BAILIFF ATTACKED

Waikato Times, Volume 127, Issue 21222, 19 September 1940, Page 8

BAILIFF ATTACKED

OFFICER IN HOSPITAL SCUFFLE WITH BROTHERS CALL TO SERVE SUMMONS YOUTH SENT TO BORSTAL In the back garden of a Te Rapa home on August 15 a scuffle took place when the probation officer and bailiff of Hamilton, Mr Michael McCormack, called to serve a summons. Three young men allegedly endeavoured to force him off the property and as a result he received injuries which necessitated his admission to the Waikato Hospital, from where he was discharged to-day. To answer charges of assaulting the bailiff two of the young men appeared before Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, to-day. Leonard Vincent Windsor Brown, aged 19, of Te Rapa, was convicted and sentenced to Borstal detention for a period of one year, and Robert Alexander Wilson Brown, aged 18, brother of the other accused, was convicted and ordered to come up for sentence within 12 months if called upon, with a provision that he would not be called upon if he reported to the senior-sergeant of police in Hamilton once a week. Leonard Brown pleaded guilty and Robert Brown not guilty. Both the accused were represented by Mr A. 1.. Tompkins. Senior-Sergeant A. G.* McHugh prosecuted. Bailiff’s Evidence Michael McCormack, said in evidence that he had a summons to serve on Mr Brown, father of the two accused. He went to the home, where he spoke to the accused Leonard Brown. Both he and an elder brother ordered witness off the premises. Robert pushed witness and Leonard punched him before the three young men pinned him against a concrete wall. He was being hit all the time, but struggled free and made his way to the gate, the accused Leonard tripping his feet as he proceeded. Witness summoned the police. The opinion, that one of the men kicked him was expressed by witness, who described an injury to his back. A tooth was knocked out and his face cut and bruised. As a result Of the injuries he was in the Waikato Hospital from August 19 until today. He felt certain that the three young men had planned to attack him, as he had encountered trouble at the home when serving a previous summons. Arrested by Police Witness denied under ination, the suggestion of counsel for defence that Robert Brown had not laid a hand upon him. Constable A. H. Valentine, of Hamilton, stated he went with McCormack to Browns’ residence. When the bailiff pointed out the two accused, Robert Brown said he did not strike McCormack, who was bleeding and appeared badly shaken. Cross-examined, the constable said that Robert Brown on being arrested, said he had done nothing. Mr Tompkins stated that the accused Robert Brown denied having taken any part in the incident. He did not speak to McCormack and never laid a hand upon him. Robert Brown said in evidence that he saw his brother Len and McCormack talking heatedly. Len pushed the bailiff who over-balanced and fell against the house. As he was getting up McCormack was pushed over again by Len. The officer stated he would have all three arrested within five minutes. Witness was never closer than 10 yards. Leonard was the only brother to take part in the scuffle. Elder Brother’s Story Daniell Thomas Thompson Brown, elder brother of the two accused, said he saw Leonard take McCormack by the shoulders and later push him over. Witness and Robert did not take part but watched the scuffle. Mr Tompkins stated that McCormack has been to see the father several times when he was away, although the mother had said he would not be home for some time. Leonard Brown considered the bailiff had exceeded his duty and annoyed his mother. That, apparently, had incensed the young man, but he now realised that he had made a mistake. In fact he was on bail and had gone to tiie police and asked to be locked up. Counsel said he did not wish to cast reflections upon the bailiff. All members of the legal profession agreed that could be no more conscientious or efficient bailiff in New Zealand. Described As Perjury The magistrate said he could not believe the evidence of the accused Robert Brown and the third brother. It was blatant perjury. “The charges cannot be treated other than seriously,” added the magistrate. “They not only involve an assault upon an officer of the Court engaged upon the official duties encumbent upon him in the administration of justice, but the assault was particularly brutal and resulted in serious injury to the bailiff. Furthermore, the person assaulted was old enough to be the grandfather ot these young men. I am satisfied, from the evidence, that the assault was a concerted plan and the third brother is lucky that he was noi charged also. “In regard to Leonard Brown,” the magistrate said, “the penalty must be substantial, not only because the offence is serious but that it may act as a deterrent upon other people.”