OIL-BURNING SHIPS

Dominion, Volume 16, Issue 89, 11 January 1923, Page 8

OIL-BURNING SHIPS

AN ANIMATED DISCUSSION WHICH ENDED IN ASSAULT The full story of a recent early/morning streets disturbance was related to Mr. W. G. Riddell, S.AI., in the Magistrate’s Court yesterday, when a sturdily-built man., named William Kininmonth, was called upon to explain why ho had assaulted Allan Shaw. Sub-Inspector Cummings conducted the prosecution, and accused was represented by Air. G. G. G. Watson, with him Air. J. Scott. A plea of not guilty wars entered. Case for the Police. Allan Shaw, an electrician, residing at the Albion Hotel, Courtenay Place, stated that at 11 p.m. on December 18 he met accused at the corner of Wakefield and Taranaki Streets. “We had a long conversation.” said, witness, “but I did not think that it would develop into an argument. The last thing were were discussing was oilburners in ships, and the next thing I remembered was awakening in-tho hospital tho fullowing morning. I must have been struck, but I had no bruises or anything about me.” Air. AVatson: Did you not hove a birthday or some celebration that dav? —“No.” Do you remember settling four bottles of beer before the disturbance took place?—“l don’t remember that.” . Did you know that accused was a free labourer? —“Ho told me that ho was an oil-burner.” Did yon know that his companion was a noii-unioniiit, too?; —“No.” Do you remember calling tho other man a particular kind of scab?—“l don’t think I did. Tho shipping trouble does not interest me.” Do you remember shaping up?—“l

would not shape up to two of them.” No: it would have . been suicidal. You don’t remember being struck, but tho next thing you knew was awakening in the hospital?—“l think it was the force of the fall, and not the blow, because I' had no marks on me tho next day.” Constable Johnston stated that at 1 a.m. on December 19 lie observed three men at the foot of Tory Street, engaged in what appeared to bo an argument When within some yards of the trio, witness, who was accompanied by Constable Muir, heard a dull thud, as though a, blow had been struck, -and saw one of the mom fall backwards from the curb. Tho three men were taken to the Taranaki Street station. Tho injured man was in a semi-conscious condition, and was later sent to the hospital. Accused admitted having struck Shaw. In answer to -a question bv Air. Watson, witness stated that he had noticed a faint smell of liquor about tho injured man. Dr. Janies Bruce Baird, house surgeon at the AVellington Hospital, stated that he had examined Shaw upon his admission. The man was suffering from a scalp wound and concussion, and was not discharged until four days later.

Cross-examined, witness expressed tho conviction that the wound would have been consistent with a man, not quite sober, falling on to a pavement. Charge Reduced. At this stage the Magistrate intimated that the charge would bo reduced to one of common assault. Counsel stated that summary jurisdiction would bo accepted, and that the plea of not guilty would be proceeded with.

Evidence was also, given by Constables Muir and Sullivan.

Tho Defence.

Opening tho case for the. defence, Mr. Watson said it was admitted that accused had pushed Shaw, with the result that tho latter had fallen on the pavement. He urged that in light of the provocation that led up to it, the act was warranted, and that there was an undoubted unreliability about the evidence of the complainant. Counsel submitted that Kininmonth was entitled to an acquittal. At a very late hour, continued Mr. AVatson, Kininmonth and Trotter, both of whom had had a certain amount of drink, were returning to the vessels to which thev belonged as non-union-ists, when they encountered Shaw, who, although under the 'influence of liquor, extended the men an invitation to come to his hotel to join in the celebration of his fortieth birthday, The offer of a free drink was declined. Kininmonth remarking that ho had “the goods” with him. After two bottles had been passed around, an adjournment was made to a small confectioner’s shop, whore a similar amount of refreshment was taken. “As tho shop was loft, however,” added counsel, “Shaw followed and renewed the argument anent the oil-burning ships. Ho called Trotter the most offensive and insulting epithet that may be used to a working man. and proceeded to shape up. Kininmonth pushed him, and ho fell on to tho pavement.” Kininmonth and Trotter corroborated counsel’s statements. The Magistrate expressed the opinion that had the complainant been sober at tho time the blow would not have knocked him down. He doubted wl cther accused had had sufficient provocation to act in the manner described. ' Kininmonth was fined £2, with the alternative of seven days’ imprisonment.