PLACE A SHAMBLES

Gisborne Herald, Volume LXVI, Issue 20034, 5 September 1939, Page 2

PLACE A SHAMBLES

RESTAURANT FRACAS THINGS THROWN ABOUT TABLES, CHAIRS, CROCKERY THREE MEN PINED {Per Press Association.) AUCKLAND, this day. The Pearl Fisheries restaurant in Queen street was left a shambles after a fight there on Saturday evening, according to evidence in the Police ■Court, when three men appeared before Mr. W. R. McKean, S.M. They were Alexander Stewart Duff, aged 41, a labourer, Patrick John Byrne, aged 25. a seaman, and David Thomas Rowan, aged 25, a seaman. They pleaded not guilty to a series of charges. All three accused were charged with mischief by wilfully damaging two plate glass {able-tops, seven chairs, crockery and food valued at £lO. the property of Michael Marinovich. Byrne and Rowan were jointly charged with disorderly 'behaviour and fighting with Duff, who was separately charged with fighting' with Byrne and using insulting words. Slapped by Waitress A waitress, Queenie Miley, said that Duff started the argument. When she asked him to make less noise he replied with offensive words, and she slapped him across the face. Byrne, •who was sitting .with Rowan at the next table, got up and reproached Duir, and a fight started. A shop assistant, Marjorie O’Halloran, said that tables, chairs, crockery, sugar basins and sauce bottles, as well as food, were hurled all over the dining-room, which was full at the time. Constables Webb and Price said they found obvious evidence of severe fighting when they entered the restaurant. The proprietor, (Michael Marinovich, said that the restaurant had to be closed as a result of damage caused by the disturbance. Struck With a Bottle Duff gave evidence that another person not arrested started the trouble, struck Byrne over the head with a bottle and left before the police arrived. Rowan denied fighting with Byrne, and said he was unable to remember what happened after he was struck on the head with a bottle. He a 1.46 denied starting the fight. Sub-Inspector Pender said that Rowan had been convicted eight limes Since he arrived in New Zealand three years ago, and Byrne also had previous convictions for assault. Duff had been convicted on a maintenance matter.

On the charge of mischief each of the (accused was ordered to make restitution to the- total of £3 6s 8d and to pay 12s witnesses’ expenses. Duff was fined £2 for using insulting words, and Rowan and Byrne were each fined £2 for disorderly behaviour. Byrne was ordered to pay his own medical expenses. The other charges were withdrawn. The accused were allowed seven days to pay.