FOR SENTENCE.

Auckland Star, Volume LXXI, Issue 69, 21 March 1940, Page 8

FOR SENTENCE.

MAORI ADMITS ASSAULT. ELDERLY MAN STRUCK. Charged with assaulting John Hagerty so as to cause actual bodily harm on February 29, Nick Wharerau, a Maori, aged 29, appeared before Messrs. A. L. Gee and W. J. Evans, J.P.'s, in the Police Court to-day. Sergeant Grainger prosecuted, while the accused was undefended.

Dr. E. D. Bernard said Hagerty was admitted to the Auckland Hospital on the night of February 2o suffering from a lacerated wound on the back of the scalp.

John Hagerty, labourer, said he was CO years of ajfe. On Sunday evening, February 25, he was walking up Cook Street on his way home, and when about 100 yards from Hobson Street saw three Maoris, two in uniform and one in civilian clothes approaching. The Maori in civilian clothes had his hands up as though about to fight. Witness did not know what happened then because he next found himself lying on the footpath and a number of people around him. Witness was perfectly sober, but he could not swear that accused was one of the three Maoris. Pointed Out Accused. Arthur James Kilmartin, labourer, i said he was in Cook Street at about 9.30 p.m. on February 25 and saw Hagerty walking up towards Hobson Street. Three soldiers, one of whom was in soldier's uniform, approached from the opposite direction, and as they got close to Hagerty, one of them (the accused) said, "Hello, old fellow; here!" Hagerty hesitated, then went to step towards accused, who struck him. Hagerty fell, striking his head on the channel. The Maoris then walked down Cook Street and witness followed. Later that evening in Queen Street he pointed the accused out to a constable. He was certain accused was the Maori who struck Hagerty. Denied the Assault. Constable J. M. Wilsou said that when accused was spoken to by witness and Kilmartin and accused by the latter of knocking down an old man in Cook Street earlier in the evening, he denied the assault and said that he had not been in Cook Street that night. Accused was not drunk, but his breath distinctly smelled of liquor. Witness then charged accused with assault.

Accused, who said he was very drunk oo the night in question, pleaded guilty and was committed to the Supreme Court for sentence.