CHARGE OF ASSAULT

Evening Star, Issue 15268, 21 August 1913, Page 6

CHARGE OF ASSAULT

In the Police Court yesterdav, beforo Mr Widdowson, S.M., "Charles" Banwell was charged with assaulting Robert Dun-

Mr Hanlon defended, and Sub-inspector Fouhy prosecuted. Robert _ Duncan, painter, of Filleul street, said ho was an auxiliary member of the City Fire Brigade. At 10 p.m on the 9th inst. he was at the fire brigade station. He was in the building near the office. He was about to go homo, and heard a noise in the street. Two or thr~» of the firemen were there and two other men. He did not know the accused, and did not take any notice of the crowd Une ot the men was talking to the firemen, and wanted to fight. Witness stepped out and asked the man to go with him, and not fight. After they got about lo or 20 yards from the station witness remembered no more until he woke up in the Hospital next dav. Witness was quite sober. He could not sav if the man with him was sober.

Cross-examined: Witness had had tln-e drinks that night, He did not see anyone consume liquor in the station. He went to the station between 7 and half-past 7 <> clock, and had had no liquor before that. fhey had boxing- gloves in the station, but he had not had them on for three months. He did not get into an argument with Banwell. He did not interfere with Banwell, but asked him to R o away. He did not say to Bamvell: " Who do you say are like policemen?" He knew that as a rule the firemen did not "slina nr ff a " P f°J? Passing- He never struct* 01 attempted to strike Bamvell. He would not eontrad]ct witnesses who would sav he was out on the middle of the road. He did not remember Bamvell taking off hi 6 overcoat m the middle of the road. ILwould not sav that anyone who said that he sparred with Bamvell and struck tie hnn would be telling an untruth. If t was proved that he was in the middle of teingThere" """ ™ for Hugh Murray said lie was a permanent member c the Fire Brigade, aim Se at the station. He remembered the nigh of the 9tl mst . He was in the station, ZJ mU i\ an l T 5Vrd «"n™t™ on the j-ticet. He went out to the street, and heard Bamvell using bad language He eid not know the accused. He" heard accused say : "When you have got vour Uniterm on you re like the police." " Tlia ar . cused was wanting to fighb. Duncan'said to the accuseo that he was not a fireman, end asked him to conic along the road with him They were on the footpath" Witness followed them about 35 or 40 yards. Banwell and his mate and Duncan stopped. The next witness saw was buncan staggering from the footpath on to the roadway. He saw Banwell follow up Duncan and knock him down on the road Duncan got up, and seemed dazed. Then Banwell used his right and left hands, and Duncan went down again. Witness and two other men lifted Duncan and took him into the station. Duncan was bleeding very much at the back of the head and car. They rang up Dr Feraus, and Duncan was removed to the Hospital. Witness did not see Duncan strike the accused. Duncan was perfectly sober. Banwell's mates came back afterwards and asked for Fireman No. 9, whose name was Crow.

Cross-examined : Some of the firemen had fought with Banwell. Witness did not see any fight. From a remark made by a fireman witness followed Duncan and Banwell and his mate. Three men followed him. Witness had had a couple of drinks, but there was no drinking at the station that night, so far as lie knew. Adam Crow, a. permanent member of the brigade, said ho remembered the night of the 9th inst. Ho was in the station, and heard some talking on the footpath. Witness went out and saw Baiiwel] and his mates, and heard them asking for a fight. Witness told them to go away and not come looking for a fight there. Banwell asked witness if they had a room or a yard where they could have a light, 'the accused asked them for the best fireman for him to fight. Duncan 6t'epped up and said to Banwell: "1 am not a fireman. Come down the road with me." Witness stopped at the door, and Duncan and Baiiwcl went down the load, '.then Duncan seemed to go out on to the middle of the road, Banwell following. Banwell must have struck Duncan, because witness fiaw Duncan fall. Witness then went nearer, and saw Banwell strike, Duncan two blows, one of which knocked Duncan down. Three firemen attended to Duncan, and the accused came up to witness, and they fought. Banwell came back afterwards and asked for witness. Cross-examined : He did not know that accused and Duncan adjourned into the road to fight. They only went 25yds before tho row started. He saw Duncan knocked down and get up in an attitude of defence. The accused then came over to him and said: "I'll fight the best fireman." The accused's challenge was directed towards witness, and they set to work to fight. He knocked accused down twice, and accused said ho had had enough. They had another fight, and accused again said he had had enough. He had never known any of the firemen to get into an altercation with halfdrunken men who passed the station. William M'Dougall gave evidence to the effect that on the evening in question he was standing outside the call office at the station when tho accused's mate walked past, and a little later accused came up and stopped in front of witness. After some remarks accused took off his coat, and at this stage Duncan appeared on the scene and asked accused to put on his coat and go down the road with him, stating that he was not a fireman. Tho accused and his mate went with Duncan, and after going a fair distance one of them staggered into the road and then fell. Witness and Crow went along) and found that Duncan had been assaulted.

Cross-oxamined : The Fire Brigade Station was not a place to look for a fight, and he had never seen a fight nor heard a quarrel outside the fire station. David M'Lennan, who was in the signal office when the disturbance commenced, corroborated the statements of the other witnesses.

Dr Stewart, house surgeon at the Hospital, gave evidence to the effect that Duncan was admitted to the institution at 11.30 p.m. on the 9th hist. He had a scalp wound on the left side of the head, was bleeding from the left ear, the base of the skull was fractured, and he had a lacerated wound about the mouth. He was not unconscious, but was dazed, and could not give an account of how the affair occurred. It was lucky for Duncan that the fracture did not s*o through the large blood vessel on the base of the skull. He had quits recovered, with the exception of a slight temporary deafness of the left ear. Constable Kelly gave formal evidence- as to arresting accused. Mr Hanlon said that he did not propose to address the Court, as this was a case which should be taken before a jurv. He had two witnesses he intended to call in the higher court, and so that it could not be said that they were procured till after this case he would give their names to the police, in order that inquiries might be made. '

The accused was then' committed for trial at the next criminal sitting of the Supreme Court in November next. Bail was allowed in the accused's own recognisance of £IOO and two sureties of £SO each.