TUAKAU SENSATION.

Franklin Times, Volume 9, Issue 690, 6 December 1921, Page 5

TUAKAU SENSATION.

ALLEGED ASSAULT.

AT RAILWAY .STATION.

THREE PERSONS CHARGED

|Bk.t the Pukekohe Magistrate’s ■Surf on Thursday, before Mr E. W. ■fcrbotn, S.M., John Patrick Barry, ■rman, who resides aft Grey Lynn, HRs charged! (1) that at Tuakau on Hpvember 16th, 1921, he used indejMnt language at the Tuakau Railway by saying “You are -a 9B) Oid assault Thomas Claude El■>tt by striking him on the shoulder Hfith a clenched fist; (3) Did obHruct Charles Thomas Reehal, a ■sjtionmaster at Tuakau in the exHution of his duty. ■ Defendant pleaded not guillty. H Joseph Havard, a labourer, of Grey Hynn, was charged with obstructing Re Tuakau stationmaster while in the Hcecution of his duty. I ■ Defendant pleaded not guilty. ■ Mr J. J. Bujtler, of Auckland, apMkaredi foil both defendants. ■ Sergt. J. T. Cowan conducted the Hroceedings on behal/f of the police. ■ Charles Thomas Reehal, stationmas■>r at Tuakau, said that on Novem-, K r 16th, 1921, he was on duty beBvveen five and six p.m. In the uo.ual ■ourSe the Auckland-Frankton 4 p.m. ■nd Frankton-Auckland 2.30 p-.ni. Brains cross at Tuakau. 'The former ■rain on this occasion whs lhfte. At ■bout 5,40 p.m. he was talking on the ■phone to- ascertain, whether the ■rains should pass at Buckland. He ■ben went out of the office with clerk fclitytte and stood opposite the office Boor. 'Shortly after Barry came up ■n them and stated Elliott was the Ban who had asked him for his name Rnd address the previous evening, ■witness told Barry • that in a ease ■ike this it was always advisable to ■rive Ids name and address te any Railway official. Barry remarked that Riad some liquor on November l'Jwi, ■but not on the. previous night. hit Riott .said that Barry had had a. few ■drinks the previous night, and: Barry ■asked how he knew, and Elliott, re-. |plied that he could smell it. Barry ■asked him if he could prove it, and Elliott said “Yes—jthe ‘witnesses were ■the railway staff.” Barry then told him not to concoct such ‘a btale. You b b— — ” He then threatened Elliott, and witness stepped in with his. face (to Barry, and told him he 'could not allow such, behaviour on a railway platform. Ihe language was repeated by Barry, who walked away, stating he would not go on the train. The train was now coming in. He next saw Barry join the train, and on witness requesting him to leave the train he didi so. Ha-vard-came on the scene, and sard he wouM hqt go on, unlegs Barry accompanied him. Barry was talking to his friends on the platform. Witness closed the platform gate. He gave Ahe guard: right away. Ha was s«.andW between Havard and the train, was pulling out Havard remarked: “Arer’t gn'ng tc allow me to get on the train.” Wit ness declined to allow him to do so, the train being in He assumed a threaten-incrT-attitude. Had witness been lnt there was nothing to prevent mm from falling under the (train. He was onlv a foot or eighteen inches the passing cars. After the train nad pulled out he was proceeding to the office to see if full train signals had been given, but was stopped by Barry and Harvard, the former putting Ins hands on him. He asked Barry toremove his hands. He first declined to do SO. Later he diJ, and witness proceeded t to the office. arrived shortly after and the two accused were handed over. To Mr Butler : Barry gave witness hjs name and address at the Tuakau Hotel the next morning. Harvard and Barry had mews than sufficient drink. There were some women about, the closest being 14 or 15 yards away.l he reason he declined permission to Barry to go on Jthe train was |that he was in a quarrelsome mood and would no doubt be a menace on board. When asked, Bany was quite walling to come off the train. Barry obstructed him in his duty by holding him up from cm rein? out his work. Havard threatened him by clenching his fists and shaping up. Thomas Claude Elliott, clerk, employed by N.Z. Railways, stationed at Tuakau, said he and Reehal were conversing on the Tuakau plaftform, when Barry came up ai d said to Reehal, 1 “This is the man who arrested me the previous night.’’ I have had enough drink now, but I had more last night, as my wife would not let us.” Witness replead! “You had had drink, but youw ere not drunk.” replied “I had none.” Witness said “You d/id, as I smelt it on you. I have a witness to prove t.”. Clerk Rhodes smelt it on you.’’ He then came in with the bad language, and the theory that the story was a concoction.. He corroborated. the evidence of the previous witness. Witness saw Barry catch the sjtationmasffer by both arms above tne elbows. The “take hold” was not friendly. Mr Reehal told Barry to take his hands off, and after a few seconds Barry did so. Havard came along and caught hold of the stationmaster’s arm with his left hand, clenched his right and Aiced i|t .a few inches from the Hltionmaster’s stomach, and said knock your b head off’’ In ■ylitness’ opinion had the stationmaster Keen “planted,” he would have fallen between the passing carriages. Some of Barry’is friends took Barry away, • and the stationmaster went to the office. Witness went to talk to some friends, and Barry ruhed in and said “You b I will kill you.” He aimed a blow at witness, which he tried to avert by stepping back, but which caught him on the shoulder. Havard, who was qtanding behind, did not allow him do go back any further. Barry then succeeed in catching witness with the open hands at the shoulder. He wriggled to try and get away, and he heard someone call out “Come on.” Barry let go, and witness’ brother “planted” Barry one on the nose. The police then arrived and took charge of fthe proceedings. To Mr Butler : Witness was told to get Barry’s name for an incidenc that

occurred the previous evening on the Auckland-Franktcn train. Tha guard pointed out Barry as the man who was pointed out to bias by the passengers as the cause of the trouble. He then placed Barry under arrest for alleged assault on two passengers, who quitted ,the train at Drury. He asked Barry to go along to the office with witness. He was on the way when he asked to be able to see his wife. Geraghty and MeGahan kept yelling out and telling him he was going too far Similar evidence to that adduced by the previous witnesses was given by Ernest Edgar Andrews, who was at the time of the assault a railway porter stationed at Tuakau. Maurice Cecil Rhodes, a railway clerk, stationed at Tuakau, also gave evidence.

Mr Butler contended that the evidence of the prosecution was grossly exaggerated. He claimed the railway officials had. overstepped the bounds of tact.

THE EVIDENCE FOR THE DE-

FENCE.

Joseph O’Donnell, a wharf labourer, sai-dl that on November 15th lie went down |to the station to meet some friends. He was confident Barry wsa sober. He heard Barry call ’Elliott, the clerk, a b liar. He detailed the events leading up ( to the alleged assault, to Elliotjt. Bmry came over to shake hands with witness, who was.married that day., and was off on his honeymoon, and tripped over a couple of portmanteaus. In falling he bumped up against Clerk Ell'iqtt, whose brother “whacked” Barry on the nose. He considered the whole affaiy was the outcome of the statement by Elliott the clerk, who said he smelt drink off Barry the previous nigbjt, when he requested to have his name and address. In bis opinion no offence was committed. ' , John Charles McGahan, farmer, at Tuakau, said: he was present at the Tuakau station, and saw the whole occurrence, but there was really not. ing take offence at. AM were excited. Harvard was waiving his arms about and' gesticulating. Witness was minding two bags. ana Claude Elliott were talking te mm. Barry came up and over the bags, putting his hands on Cladde Elliott. The latter xaced Ba*ry as Barry approached. He heard no bad language. William Ballantyne, saddler, Auckland, said he heard _ Barry say to Ellicytt “Are you satisfied now that the guard did not i dentify me. E - Mott saM “He did.” Barry implied “You are a b bar. _ At this stage the stationmaster intervened, and Barry told him he had nothing to do with it whatver. The .stationmaster declined to let Barry get on the train. Havard was there and he came off the train to see what was the matter. Havana became excited, and was throwing his arms about and gesticulating, but he did not assume a threatening attitude Bany went up to say good-bye to O Donnell, and tripped over some bags, and in doing so Tell on to Claude Elliott. John Patrick Barry, a barman o± Auckland!, said he could not drink much. A little knocked him over, but he had a few drinks on the day in question. He went down to the station to go away. He went up to Elliott and asked him what he. wanted the guard to identify him for. Witness said your a b— — Bar. -he stationmaster intervened and asked him whajt was wrong, and witness replied f “It has nothing to do with vou” The stationmaster replied that he would] not let witness go by the train. Harvard came along and asked the stationmaster why lie wculd not let witness go on the tram, pointing out there was nothing wrong with him. Witness went up to say gcod-bye to O’Donnell, tripped over a “bltessed” bag, and put out his hands to recover himself, and put them on someone whom he did not know- Turning arjound someone struck him on the nose, and wanted to fight. His nose bled somewhat, To Sergt. Cowan : The only language he used) was “You’re a h-—--liar” and this he addressed to Elliott. This was used somewhere near the ticket box. To the S.M.: He did not use bad language as a rule. The stationmaster was (telling an untruth when he states that witness used the word k This was a word he never used. Joseph Havard said that when tne stdtionmaster ordered Barry off the train he went out ,to try and peisuade 'the stationmaster to allow Barry to travel, but was unsussessful, and he was also prevented from going on board the (train. The stationmaster, re-called, said he did not remember Havard using any language to him. .Nor did n remember Havard catching mm and threatening fo knock his b hc3d Magistrate said! he did! not believe the tripping over the bag incident. He ordered Barry to pay costs amounting to £5 2s 4d, and Havarc costs amounting to 7s.

CHARGE OF ASSAULT DISMISSED.

A vouth resident at Tuakau, who was represented by Mr C O. Mahony, and whose name the Magistrate requested not to he published, pleaded rot euiltv to a charge of assaulting John Patrick Barry, by striking him on the nose with his clenched fist, hut ie admitted striking Barry. Evidence was given by Mr ->• Lapwood, who said lie knew defendant who was a well-behaved and well-conduqted young lad. He saw the disturbance on the ralvvay platform (detailed above). There was considerable excitement. He saw tali ott, the railway clerk, wade along the platform and saw Barry follow him. Elliott turned round near the gate, and Barry went up and struc.-c a blow at him. Defendant intervened, and landed Barry. This stopped the row altogether. The striking oi the blow ended the storm. It was (the only wise thing done that night. The case was dismissed. It might be here mentioned that the evidence of Mr Lapwood corroborated that of the witness Elliotin ithe previous case, but he was not called in that action.