"WOULDN'T COME ACROSS."

Auckland Star, Volume LVIII, Issue 246, 18 October 1927, Page 10

"WOULDN'T COME ACROSS."

AFFRAY IN DARBY STREET.

TWO BROTHERS CHARGED.

Money it is that is usuallv at the root of evil, but last night in Darby Street it happened to be three bottles of beer Joseph Kane (23) and his brother, •fu C,S ane (21) ' had an argument with another man over the bottle* The sequel was heard at the Police Court thi* morning, when both were charged with having assaulted James Henrv Aisher and stealing three bottles of beer belongingto Aisher, while Francis Kane was further alleged to have assaulted Stanlev Sparks.

Accused pleaded not guilty. Sparks and the young * ladv who accompanied him both stated that they left a picture theatre at 10 o'clock last night, and were iu Darbv Street, when they saw both accused struggling with Aisher. Aisher's coat was half pulled off and accused were going through his pockets. While witnesses were watching the three men Francis Kane approached them and told them to mind their own business. He then drew a bottle of beer and aimed a blow at Sparks head. However, he dodged it the bottle striking him on the neck! When a constable came along Francis Kane threw the bottle of beer on the footpath. Neither witness spoke to the accused.

I did not strike anyone with a bottle, said Francis Kane. "Why, I could beat a dozen men without' a bottle."

However, the witnesses maintained that Kane had deliberately attempted to strike a hard blow on the head with the bottle.

Aisher said that he met both accused about 9 o'clock last night in a hotel one of the Kane's shouting drinks. Witness invited both accused over to a supper room to partake of coffee at his expense. While going along Darby Street the Ivanes tried to pull his coat off. Three bottles of beer were taken out of his pockets. Witness commenced to defend himself and called out for help. Sparks then came over. Witness heard one of the accused say, "Go through his pockets," and "rat him." "I shouted for you, and you then got four bottles of beer and would not shout for us. You tried to get away without giving us any, didn't you"?" asked Joseph Kane, who was talking a great deal while in the dock, and was putting questions in the form of statements, until the magistrate checked him. "Well how the H could my brother have hit Sparks with the bottle?" he asked, "if he had Sparks would not have been here this morning." "Keep quiet," commanded the court orderly. "I'm sorry," said Joseph Kane. Sergeant Angland produced statements made by both men. Joseph Kane explained that he met Aisher and shouted for him. "The lady in the hotel would not serve us, but we asked Aisher what chance there was of getting some beer," said accused. "Aisher said it would be all right, so we gave him 3/ to get some. When he got the beer he would not give it to us, and told us we could well wait for it. So we took it off him." Francis Kane also denied the assault charges. "Aisher wouldn't come across with the beer, so we did what anyone else would have done—we took it off him. We never pulled his coat off, and I deny striking the other man with a bottle"" "Well, you are both convicted, what's known about them, senior sergeant?" asked Mr. Hunt. Senior Sergeant McCarthy a iked for a remand for several days to make some further inquiries about the brothers. The remand was granted, the magistrate refusing hail.