckland), Volume II, Issue 562, 15 January 1929, Page 11

“Certainly Not Justified”

Midnight Assault in Green Lane

Jockey May Lose Licence

IF there was any provocation, and I very much doubt it, the subsequent events were certainly not justified,” said Mr. W. R. McKean, S.M., when the details of an assault which took place after midnight of Boxing- Day were recalled at the Police Court this morning' and two young men were charged. As a result of the charge, one of the two accused, who is a well-known jockey, may lose his licence.

y£R. R. A. SINGER entered a plea of not guilty for Alfred Henry Driscoll, a jockey, aged 21, and Edward Leydon, aged 22, who were charged with assaulting Kenneth Rowland Welsh and Alan William Smithson on December 27. Mr. Smithson, a lawyer, of Christchurch, told the Court that he had visited Auckland for the tennis championships and had stayed at Nolan Road, Green Lane. On Boxing Night he and his friend Welsh, who was staying in the same house, had gone to the theatre with friends. They had been motored to Remuera, whence they had set out to walk home. It was about 12.45, when, near the racecourse gates in Green Lane, they noticed a motor-car drawn up in a side street. The persons in the car called out something, hut neither witness nor his companion took any notice and walked on. The car drew up alongside them, and two men jumped out, asking: “Do you know anything about a car?” “We answered that we did not,” continued Mr. Smithson, “and we were then asked why we did not come over when called. They then swore at us and a scuffle started. We ran, but were followed by the car, so we dived down a side street, only to find that it had no outlet. Scrambling through a barbedwire fence, our pursuers caught us again and I tore my overcoat pushing my way through to a paddock beyond. In the meantime one of the men struck me below the eye. We were chased across the paddocks, and I dived into a shrubbery. I lost Welsh until I heard his cries for help, and found him bleeding from a cut over his eye.” According to witness, he then woke up Mr. Hill, tho racecourse manager, who attended to his friend’s wound. In his opinion the men, whom he identified in Court, were fighting drunk. Mr. Welsh corroborated his com-

panion's story, giving fresh facts when he recalled the events that happened when he lost Mr. Smithson in the grounds of Mr. Hill’s house. “I was in the racecourse pathway struggling,” he said, ‘‘when I knocked over the taller of the two men. He retaliated, and I fell on a rock, cutting my head. My assailants then ran away. I think they were frightened by the blood that was coming from the wound on my head and the probability of Smithson’s return. Detective McWhirter read statements which he said had been given him by the accused on January 8 and 9. Both Driscoll and Leydon admitted the facts, but denied that they had had any drink. They also asserted that there had been considerable provocation, one of the assaulted men having replied with * most offensive expression when asked to assist them in starting their car. Mr. Singer made slighting reference to what he considered undue prominence given the assault by the Press. It was not really serious, he claimed, and the two men had certainly given provocation. The mistake made by Driscoll and Leydon lay in pursuing the men after the first encounter. Counsel reminded the Court that Driscoll would lose his licence if a conviction were entered. There was nothing known about either of the two young men, who had borne excellent records up till now. Mr. McKean said that, even had there been provocation, the actions of the two accused could not have been justified, and in his opinion it was very doubtful whether there had been any provocation. The magistrate preferred to believe the witnesses for the Crown. Mr. Singer suggested that the case be adjourned for several months and that Driscoll and Leydon pay suitable compensation to the assaulted men. An adjournment was made until Friday.