SATURDAY NIGHT AFFRAY

Evening Post, Volume LXXXIII, Issue 97, 24 April 1912, Page 8

SATURDAY NIGHT AFFRAY

MAN RENDERED UNCONSCIOUS. ASSAILANT PLEADS JUSTIFICATION. John Andrew Davis, a striker, employed at the Petono Railway Workshops, was charged in the Magistrate's Court, before Mr. W. G. RiddelL S.M., to-day, with having assaulted Archibald George, so aa to cause him actual bodily harm. Sub-Inspe«tor Shechan prosecuted, and Mr. J. J. M'Graxh appeared for accused. Evidence was given by Archibald George, a butcher, employed at Ngahu,uranga, to tlio effect that on Saturday evening last he, in company with sovoral other?, had tea at the Bodega. They left thtj restaurant shortly after 7 o'clock, anrl witness remembered nothing more until ho woko up at the hospital on' Sunday. Dr. Henry deposed to examiningGeorgo at the police station. Georgo was then in an unconscious condition, suffering from concussion of the brain. It was cjuito a common thing for persons suffering from such injuries to forget what had happened immediately before being hurt. Chas. Blackburn, who was with Georgo on Saturday evening, did not remember seeing George strike- out at Davis, ' but ho saw Davis hit George and knock him down. Harry Perkins, a member of - tho Thorndon Firo Brigade, alpo saw accused knock George down, but he had no knowledge of any happenings prior to tho assault. Sergeant Harvey stated that accused admitted striking George. At this stage his Worship reduced tho charge to one of common assault. \ Accused admitted striking the blow, but pleaded justification. Has story was that while having tea at the Bodega ho called out to the waitress, whom he addressed as "Darkey," to bring Eibme butter. _ George, who is a very dark-com-plexioned man, thought witness was alluding to him, and he immediately took offence, challenging witnepe to fight, j Even, after witness had explained that, he was talking io the waitress Georgo inviled^ him to "come outside." After finishing his tea George left the room, but subsequently returned, and again issued a challenge. Tho proprietors then came in, _ and asked the parties not to fight. Witness replied, "I don't want to I fight at aIL" When witness left th© restaurant, G-eorge and several others wore standing outside the door, and George j immediately struck out. Witnes6 blocked theblow, and countered with his right, felling George to the ground. On impulse, he ran away, but returned almost, immediately. Bessie Crotan, waitress at the Bodega, and George Little, a labourer, gavo evi.dence as to the happenings in the restaurant. They stated that there was an argument, and one of tho George's wanted Davis to fight. Little also stated that when Davis left tho restaurant ho was attackod by Archibald Georgo Hia Worship remarked that accused coukl consider himself lucky that George's injuries had^not been of a more serious nature. He was of the opinion that although there was some provocation, it was slight. The force used by accused was altogether too excessive, and ho would have to bo convicted. A fine of £4, with costs £1 13s, av&s. imposed. Mr. M'Grath asked that the fine bo increased in order to permit of an appeal, but the request was refused. Mr. M'Grath then asked his Worship if he disbelieved the evidence of Littlo that George attempted to hit Davis. His Worship replied that ho doubted very much if Georgo had made any such attempt. Duvis was allowed three weeks in which to pay the lines.