FIGHT IN BAR

Gisborne Times, Volume LXXIII, Issue 11837, 19 January 1933, Page 7

FIGHT IN BAR

WHO STARTED TROUBLE?

AJAGISTRATE CANNOT DECI L>l: AND DISMISSES CASES.

• Cn die gxuiynd that the evidence was .so contradictory that be was unable to decide who was the aggressor ill a light in the bar of the Albion Hotel on Christmas Eve. the magistrate (All - . P. H. Harper. S.M.) dismissed two informations which came before him yesterday. The defendants were - Henry Robert Willis and George Thomas Jolly, who were each charged with fighting in a public place, the bar of the Albion Hotel. Air. S. V. Beaufoy appeared I’or Willis and All - . J. S, 'Waudmp for Jolly. Seniur-Sevgt. V ade prosecuted .

A plea of not guilty was e"fercd i ll both eases.

George Thomas Jolly said he was a chamber hand at time frecz'ng works. On the dale in question, be was in tile bar of the Albion Hotel, and Willis asked him for 2s. lie refused and Willis used indecent language to him. They got into bolts,

and be was struck in the eye. being attended to by the wife of the. licensee. (heii Willis made another appearance ami again offered to light. To AD - . Wauchop: He was a . tree labourer and AN ilLis was a unionist who bad not gone back. He did -not owe Willis any money. He agreed there was feeling between O'c men at the works and those wlm bad not gone back. Air. Beaufoy objected to any line of cross-examination which tended to refer to the ill-feeling at the works. Afr. Wauchop contended that be had the right, and the Alagistrain upheld this contention.

Jolly. continuing, said be had three sons at the works. His age was 49. Willis was about 25. A\ ltness bad several children married. He had . lived in the district since be was tliree years of age. When Willm used indecent language and asked l° r money lie thought there would be trouble; AYillis later admitted that ho did not owe the money.

To Mr. Bcaufoy: He had only two or three drinks that day, and laid made no threats to ..Willis. Nolle of the other men in the hay but NViHis said a word. He admitted he might have pushed Willis over a barrel. Willis did not ask him for 2s for a "spot.” Henry Robert Willis, labourer, said that on the date named he was in the Albion Hotel. He was having ■a drink with friends and Jolly entered, apparently under the impression that no one would speak to him. Witness asked Jolly foi- 2s for a drink but he refused and used indecent language. Jolly, commenced to walk away,, but then, came h a ck at witness in an aggressive manner. Witness retreated backwards and fell over a barrel with Jolly on top of him , Jolly again offered to fight witness at .any time. Witness had been working at the works hut came out.” There had been a lot of trouble caused by Jolly. Jolly started the .trouble ,ip the Albion Hotel and kept it going. ..To Mr. Beaufoy; Witness had oiyly two or three drinks, but Jolly was under the influence of liquor. - .There [Was no ill/feeling between witness and the men in the.works. As a matter of fact, at the time of the assault, he was having a drink with men employed at the works. To Mr. Wan chop: He denied the assault and denied that he first used indecent language. .. .He had had no trouble with Jolly before. He admitted .that in many cases there was feeling between unionists and free labourers. He was 24 years of age. .He did not invite Jolly to go to the back of the Albion Hotel.

Alexander Waugh said he was witli a friend from Napier in the Albion Hotel at the time. He was standing between Willis and -one ot the hitters friends. Then Jolly came in, and used indecent language to Willis. Jolly walked away, but came bade and attempted to hit A\ ilHs, and both fell over a barrel. Two men separated them. Jony was the aggressor. Jolly was not sober.

To Air. Wauchop: He, heal'd noth ing of the 2s. The bar was. crowded

To All - . Beaufoy; Jolly was looking for Willis’ blood.

Harry Arnold Boniface, also ill the Albion Hotel bar on Die date named, said that Willis had laid a tew drinks and Jolly was not sober. TTe heard no ternaries hut, looking round, saw Willis backing with Jolly attempting to strike. Willis fell over a barrel and Jolly on top of him. Jolly was the aggressor.

To Afr. Wauchup: He lmd worked at. the freezing works hist, year but

not this season

The magistrate said the evidence was so contradictory that he was not satisfied who was the aggressor. Mr. Beaufoy contended that, as there were doubts as to the aggressor. . both eases should he dismissed. Alt - . Wauchop submitted that the magistrate should eolnider the probability of .each story.

Senior-Sergt. Wadi*, said the police could not decide who was telling the truth and left it lo the magistrate.

The magistrate said that, apparently. no good would result from adjouruing the case. . . It was certain that, there "'as ill-feeling between free labourers and unionists. if Jolly’s story in connection witli tbe use of the indecent language was true, then his action was justified, but h t > (tlic magistrate) was not absolutely satisfied on that point. The evidence was contradictory and the witness called' by Witlis indicated that Jolly was tile aggressor. There was no doubt that a fight had taken place, but seeing that.it was Christmas Eve both parties would probably be excited. He thereioi-o proposed to _dismiss both eases.