ASSAULT CHARGE

Evening Post, Issue 13, 16 January 1936, Page 13

ASSAULT CHARGE

MAN HITS BOY

PENALTY FOR CHARITY

An incident in Burnside Street, Lower Hutt, on the evening of November 27 was related in the Lower Hutt Court yesterday, before Mr. H. P. Lawry, S.M., when William Ernest Millar, a carpenter, was, charged with assaulting an eleven-year-old boy. .Senior-Sergeant G. Sivyer conducted the case for the police, and Mr. C. R. Barrett entered a plea of not guilty on behalf of Millar.

Donald Allan Vernon Orr, aged 11, stated that on the evening in question he was playing a game called "hot rice" with other children in the street. Her bent down to pick up the racket and went to run away, but bumped into Mrs. Millar. He said he was sorry. Mr. Millar pushed his head between his knees and punched him on the back, after which he slapped him on the side of the head.

In reply to Mr. Barrett, the boy. admitted that Mrs. Millar had complained to his parents about hitting her children.

Stanley Orr, aged 12, said he told his brother that the Millars were coming down the street, but he accidentally bumped into them. His brother apologised, but Mr. Millar hit him. Why he told his brother to look out was that one of i the boys had knocked over a cement bag, belonging to Mr. Millar, prior to this. Peter Simpson,1 13 \ years, said that Mrs. Millar told Mr. Millar to "hit him" after Donald Orr had bumped into her.

William Simpson, aged 15, gave similar evidence. Mrs. M. Griffiths said she did not see what happened in the "bumping" incident, but she saw Millar hit the boy brutally. ■ Mr. Barrett said this was a street and family feud Or vendetta. The case was a trifling one. The Millars would say that the boys were watching them, and deliberately knocked into Mrs. Millar, who was in a precarious state of health* with considerable force. The boy also did not apologise. The boy's ears were boxed with an open hand. The prosecution was inspired maliciously. The defendant said he did not see the boys playing with a ball. They were watching him. One of the boys was bending down with a racket and stood up and knocked into Mrs. Millar, who in turn knocked against him and nearly sent him flying. He.asked the boy why he did it, but did not wait for an explanation, and grabbed him and boxed his ears. The defendant said the boy had "cheeked" him about half an hour previously, but admitted to the Magistrate, after cross-examination, that it was another boy who had annoyed him. After being sharply criticised for some of his evidence, the defendant was told by the Magistrate to stand down. "The next time you come here do not have so much liquor. The place reeks of it," said Mr. Lawry. Elizabeth Millar, the wife of the defendant, stated that the boy knocked into her deliberately. She did not hear the boy apologise. Mr. Millar did not hit the boy more than twice. She had spoken to Mrs. Orr twice and Mr. Orr once about the conduct of the children. The Magistrate said it must be obvious that the incident happened in the excitement of the moment. The' children did not intend to annoy the Millars or bump into them. It was an offence for children to cause congestion in a'street, and for this they should be cautioned,-but people must not take the :law into their own hands. If the- defendant paid £1 to a local charity and the Court costs he: would allow the case to be withdrawn. He granted an adjournment to see if his suggestion was carried out.