GUILT PROVED

Evening Post, Volume CXXVI, Issue 69, 19 September 1938, Page 11

GUILT PROVED

ASSAULT CHARGES

A MONTH'S GAOL

.Pleading not guilty to assaulting John Bruce Murphy, and to assaulting Constable A. E. Ansell in the execution of. his duty, Robert Joseph Reardon, a labourer, aged 23, appeared before Mr. J. H. Luxford, S.M., in the Magistrate's Court today. Sub-Inspector J. A. Dempsey conducted the prosecution, and Mr. R. Hardie Boys appeared for the defendant. John Bruce Murphy said that he lived in the bottom flat of a bouse in Lawrence Street, the top flat being occupied by Reardon. On Saturday night he heard the defendant running up the stairs. Next he saw him on the verandah breaking witness's windows. Witness and his daughter were showered with glass from the main door panel. The defendant called to them to come out, or he would shoot the lot of them. He then switched off the lights and came into the house. Witness and his brother then chased the defendant, and finally caught him. When he was on the verandah, the defendant was throwing blocks of wood and boots through the windows at witness. The defendant was caught on the edge of the verandah, and a struggle took place axnohgst a litter of glass. The deiendant fell, five or six feet down a bank, and had to be dragged back. He seemed to be in a mad state caused by drink, although he did hot appear to be drunk when first seen. Cross-examined by Mr. Boys, witness denied knowledge of how the defendant received facial injuries. He also denied that, he and his brother gave the defendant a thrashing when they caught him. The struggle was for the purpose of holding the defendant until the police came. The defendant broke the windows apparently with the object of getting at the occupants of the lower flat. CONSTABLE KICKED. Maurice Raymond Murphy gave evidence along the lines of that of his brother, the previous witness. He saw the accused kick Constable Ansell. The accused appeared to him to be under the influence of liquor. Cross-examined, witness said that he and his brother did not "get a kit of their own back" when they, caught the accused. They held him for about twenty minutes until the arrival of the police. He denied, as did his brother, carrying a broomstick when pursuing the accused. A. collection of pieces of wood and a pair of hobnailed boots were then produced. Sergeant J. Edwards said that after receiving a complaint at 7.5 p.m. on Saturday he and a constable went to the house. He gave an account of the damage. When he went out of the house, he saw the defendant aim two kicks at the constable, who was holding him. One of the kicks connected. The defendant smelt of liquor, but witness was of the opinion that he was not intoxicated. Cross-examined, witness said that there were fresh marks and blood on the accused's face at the time of the arrest. . Constable Ansell also gave evidence. He watched over the accused when the sergeant went into the house. The accused kicked him several times. ; ;: In evidence, the accused said,that he saw the first witness in the Tramway Hotel. Witness had about four "handles" at the hotel. He denied breaking any windows- with a longhandled shovel. , When he was in the yard at the back of the house the Murphys attacked him with sticks, knocked him down, and kicked him. He was positive he did not kick the constable. He denied throwing any boots or pieces of wood, or making any threats. : Cross-examined, witness said that he had not worked for. some time, and that he was not drawing sustenance. The boots produced were not his. He did not hear the other occupants of his flat leave. Dr. L. A. Line gave evidence on the accused's condition when in the cells. The accused was sentenced to a month's .imprisonment on the first charge, and was convicted and discharged on the second.