SERGEANT ASSAULTED

Dominion, Volume 33, Issue 198, 17 May 1940, Page 12

SERGEANT ASSAULTED

Dairy Factory Worker Allowed Probation MAURICEVILLE INCIDENT In a trial that occupied the Supreme Court, Wellington, all yesterday Kenneth Stanley Clements, cream grader, aged 30, was convicted on a charge that ''with intent to do grievous bodily harm he did actual bodily harm” Io Mcrvyn James Francis Stinear. Mr. Justice Smith, who was ou the bench, admitted him to probation for t.wo years. The jury acquitted him ou an alternative charge of assaulting Stinear so as to cause actual bodily harm. The Grown Prosecutor, Mr. W. 11. Cunningham, conducted the prosecution, and Mr. A. M. Ongley. Palmerston North, appeared for accused. It was alleged that the assault occurred outside a hall in Mauriceville where a dance was being held on the day of the annual Mauriceville sports. Complainant, who was a sergeant stationed at Fort Dorse't, said he was spoken to offensively during the day by accused, and also at night. Accused took Stinear’s cap off and when Stinear retrieved it lie was assaulted. Stinear said he was three weeks in bed after the incident, and further medical treatment lo his nose was advised.

On accused’s behalf Mr. Ongley said the prosecution had attempted to show that accused had an anti-military bias, and his actions, which were really skylarking, had been exaggerated. Evidence would be given that the alleged remarks were not made.

Evidence was called by both prosecution and defence. After a retirement of 1 hour 35 minutes (be jury returned to ask the judge a question, and after a further brief retirement returned with their verdict. Before sentence was delivered Mr. Ongley asked Hint Clements be admitted to probation, saying that he was a married man with a child. He was a first offender, and was (he type of man who would be amenable to discipline, and not likely to come before the Court again. Remarking that he agreed with the jury’s verdict, his Honour said he was inclined to think that Clements had committed the assault partly us the result of drinking during the afternoon. But there was another serious aspect of the case; Clements had made aspersions on soldiers. It looked as though he had set upon the sergeant partly because he was in a soldier’s uniform. The pi-obation officer had reported that he had difficulty in recommending probation, but in view of prisoner's previous good character, he would give prisoner the benefit of the doubt and trust that he would amend his conduct. In addition to the usual terms of probation, prisoner was ordered to pay the costs of the prosecution. Before he left the box Clements asked if he would be allowed to enlist, to which his Honour replied that he had no doubt that the probation officer would allow him to enlist and go to the war.