POLICE COURT

Ellesmere Guardian, Volume LXI, Issue 16, 27 February 1940, Page 3

POLICE COURT

INCIDENT AT LEESTON

CHARGE OF ASSAULT THE

SEQUEL

Arising out of ail incident which occurred at Leeston on Friday evening, charges, that he did use indecent language in a public pl^oc, ahd with assaulting Kebin McCabe were made against Malcolm Edward Bernard at a sitting of the Police Court at Leeston on Saturday morning, before Messrs G. W. Purser and W. Johnston J's.P. The accused, who was defended by Mr J. A. Scott, pleaded guilty to both charges. | Constable NeSbit stated that about 7.15 p.m. the boy McCabe was in charge of the sheep pens at the saleyards. A man named Gilbert was drafting; sheep ahd the accused was helping him. Bernard was attempting to put his coat on inside out; McCabe made some remark and the accused struck him. McCabe ran across towards the billiard i saloon and accused followed, striking him again and the boy fell into the gutter. Constable Nesbit said that when he came on the scene the accused was in a fighting mood and was using very bad language. K. McCabe gave evidence on s the lines of the police statement. He, added that he had offered to give Bernard a hand on with his coat but the latter resented the remark. Speaking on behalf of the accused, Mr Scott said that Bernard had a good character, had not been; in trouble before, and he was very sorry for what had occurred. He had been at Christchurch all day and had met a few friends and had some liquor. He returned to j Leeston by the evening train and' met another friend, with whom he had a drink of whisky, which lie was hot accustomed to drink. Mr, Scott suggested that it was this mixture of drinks which had put the accused off his balance and had resulted in actions which had brought him before the court. Because the accused bore a good character, had never been before the court before and was not a confirmed drinker, counsel asked for leniency.

Constable Nesbit said that he had never seen the accused with liquor before nor had he ever seen him in a hotel bar. He was a decent fellow with a good reputation.

The bench imposed a fine of £1 on the assault charge and £2 on the charge of using indecent language, the default in the case of the first being fixed at 48 hours and in the second at seven days. Arrangements were made for paying the fine.