A COWARDLY ASSAULT.

Taranaki Daily News, Volume LVI, Issue 211, 6 March 1914, Page 7

A COWARDLY ASSAULT.

FlliE BRIGADE DEMONSTRATION. AND ITS SEQUEL. 'flic details of an assault by a young man on a man half liis size, deformed and with the sight of only one eye, were heard in the Magistrate'* Court. New Plymouth, yesterday, wncn George Charles Kibby, of Eitzroy, was charged with having assaulted Alfred Henry Armitage, of Fitzroy, by striking him ill the face with his fist. Mr. C. 11. Weston appeared for the complainant, and Mr. A. 11. Johnstone for Kibby. From an outline of the case by the complainant's solicitor, it appeared that Kibby, who is a member of the Fitzroy Fire Brigade, was a participant in the recent fire brigade demonstrations at Waitara, and in some af the events in which his team was concerned did not collie up to the mark. On Sunday, February 1, Kibby was in the Fitzroy Fire Station with several companions, who were ''chaffing" him about his shortcomings at Waitara when Armitage, who was passing, stopped at the station and joined in the laugh against Kibby. Kibby at once struck him in the face and used insulting language to him. George Alexander Colson, of Fitzroy, farmer, stated that on the Sunday in question he, with Kibby and others, was in the Fitzroy Fire Station. Armitage came out of his gate, on the other side of the road, with both his hands full, and stopped at the station 011 his way to the Rewa Rewa rifle range. Armitage then alluded laughingly to Kibby'a inefficiency at the Waitara demonstration. All those present had been joking with Kibby 011 the subject. Kibby lost his head and rushed at Armitage and hit him on the jaw. Up till the moment of Armitage's appearance the whole group had been quite friendly. Armitage asked for an apology, oll'cring. if that was given, to let the 111.liter drop. Kibby replied "The apology I'll give to you is that I hope next time I hit you I'll make an impression on your face." Witness then interfered. He had not done so before because he thought that an apology would be given. Armitage was still holding some tins and boxes in both hands. Ihe blow was a hard one, too hard for a man like Armitage.

■ To Mr. Johnstone: Before the occurrence he and several members of the brigade were "chaffing" Kibby and the suggestions were that he had not acted competently at Waitara. Mr. Johnstone: This would not b> pleasant to a keen fire brigade man? Witness: "Well, he wouldn't be much of a man if lie couldn't stand a joke. Armitage had 110 connection with the brigade. Arthur Nathan, of Fitzroy, storeman, told a similar story. According to him, Armitage sakl jokingly to Kibby, touching the Waitara demonstrations, ''George, they tell me you ought to have been thrown in the Waitara river." Kibby called Armitage "one-eyed" •m'l "hunch-backed." Kibby would have struck Armitage again if he had not been prevented. Frank Reginald Davy, of Fitzroy, corroborated tin: evidence of the previous witneses. When Kibby was asked for an apology, be said, "I apologise, but I hope next time I'll hit you harder." Henry C. Evans, of New Plymouth, boot importer, who cycled past the station on the day in question, deposed to having seen Kibby with his fist raised to Armitage. Subsequently Armitage came to the range, looking dazed and had a bruised and swollen jaw. There were marks of blood upon it. Witness had done a good deal, of boxing and would not like to have received a blow like that himself.

Erasmus Armitage, a brother of the complainant, corroborated the evidence as to his injuries. His brother had been delicate for some years, and on the night following the assault had been unable to sleep well, and was in a nervous condition. Medical men had warned him against excitement or shock. Alfred Armitage, complainant, was not examined by Mr. Weston. To Mr. Johnstone he acknowledged having used the words attributed to him by previous witnesses. 011 the Sunday afternoon Kibby called on him and witness ordered him off the premises, because he had no witness present. Under his instructions his solicitor had written to Kibby for an apology and payment of £1 Is costs. Kibbv had written in reply stating that he had already apologised. As a matter of fact. Kibby said to him, "I apologise to you, old chap, but next time I hope .1 will hit you a sight harder." This closed the case for the complainant. Mr. Johnstone called no evidence. Addresing the Magistrate, he said that Kibby had been irritated, and not without reason, by the aspersions cast 011 his ability as a fireman. Armitage had 110 connection with the brigade, and should not have interfered. There was 110 evidence to show that his infirmities were known to Kibby. When Kibby went to see Armitage in the afternoon, he was ordered off the premises. Me also submitted that it was entirely ■wrong for Armitage's solicitor to demand £1 Is as well as an apology. He asked that the case be dismissed as trivial. It should never have come before the Court. Mr. Crooke said he could not take such a lenient view of the case. Kibby might have been irritated, but that was 110 excuse for deliberately and without warning striking a cripple and a weakling. Evidence was given that he had struck hard, and had added insult to injury. lie could see 110 wrong in the demand for £1 Is costs, and nothing unreasonable in Armitage's action in ordering Kibby oil' the premises, be being in a weak and nervous state. He imposed a fine of £2 with costs £1 Is and witnesses' expenses £1 4s, which were reduced to 12s when two witnesses intimated that thev did not desire expenses.