A STREET FIGHT.

Gisborne Times, Volume XLIX, Issue 4953, 21 August 1918, Page 6

A STREET FIGHT.

BOTH MEN CONVICTED. OLD OFFENDER FOR BAD LANGUAGE. Two men named James Smith, ■_ a native, and George Miller, alias Darcy, were charged before Mr J. S. Barton, S.M., at the Police Court yesterday with threatening behaviour in Gisborne on Monday. Smith pleaded not guilty and Miller guilty. Sergeant Clarkson said that both men were fighting in front of the Masonic Hotel.

Constable Henderson said that at 2.40 p.m. on Monday he was on duty in Gladstone road. He heard a disturbance, and, on looking round, saw the two defendants fighting. Smith fell t-o the ground but rose and the fight was resumed- Witness pulled both men apart. Constable Fischer came along and look hold of Smith who was trying to get at Darcy whom was holding by the neck’. There was a slight cut and blood on Smith’s nose, whilst Miller’s upper lip was bleeding slightly. Replying to Sergeant Clarkson witness said that he understood that Miller was the aggressor. The Magistrate: What made you think that? Witness: From what I heard.

Witness further stated that the fight had just started when witness got to the scene. Constable Fischer corroborated the evidence of Constable Henderson. A s far as he could learn from conversation Miller was the aggressor. The Magistrate: That is hearsay evidence. . Sergeant Clarkson said that he had been informed by a constable that ill-feeling had previously existed between the parties. One of the men, Smith, was willing to give evidence against the other man. There was* nothing against Smith but there were previous convictions against Miller. Miller was charged with theft at Wellington, obscene language and assault at Te Tvuiti, keeping liquor for sale in a proclaimed area at Raetihi, supplying natives with liquor and other* offences. The defendant admitted the offences alleged against him. Miller said that he was on his way to the Defence office. He went into the Albion to have a drink and Smith struck him. He said he was not creating a disturbance, and leaving, went to tbe Masonic Hotel. Vhile there Smith again came up to him and struck him. Smith alleged that he was abused by the other defendant in the Albion and again in the MasonicThe Magistrate said he had no evidence to cause him to make anv distinction and each defendant would, be lined £3 and 2s costs, with the alternative of three weeks’ lmpnson- ,» The application of Miller for time in which to pay the fine was ref°Mdier was also charged with using obscene language arising out ot the dispute, between he and Smith. He pleaded guilty to the offence Sergeant Clarkson, said that the language which formed the subject or the B charge was used at the time of the threatening behaviour and afterwards There were the usual. number of passers by at that time in the afternoon. ~ „ , r The Magistrate said that one oi the functions of the Court was to render the streets safe and proper for their wives and children. On the occasion in question if seemed to have been a contributing factor to the breach of the peace. He would be fined £lO or three months imprisonment with hard labor, the sentence to run concurrently with the other sentence.