ASSAULT CHARGES

Evening Post, Volume CXVI, Issue 28, 2 August 1933, Page 9

ASSAULT CHARGES

PLATES OF FOOD THROWN

SEAMEN'S STRIKE INCIDENT

When sitting in a Manners Streot rostaurant one day last May a young man and a friend suddenly had plates containing food thrown at their faces. The incident happened, during the shipping strike, and in connection with it Robert Adams, a soainan, aged 30, was arrested. Ho appealed for trial in tho Supremo Court yesterday afternoon and today boforo Mr. Justice Rood and a jury. He was charged with assaulting Harold Leslie Birtles so as to cause him actual bodily harm. There was a further and alternative charge of common assault. • The case for the prosecution was conducted by Mr. P. S. K. Macassey, and Mr. F. W. Ongloy appeared for Adams. The evidence for the Crown was that "on May 5 Birtlos and another young man, Jack Hedley, signed on the Maunganui, which was lying at the Clyde Quay Wharf, as members of a non-union crew to take the vessel to Sydney. After coming off the wharf they were followed by.two men. Birtlos and Hedley went into a cafe in Manners Street Jo have a meal, and while they were there they noticed the two men who had followed them at the doorway. Shortly afterwards these two men were joined by four or fivo others. It was alleged that the accused then went through to the back part of the restaurant and told the proprietor and his wife that they were feeding "scabs" and not to supply them. The proprietor and his wife said that the two young men already had boon supplied. It was alleged that the accused, after meeting with no support in a request that the meals should be taken away from Birtles and his friend, together with one Of his companions went up to the table where Birtlos and Hedley were sitting arid asked them if they had signed on the Maunganui. To save trouble tho young men said they had not, but might do so in -tho afternoon. The accused and his companion, if was alleged, then took up ,the plates with the meals on them and thfew them in tho faces of Birtles and Hedley. It was alleged that Adam's threw the plate at Birtles, who as a result had to have a wound on his forehead stitched with five,stitches. Mr. Macassey, in outlining the Crown's case, said that when Adams was spoken to by the police he said he ,was at the restaurant but denied having taken part in the assault. A piece of paper found in his possession showed, it was contended, tfiat Adams was taking an active part iirthe strike. Asked if he was able to identify Adams as one of the men who threw the plates, Birtles said he did not recognise the accused. . Jack Hedley was definite that the acoused was the man who threw the plato of food at Birtles.COUNSEL'S TEST. Asking the accused to pat on tw6 different coloured overcoits, and calling into the Court three seamen, Mr. Ongley put tho witness through a test with a view to showing how.easy it was for anyone to be mistaken in the identity of a person.' Adams first of all put on a blue coat, and witness $iid that that was tho coat ho was wearing in the rostaurant. When Hedley was asktid which of the three men had brought the coat into Court, he picked out the man standing in tho centre, and Mr. Ongley pointed" out that this man had not brought tho coat into Court. Witness maintained, however, that the accused was the man who had thrown a plate nt Birtles. ./ His Honour commented *hat a man whose friend had had a plate thrown in his face would surely remember the person who did it. MargaretoOlive Yianakis, wife of the proprietor »of the Cafe de Paris restaurant, said she thought at the time that Adams threw one of the plates, but she could not swear to it. Replying to Mr. Ongley, witnes* said one thought Adams was wearing the light-coloured coat, (produced) and not the blue coat. . PERTINENT QUESTIONS. In answer to his Honour, witness admitted that she had discussed the matter of the coats, with "one of the boys yesterday." After witness's answer to a question from Mr. Macassey, his Honour commented: These unfortunate, people are terrorised, I suppose. Mr. Macassey: Yes, that seems to be tho real position. Anthony Yianakis, husband of tho previous witness, also was called by tho Crown, In answer to his Honour, he admitted that pome men saw him yesterday about his evidence, but later, to Mr! Ongley, he denied this. Mr. Macassey. asked Yianakis if hehad complained to the police about threats being mado about him. Yianakis said that a man came to see him and told him they were going to make his placo "black." Detective,E. H. Waterson said that when he interviewed Adams the accused said ho took no part in the assault. He said he had had some soup splashed on his overcoat, the colour of which was blue. Detective. Waterson, replying to Mr. Ongley,' admitted that he had said nothing about the colour of the overcoat previously. His reason for 'that was that he had not been asked. Similar evidence was given by Detective J. J. Long. THE DEFENCE. Adams, giving evidence, said he was .on his way to Clyde Quay Wharf when he saw a crowd- of tnen outside the restaurant and was told by them that there were "scabs" inside. He said he knew the proprietor and would go in and see him. As he was coming 6ut of the restaurant tho smash occurred, but he had no hand in it. Adam* said he was wearing the light-coloured .coat, and in this respect he maintained that the detectives had told deliberate lies. V James Fitzgorald, a seaman, said that Adams's object in going into the restaurant was to try to prevent any trouble. Adams was not wearing a blue-coloured overcoat. Roland VaugEan, a commercial artist, said he was in the restaurant having a meal, and he was positive that it was a group of men who had been sitting at a table opposito him who got up and went over to two men sitting on witness's left. He heard a crash, but did not soo exactly what, happened. Vaughan added that he thought the man who did the hitting was wearing a grey suit and cap. Robert Mitchie, another seaman, said that simultaneously with Adams coming out of the restaurant he heard a crashing noise inside. The jury retired at 12.45 p.m., and had not given a verdict at tho time of going to press.