ELTHAM ASSAULT CASE.

Taranaki Daily News, 30 May 1922, Page 6

ELTHAM ASSAULT CASE.

SELF-DEFENCE PLEA. ELDERLY MAN CONVICTED. (From Our Own Correspondent.) Eltham, May 29. Duncan McNab, an elderly man, who was remanded at the Eltham Court recently on a charge of assaulting Stephen Daines so as to cause actual bodily harm, appeared before Mr. A. M. Mowlem, S.M., at Eltham to-day. The former charge was withdrawn Dy the police and one of common assault sut>» stituted. Constable Townsend conducted the case for the police, and Mr. A. Chrystal appeared for accused. Stephen Daines, in evidence, said he was a laborer employed in Eltham. On May 1.3 McNab's two daughters came to him in the street with a message. He bought the girls two hats and was joking with them when McNab came on the scene. McNab spoke to witness, who told him to go about his business, whereupon McNab struck him and knocked him down.

Tn answer to Mr. Chrystal Daines said he had had "half a dozen long shandies” that day. He did not remember asking if he had fallen out of bis gig when he was spoken to in the Hawera hospital. He did not swear at McNab or use any other provocation. He had never previously assaulted McNab. He did not call out to McNab across the street previous to the alleged assault. The girls were on the other side of the street when McNab struck him. His injuries were "a hole in the lip, a black eye and injuries to the back’ of the head."

Dr. D. McKay gave evidence as to the condition of Daines after the affair. He found Daines in a hotel unconscious and bleeding. He seemea seriously hurt, and the doctor at first thought he was "knocked right out.” He could not tell whether the man had had any drink, because the odour of liquor in the corridor of the hotel was so strong.

Katherine McNab, a daughter of accused, said that her iatner struck Daines, but she could not hear any words that passed between the two men. Daines put up his hand merely in an attempt to save himself. Constable Townsend said he was standing at the corner of the street when the affair took pmce. He saw Daines fall to the footpath, although he would not say what caused him to fall. Daines attempted to rise, but McNab struck him on the face and knocked him down again. McNab told the constable that he had struck Daines twice. Daines was “stupid and did not seem to know what he was doing.” There were signs of drink on Daines. He wanted to know if McNab had hit him. The constable had not heard of any previous assault, and believed Daine.s was too inoffensive to assault anyone.

Mr. Chrystal said the defence Was that McNab acted so as to save himself from assault, and that Daines was drunk. The evidence was biassed, the girls having turned against their father. Daines had previously assaulted McNab and there had been matrimonial troubles between the two men. Prior to the assault Daines had used filthy language to McNab and attempted to strike him. A man was entitled to use a certain amount of force in self-defence.

The accused, giving evidence, said he was a laborer at present resident m Te Wera. On the day of the assault he met his youngest daughter and told her he would get her a pair of boots that evening. Daines was across the road and he passed some remark. Witness went across to Daines and asked, "Why do you interfere when I am speaking to my children?” Daines then used certain uncomplimentary language and attempted to strike witness, who then struck Daines and knocked him down. Witness was quite sober and had been working all day. There had been a lot of trouble between the two men. Almost every time witness came to town he was assaulted Dy Daines. According to the rules of fighting the accused said he may not have been justified in striking Daines when rising. The magistrate said, there could be no justification for the assault, and McNab must be convicted. He had rendered himself liable to two months’ imprisonment. Accused was convicted and fined £2, with costs £5 18s.