EPISODE AT DANCE

Wairarapa Times-Age, 7 September 1938, Page 6

EPISODE AT DANCE

FEATHERSTON COUNCILLOR ASSAULTED WELL-KNOWN BOXER BEFORE COURT FINE OF £5 IMPOSED The sequel to an episode at a recent dance at Dalefield was heard in the Featherston Magistrate’s Court this morning when Arthur Cadwallader was charged with assaulting James Steadman Viles,; a member of the Featherston Borough Council. Mr H. H. Lawson, who appeared for the informant, said his client attended the Dalefield dance in company with a party of fourteen. When some members of the party were dancing in the hall Cadwallader struck one of the men and knocked him out. The man’s lady partner fainted and there was a general mix-up in the hall. Viles carried his friend out and then decided that the “party was getting too rough,” and that it was time to go home. As he moved out of the lighted hall into the darkness he was struck an violent blow on the mouth. He did not know who hit him, but fortunately two other men saw Cadwallader strike the unprovoked blow. “As the result of the blow,” Mr Lawson added, “Viles had to have his lips stitched, and his teeth attended to, while he could not eat with comfort for several days. A good pipe was also broken. Viles decided that defendant should be brought before the Court in the interests of the public. My client is a member of the Featherston Borough Council, while defendant is a member of a boxing club, and has fought considerably in the ring, and therefore holds a decided advantage over a man without experience.” “Cadwallader and his like,” added counsel, “frequent'country dances and invariably create disturbances. As a result one committee has decided not to hold any more dances. The assault cost Viles £3 17s 6d, made up as follows:—Doctor, £T Ils 6d; dentist, £1; pipe, 18s 6d; and 7s 6d for the cleaning of a suit.”

In the public interests Mr Lawson asked that a substantial fine be imposed, and that part of it be paid to Viles. The magistrate, Mr H. P. Lawry, said that any claim for damages should come as the result of a civil action. If he ordered part of the fine to be paid to Viles he might have to inflict a much heavier penalty than he would otherwise do. At, any rate he could only hand over half of the fine to informant, and if that amount were accepted it would be a bar to any further civil claim.

In pleading guilty to the charge, Cadwallader said: “It was an accident. I hit the other chap in the hall, and when I saw Viles coming I thought he was after me. I was only protecting myself. I am sorry and all that.” In convicting and fining Cadwallader £5, Mr Lawry suggested that he should fix any claim for damages by Viles out of Court, and thus avoid the payment of further costs. Witnesses’ expenses £1 and solicitors fee £2 2s were also allowed.