ASSAULT CHARGE.

Auckland Star, Volume LXIX, Issue 206, 1 September 1938, Page 13

ASSAULT CHARGE.

TRIMMER IN DOCK.

STORY OF ALLEGED - BRAWL. ENGINEER AS COMFIAINANT. Incidents which allegedly took place on the Union Company's intercolonial steamer Kaiwarra on tlie afternoon of August 24 and resulted in the chief engineer being admitted to the Auckland hortpitnl had their eequel in the Police Court to-day, when Frederick (ieorge Lester, aged 32, was charged with assaulting Alexander Stuart Ewan eo ae to cause actual bodily harm.

Mr. C. R. Orr Walker, S.M., was on the Bench, and Sub-Inspector Fox prosecuted. Accused was represented by Mr. Winter.

Dr. J. A. Watson eaid he found the chief engineer, Ewan, on August 25 to be suffering from shock and injuries to the left shoulder, elbow and forearm, rigfrx shoulder and left knee. The injuries would be consistent with him having been knocked down and thrown against the ship's fittings on the previous day. Evidence that Ewan's injuries would keep him in hospital as a patient for another fortnight wae given by Dr. William McKechnie. The chief engineer, Alexander Stuart Ewan. said the Kaiwarra was lying at the King's 'wharf on August 24. At 3j p.m. he was in his cabin when accused, who was a trimmer, called and asked why he had not been given a fireman's job on the ship. He was told the position had been filled that morning, and at the same time witness gave Lester 24 hours' notice. Lester, who was under the influence of liquor, had been absent without leave from the ship since S o'clock that morning.

"When Lester became allusive and told me I couldn't do it, I ordered him to S"/' e* , 'd witness. "Lester then shaped up to me and tried to hit me. I stepped back. Lester entered the cabin and caught me by the throat, his hand being fastened in my tie. We both went down in the alleyway outside the cabin, when I sustained an injury to my knee. I endeavoured to push him away, but he would not go. When he (lid go. I thought that wae the end of it. Accused was dragged away from me."

The chief engineer added that accused was calling out and threatening him. While accused was assaulting him witness said he came in contact with a steam pipe casing in the alleyway. While he was in the saloon talking to another officer, accused forced his wav in and again assaulted witness by punching him several timee and knocking him down. After the third officer had pulled him off, the accused went away.

As a result of the assault and injuries lie received, witness said, he had to go to hospital. He denied first striking Lester by hitting him between the eyes with his fiet. After the alleged assault the mate had to cut witness' tie from his neck to get it off. The knot was much tighter than before the assault.

Cross-examined by Mr. Winter, witness eaid that if .accused wanted the fireman's job he should have been on the ship and at hift duties that morning. It was not the practice to give trimmers the first refusal of a fireman's job. although trimmers generally believed they had the right to succeed to the vacancv.

Did you strike him on the first occasion?—No, only on the second occasion, and then only in self defence.

Charles Delaccy Cameron Cleary. second engineer of the vessel, said he went with accused to the chief engineer's cabin. Witness added: "When the chief told him to finish up accused put up his hands and went to rush over the step to strike Mr. Ewan, who pushed him out. A brawl then started, and both went down, with Ewan underneath. Lester got half up, and he was going to 'put the boot in' when I pulled him off. I got him out of the alleyway, and at the end of it accused said, 'I will get you.' That's the last I saw of him. He was using all sorts of language during the disturbance." After two further witnesses had been heard, accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was allowed.