UGLY BRAWL

Wairarapa Times-Age, 3 February 1943, Page 4

UGLY BRAWL

DISTURBANCE IN MASTERTON LAST NIGHT TWO MEN CHARGED WITH ASSAULT. CHASE BY THE POLICE. As a sequel to events in Chapel Street last evening, described by Sen-ior-Sergeant C. Murphy as one of the most ugly brawls that had ever occurred in Masterton, Francis William Ford and Jack Ryan appeared in the Masterton Magistrate’s Court this morning on a charge of having assaulted Clarence M. McLaughlin, electrical welder. Messrs L. J. Taylor and J. Caselberg, J’s.P., were on the Bench. Mr R.’ R. Burridge, who appeared for the defendants, entered a plea of not guilty. At Mr Burridge’s request, witnesses were ordered to leave the court during the hearing of evidence.

Senior-Sergeant Murphy said the defendants were freezing works employees. They had been at the Taratahi Hotel since knocking off work at 11 a.m. yesterday morning. They met McLaughlin at the hotel at about 4 p.m., and a quarrel arose. A very ugly brawl occurred at the back of the hotel. McLaughlin required medical treatment. When he returned to his house in Chapel Street, Masterton, after visiting a doctor, the defendants stepped in front of his car and attacked him. Prior to attacking McLaughlin the men had called at his house and inquired from his wife when he would be home. The police were called in and saw Ryan running away, with his face bleeding. Ford was chased by Constable Berry and arrested. No inquiries had yet been made concerning the fracas at the Taratahi Hotel. The defendants had acted foolishly in assaulting McLaughlin at his home. It was one of the most ugly brawls ever to have occurred in Masterton Mr Burridge: “I object. Damage will be done if such a statement is allowed to be made. The law provides that unless a witness can be called in court a statement by the witness cannot be used in court.” The Bench accepted Mr Burridge’s submission. Senior Sergeant Murphy said that as he could not call the witness he would not, in fairness, make further reference to the gravity of the assault. Mrs McLaughlin, wife of C. M. McLaughlin, stated that at about 6.30 o’clock last evening the two defendants called at her house and asked 'for her husband. Ryan said; “If I get McLaughlin I will murder him.” Both men were drunk. She ordered them off the premises. Later she heard a noise and saw her husband in the gutter. Ford, who was standing over him, made a “swipe” at him. C. M. McLaughlin, in evidence, said he was assaulted at a hotel in Carterton, and again when he returned to his home last evening. He had been at the hotel for about an hour and had consumed five “shandies.” Going into his gateway at his home he was stopped, and as he had a spinal injury, got out of his car slowly. He was assaulted, and a “fan- go” resulted, “boots and all.” Witness produced a shirt ripped in strips, and a stained singlet. Following exchanges between McLaughlin and Mr Burridge, during cross-examination, the Bench ruled that the fracas in Carterton was a separate case in another police district, and that evidence should be confined to the Chapel Street assault. At a stage in the cross-examination, Mr Taylor pautioned witness that there was no need for excitement. Evidence regarding the assault was given by A. C. Lambess. Constables R. J. Berry and J. G. Fitzpatrick gave evidence. Mr Burridge said that the defence was a denial of an assault, and a denial that McLaughlin* had been assaulted. On the contrary, the defendants alleged that McLaughlin had attacked them. The explanation of their presence at McLaughlin’s house was that Ryan had suffered an injury that day, and went to McLaughlin’s house to discuss the matter, and if an arrangement was not made regarding the injury it was intended to lay an assault charge against McLaughlin. In evidence, Ryan said McLaughlin was the aggressor. He said McLaughlin hit Ford over the head with a piece of piping, and that the witness Lambess had a stick. He said the fracas at Carterton was caused through McLaughlin sitting in a jeep. Ryan said he ordered McLaughlin out of the jeep, as he might have been a fifth columnist. Ryan denied a statement made by Mrs McLaughlin that he said he was going to murder McLaughlin.

In reply to Senior Sergeant Murphy, Ryan denied having played “two up.” Senior Sergeant Murphy said four dozen pennies were found in Ryan’s pockets. Ryan admitted having consumed liquor from 11.30 a.m. to 6 p.m. He denied having struck McLaughlin in Chapel Street. Senior Sergeant Murphy: “You have heard the police witnesses state that McLaughlin was injured in Chapel Street. Were they all lying?” Witness: “No.”

Ford gave evidence along the lines of Ryan’s evidence. He also denjed a statement made by Mrs McLaughlin that Ryan had said he would murder McLaughlin. Mrs McLaughlin was recalled to the witness box. She stated under oath that Ryan said: “When I get McLaughlin, I’ll murder him.” She answered several questions asked by the Bench. Mr Burridge submitted that as there appeared to be a conflict of evidence the defendants should be given the benefit of the doubt. Senior Sergeant Murphy said the police had proved a case of assault. The police evidence had not been shaken. The Court was adjourned for a few minutes, as Mr Caselberg announced that the Bench did not agree on the question of punishment. When the Court resumed, Mr Caselberg said the Bench was satisfied that an assault had taken place. There were faults on both sides. Each of the accused would be fined £5.