ASSAULT CHARGE

Press, Volume LXXXVI, Issue 26221, 19 September 1950, Page 5

ASSAULT CHARGE

MAN COMMITTED FOR TRIAL

CASES FOR PROSECUTION AND DEFENCE HEARD Evidence for the prosecution and the defence was taken in the Magistrate’s Court yesterday, before Mr Raymond Ferner, S.M., when Kelvin William Francis Jones, aged 24, a butcher, appeared on a charge that on August 6 he assaulted Neil Francis Mahalm so as to cause him actual bodily harm. At the conclusion of the evidence, Jones pleaded not guilty and was committed to the Supreme Court for trial. He was allowed bail in his own recognisance of £5O and one surety of £co. Senior-Sergeant J. J. Kearns appeared for the police, and Mr E. B. E. Taylor for Jones. Dr. D. W. Beaven said that Mahalm was admitted to the Christchurch Public Hospital with a fractured leg and lacerations to the face.

Linton Barnard, the proprietor of the Civic Cafe, said that when the accused and his party came in, Jones was using obscene language. Witness asked the acused to leave the cafe. When the accused left, witness locked the door. Later, he heard someone Kicking on the door. His partner, who was in the kitchen, went to the door and the noise stopped. Neil Francis Manaljn said that shortly after m dnight he went with th ee others to the Civic Cafe for a meal. All the tables were occupied and they waited inside the door. One of the party opened the door to let a woman leave. He saw trouble at the door And could see that a fight was brewing, which he tried to stop by asking them to be quiet. He received a blow in the face from Jones, which temporarily knocked him out. When he came to his senses he found he had a broken leg. To Mr Taylor the witness said the discussion outside was between Lisle and Weavers over the payment for Weaver’s glasses, and he asked them to be quiet. He then received the blow n the face from Jones.

Charles Ross Weavers, a barman, said that he was cne of Mahalm’s “•arty. Shortly after their arrival at the cafe someone left. Before he opened the door for a woman to leave he had heard violent kicking on it. He was arguing with one of the men with Jones and Mahalm came cut to quieten things down. He saw Jones strike Mahalm a vicious blow. Mahalm ‘ried to defend himself. When he saw Mahalm later the latter could not stand up because his leg was broken. Dcnald Findlay, a clerk, who was with Mahalm at the cafe, said he saw k he two men fighting on the roadway .nd he telephoned the police. lan Trevor Grammer, a clerk, said he saw Jones strike Mahalm several times and one blow on the face ’•nocked Mahalm down. Mahalm was da2ed and his leg was broken.

Constable E. McLachlan, attached to the Criminal Investigation Branch, said he took Jones to the police stat’on. Jones had blood on his shirt and hands.

Evidence for Defence lan Ross Atkinson, a cabinetmaker, called by the defence to give evidence, aid that Weavers and Lisle were standing on the roadway hav’ng a discus:ion when Mahalm “chipped in.” Jones told Mahalm to go away and Mahalm hit at Jones and knocked him iff his balance. When Jones was lying on the road Mahalm was on top of him, screwing his fingers into Jones’s 'ace. Jones got up and called out for he fight to s op, because Mahalm had -ushed at him. As Mahalm did not stop, Jones began to fight also. A blow by Jones knocked Mahalm to the ground. Leonard Thomas Ditford, a machinist, gave corroborative evidence on Mahalm striking at Jones and of Mahalm having Jones down on the road. When Jones got up. a fight 'ollowed and this finished when Jones hit Mahalm and knocked him down. Ronald Maitland Lisle, a labourer, gave supporting evidence. Jones, in evidence, said that, when he told Mahalm to keep out of the argument, Mahalm made to hit him and then pushed him off his balance. Jones said he fell on the road and Mahalm screwed his hand in his face. He got up and told Mahalm to “cut it out.” but Mahalm would not stop and then the proper fight began. It ended when he knocked Mahalm to the footpath. Mr Taylor submitted that, on the evidence, there was no case to go becore a jury. The Magistrate said he would commit Jones for. trial.