BELL BOY'S LAPSE.

Auckland Star, Volume LXVIII, Issue 283, 29 November 1937, Page 8

BELL BOY'S LAPSE.

BARMEN ASSAULTED.

SCUFFLE IN HOTEL. "HE WAS FIGHTING DRUNK." Not quite IH years of age. Frank Herxey. a bell l>oy on the Aoran-ri. was dealt with by Mr. F. K. Hunt. S M.. in the Police Court this morning on two charges of assaulting barmen employed in a city hotel on November 15. Herxey. for whom Mr. Allan Moody appeared, was char-red with a-sault'ng ("hirles Henry (ieorge Hi»gbin, and alternatively xxith assaulting Hogbin so as to cause actual bodily harm, while he was also charged with assaulting (ieorge Williamson.

According to the evidence stiven. ji'.used, when a request to purchase a bottle of whisky from the bottle store of the hotel shortly after fi p.m. was refused, struck Hogbin on the chin, knocking him down, and then struck Williamson, breaking his dental plate in five place-*. Hogbin'* left collarbone and left ankle had been fractured and .he had been in hospital since November 16.

One witness said the assaults occurred when !><ith hotel employees were standing at the door of the bottle department and that he saw Hervey lashing out with fists and feet. He was "fight ing drunk."

After the magistrate had lined Hervey £•"> for assaulting Willisinaon and hail ordered half the fine to be paid to this complainant, Mr. Moody remarked that it would be straining the law to tend Hervey to the Supreme Court on Unindictable charge of assault causing; actual bodily harm. "Hervey had been drinking and did not know what occurred," said counsel. "Thin is regrettable in view of his youth. He is a wellbehaved boy on the ship." The magistrate said he would take the responsibility of dealing with Hervev on the summary charge of assaulting Hogbin. Hervey came from Sydney and had no relatives or friends here. He would only have to wait here until February if he were committed to the Supreme Court.

The indictable charge was dismissed and on the summary charge of assault Hervey was admitted to probation for two years and ordered to pay £"> to Hogbin and witnesses' expenses and costs £o 3/.