ONEHUNGA ASSAULT CASE.

Auckland Star, Volume XLIV, Issue 196, 18 August 1913, Page 7

ONEHUNGA ASSAULT CASE.

FOURTEEN" DAYS' IMPRISONMENT. William John Forsyth. a man. looked more like a professional pi-.nii.-t as he stood in the Onehunga Police Court this morning, before Mr. l< , . \". Fmser, S.M., charged with liu-ving assaulted a married couple on August 4. Defendant pleaded not,jrujlty and conducted his own defence. The facts of the assault us outlined l>v Sergeant Ropers for the prosecution were thai -Mr. -Uarlinenjro manages the picture show at OmOiungM. -and is assisted by Mrs. Martinengo, who takes th« cash. On Monday night. August 4. Mr. and "Mrs. Marinienjro Ipft tlio Lyceum together shortly after 10 o'clock for their home in Crvey Street. On the way they were assaulted by the accused. Mr. Martinengo confirmed this statement. On Monday evening, August 4, he. said, two young men named Forsyth and Recce visited the pictures, but Forsyth was refused admission on account of his previous behaviour. Forsyth took off his coat and offered to tight, but Recce prevented him. Witness and his wife closed the Lyceum as usual. Wlien they were proceeding home afterwards they were followed by about a dozen young men. Alter they entered Grey Street. West Forsyth slipped in front of witness and challenged hini to light, at the same tinie striking several blows, which witness warded oft" witli his arms. Mrs. Martinengo stepped in to defend witness, and was knocked dowu by accused, who afterwards ran away. Mrs. Martinengo was carried home and attended by Dr. Bruce. Defendant had previously threatened to assault him. That was on April i hist. Edith Martinengo (wife -of the last wit.m-ss) stated that defendant threatened her husband all the way up the street, but was prevented by his mates from violence, until they reached CJrey Street, when the man's friends let him μo. Defendant then ran in front of -witness and her husband and struck her on the breast. She remembered no more of the circumstances. The last the rejuemtbered was waking up in bed attended by J>r. Bruce. She was bruised on the breast, on her left side., and on her lingers. She was confined to her bed for ten days. John James Recce, a companion of defendant, deposed that he and another man named McPike prevented Forsyth from striking ihirtinengo in Queen Street. They hoth got tired of holding him back, and let him go when they readied Grey Street. They followed him. Witness did not see Forsyth strike Martinengo, but he saw the latter defending himself with his arm, stepping away frum defendant at the same time. lie saw Mrs. Murtinengo step in between the two men and shortly afterwards she feil down. He did not see Forsyt , !) strike Mrs. Martinengo. He helped to carry her home. Forsyth was under the influence, of liquor that evening. Leslie McPike confirmed thu statement of the last witness. Isaac 1/omas, :i neighbour of Mr. liartincngo. said he saw accused strike Martinengo two or three blows, lire. Maxtinengo then pushed her husband aside and hit defendant with her open hand on the f-.ice. She then fell to tiae ground. Witness could not say that, the defendant either struck at or pushed Mrs. liartineugo. lie heard defendant .->ay that he had £o to spend and he did not care. Dr. W. JJruco stated tlnvL iiu c;:u.iiiined Mrs. Martinengo and found she had a. bad bruise on the breast and lcrft Owing to her eerioud condition at, the time of the assault lie ordered her to remain in bed for a week. The bruise on the breast might h::ve her-n oiuised by a blow, and that on the hip by a fall.

Defendant did not examine any of the witnesses. In giving his version of the affair upon oath he said that he and his companions had been drinking that night, and when they -went to the pictures they were refused admission. Tlicy followed the manager and his wife up the street, ■and when they got near to Grey Street he licked Mr. Martinengo why he had refused him admission. Mrs. Manuicngo thereupon stepped between them and slapped him in the face. She was carrying a handbag. She then fell down in a faint or til. He never touched her.

His Worship stopped the defendant just here and reminded him that he -had sworn to tell the whole truth, and in order that he might realise his position read liis statement over to defendant and asked if he si ill adhered to it. Defendant replied thai lie cii:i.

The magistrate said tbe case'was too clear. It was a low-down thing to pick a quarrel with a man in the street when his wife was with him. It. was _ much meaner tiling; to strike a woman, and at the same time seek a. quarrel with her husband. Defendant had said that he had t'.T to spend, in view of the. whole circumstances he (the magistrate) had decided that a line would mil meet the

cit.-c. A!--o us a warning to others he must deal wilh the case as if deserved. Defendant was convicted and sentenced to fourteen days' imprisonment with hard labour on the charge of assaulting Mrs. Martinengo. .md he was convicted and discharged on the other count