Assault Charge Against Horse Trainer Dismissed

Press, Volume XCIII, Issue 27883, 3 February 1956, Page 9

Assault Charge Against Horse Trainer Dismissed

MAGISTRATE’S COURT

A charge against Allan Bede Holmes, a horse trainer and farmer, of Yaldhurst, that he assaulted Alice Maud Davidson on December 27. was dismissed by Mr Raymond Ferner. S.M., in the Magistrate’s Court yesterday.

Sub-Inspector J. C. Fletcher prosecuted, and Mr R. A. Young appeared for Holmes, who pleaded not guilty. Clyde Newell Mitchell, aged 11, said that he and his mother had been living at Holmes’s house where his mother, Mrs Davidson, was housekeeper. He gave evidence on Holmes's boys causing trouble when he was trying to milk the cow. His mother took him into the house and was giving him his meal in her bedroom. Holmes said that if he had not

“the guts to have his meal at the table with the other boys’’ he would not get any. Holmes kicked the door of the room and when his mother went out a fight started. He saw Holmes kick his mother once or twice. His mother told him to go for the police. Alice Maud Davidson, a married woman, at present residing at Ashburton. said she was formerly * employed by Holmes as housekeeper. On December 27, Holmes came home about 5.45 p.m. He had been drinking. He was a nice man when he was sober but when he drank spirits he was a changed man. He told her boy to milk the cow and her boy said he would give it a go. The other boys made fun of him and Holmes egged them on. They pulled the cow’s tail and make it kick. She took her boy into the house and he was having his meal in her bedroom when Holmes walked in. She said it was her room: they would be leaving that night but till then he was to keep out. He punched her on the face and then swung her out

into the kitchen, punched her on the face and body and knocked her on to the floor- She told her boy to telephone the police but Holmes told his boys to prevent him. She broke a window with her shoe to try to distract them.

To Mr Young, she said she returned to Holmes’ the following day with Sergeant Morrissey to get some of her clothes. She was black and blue all over. The day after that Holmes asked her to telephone him on the Friday about coming to an arrangement. She went to Holmes’s place on December 30 with her uncle, named Price. The latter had an agreement written out which he asked Holmes to sign. Price did not say to Holmes that unless he paid witness £250 he would do three years in prison. Holmes had said he would make any settlement to keep it out of the hands of the police. The £250 was to compensate her for doctor’s expenses and loss of employment. She got a cheque for £75 on account, the balance of £175 to be paid later. Doctor Keith Michael France said he examined Mrs Davidson at 7.45 p.m. on December 27. He could find no marks on her jaw. There was a bruise on the back of her left hand, and a bruise on each elbow.

To Mr Young, witness said that with the exception of the bruise on her hand and an injury to the foot, her injuries were trivial.

Audrey Elsie Amos, a police constable, said that Mrs Davidson called at the Christchurch Central Police Station at 9.40 p.m. on December 27 and alleged she had been assaulted. She had bruises on her arms and legs.

Mr Young said it was unfortunate that the defendant should be Allan Holmes who, through one thing and another, had been in the public eye for a number of years. He would say that there had been some trouble among the boys over the milking of the cow and that when he told Mrs Davidson to bring her boy from her room to the table she threatened to kick him and he had to restrain her. Holmes was particularly concerned that there should be no police prosecution. He knew something of Mrs Davidson. that she could lay an information and he might be convicted and so be disqualified from trotting and lose his livelihood. Holmes would say that he only paid the money because of threats. Mr Young submitted that the marks on Mrs Davidson’s elbows were consistent with her being held and not assaulted.

Alan Bede Holmes said that when Mrs, Davidson took her boy and the boy’s meal to her room witness told her to bring the boy back to the table. Mrs Davidson pushed him away from the door and made to kick him. He pushed her back and moved away. She followed him into the room where they had their meals and said she would kick him. She put her foot through a window and said he could pay for that too. He did not assault Mrs Davidson.

“I regard the evidence by and for the complainant with very considerable reserve.” said the ‘Magistrate. “The circumstances have been used to extort payment of £75 and a promise of a further £175. That there was an altercation stemming from the teasing of the boy I have no doubt. That Holmes put hands of restraint on the woman I have no doubt. But her story has lost nothing in the telling. The doctor’s evidence is that her foot was cut by glass and his evidence does not at all support her story of extensive injuries. The injuries do not indicate more than the restraining of an excitable woman. I am not prepared on this evidence to convict the accused.” PRISON FOR THEFT George Avramides. aged 21, a steward, appeared for sentence on a charge of stealing 12s 6d, the property of Raymond Noel Gilbert. In imposing a sentence of three months’ imprisonment, the Magistrate said accused had hardly entered New Zealand in 1952 when he embarked on a series of crimes. He had been charged with theft and after being granted probation had served a period in a Borstal institution. Half the time he had been in the country he had been under the supervision of the Child Welfare Department or under some other kind of control. “The country could well do without you, and I will recommend to the Minister your deportation,” said the Magistrate.

THEFT FROM CARAVAN William Thomas Crocker, aged 64 a labourer (Mr W. G. P. Cuningham), jointly charged with James Charles Williams. aged 61, a bushman. and Nellie Erina Williams, aged 36 a housewife iMr G. S. Brockett), was sentenced to three months' imprisonment. The other two were admitted to probation for a period of one year and ordered to make restitution of the sum of £lO ss. They appeared for sentence on charges of stealing from a caravan blankets, radio, and other material of a total value of £BB Is. the property of Edwin Miller Rix. The Magistrate told Crocker that he was an inveterate thief with a long list of previous convictions and apparently no disposition to mend his ways. n T To - N e l lie an d James Williams the Magistrate said they had not been previously convicted, a fact which came to their aid on the present charge but if they associated with men like Crocker, disaster would only follow. PRISON FOR HOUSE BREAKING Alan Stuart McClintock (Mr B. McClelland) appeared for sentence on 17 charges of housebreaking. Mr McClelland said McClintock was only 21 years of age. although he had a long list of offences. He was not

altogether to blame for he had a family background that did not help him. In an emotional crisis he had resorted to drink and this was the cause of the whole trouble. Given normal living conditions he might yet behave in a manner which would make him into a decent citizen. The Magistrate said McClintock appeared on 17 charges, all committed as a series of crimes. He had been before the Court regularly ever since he was a child. He had had his opportunities, including a period spent in a Borstal institution. The time had come when accused must bear the full responsibilities of his actions. McClintock was sentenced to six months’ imprisonment on each charge, four terms to be cumulaitve, a total of two years. (Before Mr Rex C. Abernethy, S.M.) ACCUSED DISCHARGED William Leslie Campbell, aged 32. a labourer (Mr A. Hearn), pleaded not guilty to a charge that he assaulted Melva Joan Campbell on January 29. When Mrs Campbell went into the witness box she said she did not wish to give evidence against her husband. She told the Magistrate there was a chance of a reconciliation. The accused was discharged. LICENSING CHARGES DISMISSED Charles Desmond Reid and Douglas Walter Le Comte, who were represented by Dr. A. L. Haslam, pleaded not guilty to being on licensed premises, the Shades Hotel, after hours on December 3.

The charges were dismissed. The defence was that only Reid had been on the premises and he had gone there to see a friend who was a lodger. Andrew Kyle, licensee of Shades Hotel, for whom Mr W. F. Tracy appeared, pleaded not guilty to a charge

of failing to admit the police to the hotel on December 3. The charge was dismissed. MISCHIEF

Kenneth Charles Plimmer. aged 50. a service station proprietor (Mr W. F. Brown), pleaded guilty to a charge o' committing mischief by wilfully damaging a tree to the extent of £5, the property of William Francis McArthur, on December 19. Senior-Detective J. B. McLean said a tree had been cut down on a property on Harewood road, and when approached. Plimmer had taken full responsibility. Mr Brown said that although Plimmer had accepted full responsibility for the damage done, one of his boys had in the first place suggested taking Ihe tree home for the younger children. Plimmer had offered to make full restitution, but the offer had been contemptuously refused. He asked for ■ suppression of the name, for had it : not been Christmas time and had he not given way to a boy's suggestion, he would still have maintained an unblemished record. Suppression of the name was refused and Plimmer was fined £8 and ordered to pay costs. ASSAULT CHARGE DISMISSED Stanley Phillip Mauger, a maltster (Mr H. S. Thomas), pleaded not guilty to a charge of assaulting George Ned Woodbury, at Sumner on January 12. The case was dismissed. The Magistrate said he preferred the defendant’s story to the evidence of Woodbury. There was provocation on the part of Woodbury. In the circumstances he was not prepared to accept a charge of assault. “The only thing that disturbs me is that defendant gave a fair amount of punishment,” he said dismissing the charge . THEFT OF DOOR SPRING “These two men have . admitted taking a door spring from the men’s toilet at the Tivoli Theatre on January 24; they had been drinking all morning, though they were not drunk, and had not been to work,” said Senior-Detective J. B. McLean, when prosecuting in a charge of theft of a hydraulic door spring, valued at £5. against Eric John Prewer. aged 25. a steel erector, and Walter Harold McDonald, aged 34. a painter. The door spring was the property of Kerridge Odeon Theatres, Ltd. They had also admitted attempting to steal a hydraulic door spring from the Avon Theatre on the same day. but had been disturbed by a man before taking it, Senior-Detective McLean said. The men were remanded to February 9 for sentence. Each was allowed bail of £5O and one surety of £5O on condition he reported daily to the police. DRUNKENNESS John Albert Edgar, aged 45, was fined £2 in default four days imprisonment on a charge of being found drunk in Manchester street. FAILED TO PARADE

Brian Vincent Mangan was charged under the Military Training Act, 1949, with failing to attend military parades on October 8 and December 19. 1955 He was fined £3 on the first charge and £5 on the second. REMANDED Frederick John Painter, a labourer, aged 46. was remanded for a week on a charge of stealing a bicycle valued at £25. the property of Robert Sherman. He was remanded for a week. On a charge of unlawfully converting a motor-cycle, valued at £250, on February 1. Abel Tuhu Ruru, a ship’s fireman, aged 27, was remanded for a week. The motor-cycle was the property of Salisbury Motors. Ltd. Bail of £lOO and one surety of £lOO was allowed. He was ordered to report to the police daily. Two young men who appeared on an assault charge were remanded to February 9. An interim order for the suppression of their names was made and bail was allowed. A charge of theft heard against a young woman was adjourned for a week and on the application of her counsel the Magistrate made an order for interim suppression of her name. Bail was allowed.