YOUTHS ASSAULTED

Evening Post, Volume CXXV, Issue 148, 25 June 1938, Page 11

YOUTHS ASSAULTED

"BROUGHT TROUBLE ON THEMSELVES"

Incidents in the 5.16 p.m. train to Upper Hutt on May 17 were related in the Upper Hutt Court yesterday, before Mr. H. P. Lawry, S.M., when Hugh Francis Pearson, a carpenterjoiner, aged 35, was charged with assaulting two youths. He pleaded notguilty and was represented by Mr. p; K. Bryan. ; William Bennett, an apprentice, aged 16, said that with three other boys he was playing cards in one of the carriages. He saw Pearson sitting on the opposite side. He and the other boys changed seats and they were jumping round quite a lot. Nothing was done deliberately to annoy Pearson'. When a matchbox was thrown against the window Pearson said: "1 have had quite enough of this," and hit them all. Witness was struck once, but he did not hit back. Franz was the only one who retaliated. In reply to Mr. Bryan, the witness said that he and his companions were accustomed to have some "fun" after the train left Melling. They sometimes wrestled and twice lit some film in the train. Some of the party might throw empty bottles at passing sheds. The guard had once spoken to them about their conduct.

Vernon Bruno Franz, an apprentice, aged 16, said that after his party had changed seats he was wrestling "with another boy. He asked for a match, and a box was thrown at him. Someone also threw an apple core. Pearson said: "I have had enough of this nonsense." He cuffed witness and then 'the others. Witness hit back, but was;struck several times. He did not provoke Pearson.

Constable F. J. Williams said that when he saw the.boys at the station Franz.had a cut above the eye and a bleeding' lip. He produced a statement in which Pearson said the boys were laughing and joking, but did not make any remarks. One of the boys started pushing his seat. Then a matchbox came over and landed beside him. He gave the boys a cuff. One boy stood- up to him and he hit this boy several times until he quietened down. These boys usually had a bottle of lemonade, which they threw at a shed when it was empty.

Mr. Bryan said his client admitted the incident and was perhaps technically guilty, but there was undoubted, provocation. Pearson might have called the guard, but others had followed this course without success.

Mr. Lawry fined Pearson £1 for assaulting Franz and convicted and discharged him for assaulting Bennett. He said he would not allow the boys' expenses, as they had brought the trouble on themselves and it would have served them right had they been prosecuted for disorderly behaviour.