SEASIDE PARTY.

Auckland Star, Volume LXVI, Issue 46, 23 February 1935, Page 11

SEASIDE PARTY.

AT MISSION HAY.

"COUPLE OF LARRIKINS."

ASSAULT CHARGES HEARD.

The conduct of two men and two women at Mission Bay on the night of February 15 was investigated by Mr. F. K. Hunt, S.M., in the Police Court this morning, when Russell Hague Smith, aged 30, motor driver, and Alfred Astle, a relief worker, were each charged with assaulting Tan Ivcith Robinson, and being found without lawful excuse on the enclosed premises of Mission House. Smith was further charged with assaulting Arthur Herbert Eden at Mission Bay on January 26.

Mr. Vialonx appeared for Astle, and Mr. K. C. Aekins for the other accused, who pleaded not guilty to all charges. Mr. Vialoux said that as far as his client was concerned both offences were really only technical. Astle, with his companion and two women, went on to the verandah of the Mission House to shelter from the heavy rain. They were told to leave, and, thinking that the Mission House was unoccupied and that they had a. right to remain under the verandah, they remained. Astle was a relief worker "and a married man with a wife and family— Mr. Hunt: What was he doing there with another woman, then? s "That is beyond my comprehension," replied Mr. Vialoux. Refused to Leave. Robinson said he heard a disturbance near the reserve alongside his house at •11.45 p.m. When it started to rain the two accused and two women rushed on to the verandah of witness' house. The two men, who had bottles of liquor with them, said they wanted to. shelter from the rain. They refused to go Under a verandah on the opposite side of the road, and Smith threatened him with a bottle. Witness then went to call his brother, and when lie returned he found Astle was in the sitting room. "The two women in the party were not drunk, but under the influence of liquor, and were using foul language," he said. Smith was drunk. Witness later sent for the police. To Mr. Aekins, witness said that he was not assaulted, but merely threatened. Mr. Aekins said Smith was sorry for what had occurred. He was drunk, and had been in a drunken party.

Mr. Hunt said lie would not. convict (he men on both charges. "It is annoying for a man to be disturbed at midnight by a couple of larrikins and two women, and each will be lined fl on the assault charge," he added. Sir. Vialonx asked that Astle be allowed time to pay. "What about the woman he was with?" asked the magistrate. "Well, it wasn't his wife," said Mr. Vialoux. Mr. Hunt: If he can afford such luxuries he can pay the fine. Met in Hotel. The other charge of assault against Smith was taken. Eden, the complainant, said he met accused in the lounge of a city hotel on the evening of January 26. He was talking to a woman when Smith, who knew the woman, came and sat alongside. All three went down to Mission Bay in his car for the purpose of inspecting a house for the woman. On arrival at Mission Bay they all went into a tent. Accused brought some beer with him. Accused later left the tent, and witness, becoming suspicious; went out to look for him. He found that his car had gone and later met Smith walking back along the road. The car had stalled on the road and accused and witness pushed it back into a garage. "The lady had by this time gone away," said Eden. Mr. Hunt: You lost the car and now you have lost the lady. '(Laughter.) Eden said he asked accused his name, as he thought the car had been damaged. Ho alleged that accused punched him and knocked him down twice, and then drove off in a taxi with the woman. "I was later taken to the hospital with my injuries and I remained there for six days." Mr. Aekins: You have been before this Court yourself?— Yes, certainly. What for? —Assault. On whom? —A woman. " Went Too Far* A taxi driver said Eden first struck Smith. Accused then pulled Eden down and hit him while he was on the ground. Two men separated the pair, and before leaving Eden, Smith propped him up 111 a sitting position on the footpath. Another eye-witness said he saw Smith on top of Eden hitting him with both hands while he was "right out."

Dr. It. P. Keenan said Eden was admitted to the hospital with extensive ' fractures of the nasal bones on both sides.

Mr. Aekins said unfortunately Smith had some drink and perhaps used a little more violence than he was entitled to. The whole trouble was that Eden struck him first and would not let go of his collar.

Mr. Hunt: He should not have knocked the man about when lie was on the ground. There is a limit, and accused went too far.

Smith was prohibited and convicted and ordered to pay costs totalling £2 12/.