STREET ALTERCATION.

Auckland Star, Volume LXIX, Issue 74, 29 March 1938, Page 8

STREET ALTERCATION.

PROVOCATION PLEADED.

ASSACI.T CHARGE DISMISSED.

Provocation wa«s pleaded by Krnest ( liarle- KilwanN. labourer, ajjed 4.'!. when lie was charged with assault in the Police (. ourt 111 is moniiiiji.

hdwurds wac; i-harjrwl with •Tames .Machin so as to cau.-o him actual bodily harm, but, after rMib-In«]>ector Ko.\ liad outlined tlie facts to Mr. F. K. Hunt. N.M.. tlie chariie was reduced to one of common r.ssault.

wards, for whom Mr. Aekin.iippcared. pleaded not guilt v.

Mr. Fox said that at 1.4."i p.m. on l-cbruar.v 22 Machin and Edwards were seen in an altercation which occurred in Hole-on Street.

Edwards struck Machin on the chin and knocked him to the ground. Machin s head striking the pavement, causing him to sustain severe concussion. Machin had been in hospital until March l."i. As a result of the concussion his eyesight was affected and he had now got double vision. However, the doctors believed he would shortlv regain normal sight. Edwards, who was sober when seen by tlie police some time after, denied that he had been in anv altercation. -Mathin. an unemployed seaman, told the magistrate lie could not recall what happened 011 February 22. That day lie was drunk and did not remember being assaulted. He did not know the accu-ed.

Cue witness called for the prosecution con.-idered that Maehin wjls the aggressor and that Edwards only the one blow. Edwards picked up his hat and walked away after Machiu lnul fallen to the ground". Called by the defence. ; v cleaner said he sav Machin follow Edward» and make two attempts to assault him. but Edwards walked away. Then Edwards turned round and struck Machin, who had been annoying him. Mr. Hunt agreed with counsel that Edwards had been greatly provoked by' Machin. who was under the influence of liquor, but remarked that Edward* had brought all the trouble on himself because he was not frank and did not tell the police what had occurred when lie was lirst reen.

I lie charge was dismissed on pavment Of COstS, 12/.