SMACKED HIS FACE

Sun (Auckland), Volume IV, Issue 978, 22 May 1930, Page 12

SMACKED HIS FACE

GIRL ANNOYED BY YOUNG MAN’S CONDUCT OFFENCE IN TRAM-CAR Objectionable conduct toward a girl in a tramcar on April 17 earned for Frederick Richardson a -well-smacked face. He was further punisheef by Mr. F. K. Hunt. S.M.. at the Police Court this morning, when he was fined £5 for assault. A charge of indecent assault was withdrawn and Mr. Munro, who appeared for defendant, entered a plea of not guilty on the substituted charge of common assault. The girl, a clerk in a city office, said she had been travelling on a Balmoral tram about 5.30 p.m. on April 17. When she boax'ded the tram at the foot of Queen Street she occupied a double seat. Several stops later a young man had sat beside her, but she took no notice as she was reading a book. The man, who was Richardson, had then behaved in an objectionable manner toward witness. “I thought I must be imagining it, but he repeated his action so I smacked his face,” witness said. The conductor had then arrived. Defendant apologised and attempted to leave the car, but the conductor had detained him. At the top of Symonds Street a constable had been called. Defendant had again apologised and witness refused to accompany the constable to the Police Station, saying she would take no further interest m the case.

Gavin Shearer, a tram cond lector, said he had seen the girl smack Richardson’s face. Witness went up to see what the trouble was and the girl told him of defendant’s conduct. Witness prevented the young man from leaving the tram at East Street and called a constable at the next stop. Constable Gaines recalled that, defendant h3d not denied the offence. 1-Ie had said, however, that he could not remember acting as the girl said, and apologised for any unintentional annoyance he had caused her. Mr. Munro urged that his client's action had been misinterpreted. The Magistrate: Yes, but the action was misinterpreted twice. Counsel urged the seriousness of the charge to a young man with an unblemished record. Richardson had been scratching his leg, Mr. Munro explained: He was gazing out of the window in search of an Ellerslie bus, and if he had acted as the girl stated, it was purely unintentional. Richardson, put in the box by counsel, described himself as a salesman, aged 29. He was a single man, but supported his mother and sisters. Defendant corroborated his counsel’s statement. Asked what he did when the girl smacked his face, he replied that he probably yelled. ‘‘l made a noise, anyway,” he said. "I denied the offence, but was agitated, as everyone in the tram was looking at me, so I tried to leave the car.” “I believe the girl’s story.” decided the magistrate, imposing the fine of £5, in default 14 days’ imprisonment. Defendant was also ordered m pay witnesses’ expenses, £&• a ._