ALLEGED ASSAULT

Greymouth Evening Star, 9 December 1912, Page 5

ALLEGED ASSAULT

AN OTIRA CASE DISMISSED,

, At the local court this morning, before Messrs F. Campbell and G. E. Perkins, Justices of the Peace, John Fraser Paterson (storekeeper of Otira), laid an information of a charge of assault against Arthur Oscar Warick, alleged to have taken place on the Ist December, near the Otira Tunnel Hall. The informant asked that the defendant he hound over to keep the peace as provided in “The Justices of the Peace Act, 1908.”

Mr. Joyce appeared for the informant and Sir Arthur Guinness for the defendant, who pleaded not guilty.

John Fraser Paterson, the informant, said he was manager of a store in Shirley’s estate at Otira. He was present at a union meeting on the Ist. December in the Otira Hall. After leaving the ball,, and as he was stepping off the verandah, the defendant said : “Paterson, I want a word or two with yon.” Witness replied “Certainly, Mr. Warick.” Defendant then said ; “I hear Mr. Paterson you want to knock my head off before I leave Otira.” Witness denied having made the threat anpd defendant said he could produce evidence in proof. Witness asked defendant to bring the witnesses to bis office, but defendant replied that be wanted it fixed up there on the tramway. Defendant said “Take off your coat and see who is the host man.” at the same time taking off his own coat. Defendant kept on provoking witness, who stated he had gone there armed for the purpose. Defendant gave witness a ‘push on the shoulder’ and said he had a good mind to hit him. There were about thirty to fifty men about, standing round, after the meeting.' Defendant gave witness two good nushes and witness stated lie had reason to fear the accused would repeat his objectionable behaviour. To Sir A. Ouinncs.- —Witness bad moved a motion that the meeting had no confidence in defendant as chairman. The motion was seconded and witness left the meeting as the defendant did not vacate the chair. Witness said he knew Ellis but bad never made a statement in bis presence that he would knock defendant’s bead off before the latter left Otira. To the Bench. —The exact words' he used to Ellis were “That lie (witness) was not afraid of Warick.

To Sir Arthur Guinness. — Defendant pushed him. and said “Yon.'’ meaning witness, “tantalise me; get to out of

this." Was struck twice; was not hurt, hut was humiliated before the crowd. Witness had struck persons in Otira after being goaded to it. Frederick E. v Simmons. labourer at Otira, remembered last Sunday week and was present at the Union meeting. After the meeting witness hoard defendant call Paterson. They had a lew words and Warick took off his coat. Paterson said he did not go there-for the amusement of the mob. Warick pushed Paterson twice. Paterson stood with his arms folded and did not attempt to retaliate. Patrick Gunn, miner, residing at Otira, gave corroborative evidence. To Sir Arthur Guinness.- —Did not regard the push as a blow. Paterson seemed to he following Warick up. This concluded the evidence for the nlaintii'f. THE DEFENCE. Arthur Oscar Warick said lie was employed as a shift boss at the Otira tunnel. In consequence of what Ellis had told him he accosted Paterson and asked him (Paterson), if lie had threatened to knock his head off. The informant denied ho had used the threat. Witness took his coat off and said. “If you are going to .knock my head off. do it now and not with sticks and revolvers.” Witness had no intention of assaulting the informant, but thought the time opportune to accost the informant. on statements lie said ho had intended carrying out. The informant closed np to witness and peered into his face. About nine months ago the informant had moved a motion that the witness was not competent to control the meeting. The motion being seconded, he pul it to the meeting, the informant walking out. Afterwards a motion was carried expressing confidence in witness as a chairman.

Robert Ellis, after having conversed with Paterson, stated be had said in a jocular wav to Warick that Paterson was going lo knock his (Warick's) head off. To the Bench.—Was not frightened of Warick and did not flunk he was a person who should he hound over to keen the peace. The Bench said the evidence was insufficient to convict on a charge of assault and dismissed the, application to have the accused hound over to keen the peace. Each side lo pay their own costs.