TWO RECORDS.

Auckland Star, Volume LXVI, Issue 99, 29 April 1935, Page 8

TWO RECORDS.

WAR—AND ANOTHER. * MAN "SPOILED BY PRAISE." 1 ASSAULT BY EX-SOLDIER. ; Widely known because of his brave I deeds while on active service, when lie 1 was on more than one occasion favourr ably recommended for the Victoria ■ Cross, John Douglas Stark, labourer, | aged 38, was convicted in the Police Court this morning by Mr. F. K. Hunt, , S.M., 011 charges of assault and a breach [ of his prohibition order. 1 Stark, for whom Mr. K. C. Aekins i appeared, pleaded not guilty to a charge of assaulting John Stewart 011 April 19. 1 lie pleaded guilty to the charge involving a breach of his prohibition order. Punched and Kicked. Two women residing in Sale Street [escribed a fight which occurred in that street at 8.40 a.lll. on Good Friday. Both women said they saw Stark and another man lying on the steps of a house fighting. "Stark dragged the other man 011 to the street and punched and kicked him in the face repeatedly," said one witness. "When the other man was lifted to his feet, Stark hit liim again." The other witness gave similar evidence, adding that Stark seemed to be "mad with drink." Cross-examined by Mr. Aekins, both women said Stark was wearing sandshoes. Constable Yeoward said he was summoned to Sale Street, and 011 arrival saw Stark, who wanted to light all and sundry. Mr. Hunt: I suppose he disappeared when he saw youV—Yes, lie did. He ran and jumped 011 a moving tram. I also boarded the tram and found Stark crawling 011 his hands and knees. 1 arrested him and afterwards returned to Sale Street, where I found Stewart being attended to in a house. Stewart's face was in a terrible state. Both eyes were filled. Sub-Inspector Fox: What did Stark have to say about the affair?—He said that lie had beaten the other man and would do it again. Mr. Aekins: Stark was drunk?—No, but he had taken some liquor. 1 found a small bottle of whisky in his pocket. Reluctant Witness. The complainant Stewart, said he was a married man and lived in Wellington Street. He said he had been to a party all night and had been drinking. He was with Stark and another man in Sale Street 011 Good Friday morning. Asked by Sub-Inspector Fox to state what took place, Stewart said, "Oh, it was i an unfortunate accident. I'm not too i dear what happened. An Alsatian dog chased me and I fell 011 my face and 1 had it cut up a bit. There was a bit of 1 a scuffle." 1 Sub-Inspector Fox: Do you remember ' making a statement to the police about 1 this affair'?—l don't remember what I 1 said. I was dazed at the time. 1 When shown his signature 011 the ] statement and asked to read portions of it, Stewart said that 110 wanted to be quite fair to Stark. "I want to t give him a fair go," he added. ( Sub-Inspector Fox: I believe you have | seen Stark since this "accident"?— Yes. , I sent for him and told him I would give him a fair go. j Mr. Hunt: It is obvious he wants to t get his drunken friend off. Fortunately two sober women saw what happened, c

" Which Record?" Mr. Aekins said lie could call Stark, who would say that Stewart first struck him and cut his lip. Stark was under the influence of liquor at the time. "In view of his well-known record—" Mr. Hunt: Which record, his war record or the one we know? Mr. Aekins: His war record, sir. Mr. Hunt: Well, lie's been trading far too long 011 that war record of his. Kicking a man when he is helplessly down is a bad thing. A fair fight is all right, but to kick a man when down is serious. That is the worst feature. Mr. Aekins said Stark was a widower with live children, whose ages ranged from 20 months upwards. Stark was anxious that his children should not be taken by the State. He looked after them well. Mr. Hunt recited Stark's list of previous convictrons. "Look at this," he said. "Two were before the war and 28 since the war—assaulting the police, arson, drunk and disorderly, and a lot more."' Sub-Inspector Fox agreed with the magistrate that Stark traded on his war record. "This man has been spoiled by praise," he said. "When he takes drink lie is. u dangerous man, and might do really serious injury to someone yet." A Hold Over Stark. Mr. Hunt: I know what to do with him. I will keep a hold over him for a while by convicting and ordering him to come up for sentence if called upon within twelve months, 011 the assault charge. He is lined £1 for breach of his order. It is drink that does not- agree with him, otherwise lie would probably be all right. It is only because of his live children that I am not sending him to gaol for this. Now if lie gets into any further trouble he will go up above for a spell.