ALLEGED ASSAULT

Gisborne Times, Volume LXXIII, Issue 11841, 24 January 1933, Page 7

ALLEGED ASSAULT

FREE LABOURER'S JAW BROKEN XMAS EVE S INCIDENT. FOUR MAORIS COMMITTED FOR TRIAL. } . — ... ~ /As a sequel to an alleged 'attack, on a free labourer .named James Dalrymple, on Christmas;.Eve, four Afnori youths appeared in ihe Magistrate’s Court yesterday on a charge of having allegedly assaulted Dalrymple so as to caiisc him actual bodily harm. The accused were John. Kingi, 23 years of age; Meni Knfcipa, 23; J oe H<-era Tupara, 26; and Tommy Ahuriri, 23. After a lengthy hearing the accused, who pleaded not guilty were committed for trial at the next, sittings of the Supreme Court in Gisborne.

Mr. S. V. Reaufoy appeared for Kingi and Katipa; AH. 1.. T. Barnard for Tupara ; and Air. A. Whilehead for Ahuriri.

Detective McLeod, who prosecuted, outlined the case for the police. Dr. Kahlenherg said that. about 8.45 on Christmas Eve, .Tames Dalrymple called on. witness at his surgery in Childers road. Tie was ac-

companied by another man. Dalrymple said be bad boon assaulted, and he was bleeding from facial injuries. On examination he found Dalrymple

had a cut over ono eye and a broken

jaw. and witness, ordered his removal to Conk Hospital. Dalrymple may have bad a few drinks but could not bo said to bo drunk. '' TTc bad admitted to witness be bad bad a few drinks and said that throe men bad taken to hint over the question ok free lahonr. Witness talked to him his questions quite sensibly. On receiving the ticket of admision to Cook Hospital, Dalrymple walked away.

To Mrr'BhaufbyT-Wfrnes?: examined

Dalrymple at 8.4.5. There was no question of the man being drunk. Ho agreed that- in some cases a shock

•wOnA'd sober a man up.' J)f4pmhf'r 2-1, ho was home surgeon at Cook Hospital. Ho know Dnlrymplc and remembered the occasion of his admittance. Witness examined him and found ho was suffering from a small lacerated wound over the left

eyebrow, a hlaek eye. and a fracture of the jaw. There was no question of drink on Dnlrymplc. He was quite sober. He was a patient in the hospital for some'week's. James Dnlryitfplo.yn married man, said he. was' a butcher employed at

the KniH works' and resided in Upper Fox street. On December 24, he was in company with Day Drown and Fred. Calloway, who wore also butchers at the works. TTo and the other two were free labourers. At about S o’clock that evening: they went to a convenience at the hack of the Albion Hotel, and, coming; out of there, four Maoris came up, one of whom called them “h and scabs.” Witness did not know who it wn«. They surrounded witness, and he said “Who's a h ?” He was then struck on the hack of the head, and he fell. He was unconscious and dul not remember any more until he was picked up by Galloway. He was picked up at a water tap some distance away from where he was attacked. He did mot know how he got there. He came out ,oik % right-of-way to Gladstone road .And: then: he met a friend and they woiiUHiofoss ; to Mr. Mann’s chemist’s shop. Mr. Mann advised him to see a doctor. They got a taxi and .went to Dr. Kablov berg’s, and he was ordered to hospital where lie remained three weeks. >, Witness, continuing, said he gave Ijc; assailants absolutely'no cause for attack; in fact, he thought they had made a mistake, no did not know the Natives. He had had a few drinks in the afternoon but was quite, \ sober. To Mr. Barnard-: He-denied that bo and the two men with him had a bottle of beer, and also that the, Manns had askerl for a drink: and had been refused. He denied- that his party had first called the Maoris h—• Kingi had n brother at the works. Free labourers went into the works and were termed ; sealw hut the others were forced m. Ihe majority of the union butchers wore hack in the- works now. He did know Mr Barnard said that Tvmgi no brother at the works. There was a man named Kin.i there. Witness said he could produce w witnesses who would say la - man who visitc#. Kingi’s ., r " To Mr. Barnard/: TTe catching anyone by-the op} lay or tie,.

Uvas be ever in bolts with one of the

Natives. Ho denied that he struck anyone.

To ,Mr. Wh'iteljead; He denied tha t after being knocked down he rose again and went after one-of ihe four accused, and was then struck. . When he came to consciousness he saw Galloway, who had also been knocked about. Ho' never at any time showed fight-.

To Detective McLeod: Kingi’s brother, who is a butcher at the works, came to see witness' at the hospital. He knew this Kingi. He came and said he had been visiting; Kingi nt tile- prison, that Kingi said lie was sorry ip bad all happened, and that he had said ho had never seen witness before find .did not. remember him. The Maori minister also saw him on behalf of the' accused. Re said he had been down to the prison and bad just come away, and that the accused had told him they were very sorry if had happened. The accused, Ahuriri, was not then in gaol. The use of the word “scab" bad owm been carried into the hospital and the doctor had had ro speak to two of flip patients.

Frederick Galloway , a butcher working at Karri and residing in Fox street, said that on Xmas Eve he intended going to tea bur missed the 6 o'clock bus. About eight o’clock he and the other two went to a convenience at the rear of the Albion Hotel and coining out met some Maoris, one oi whom said,‘“Ton scabs and b Witness and the other two .were talking when the Maoris came out at the back of them. Dalrymple asked them who, called him the offensive names, and he was struck by one of the Maoris, who all gathered round. Witness went to his assistance, picked him up, shook him and dragged Him over to the water tap. hie doused Dalrvmple's face and left him standing, holding on to the tap i a a stupified manner. Witness thought he was ' ML right- and went to the corner where the Maoris had moved. He asked them which man had struck •■Jimmy'-'. There-was no reply, but- witness r was .struck by one of the Maoris, hie went down to the ground with one of the Maoris on top of him. He was punched again and he went- ‘'out’', being picked up by a, person he did not know. When he got- to his feet he saw Dalrymple on the ground again by the water-tap. He thought the Maoris had gone. He, and others assisted Dalrymple to .Mr Mann’s chemist shop. Witness, continuing, said neither Dalrymple, Brawn or himself gave the Maoris any cause for the assault. There was no one else present hut the parties concerned. He had not seen, the Maoris before and would not know them again. To Mr Beaufoy: He did not- inform the police that the men who attacked him were unionists who- had refused WfOrk at the Haiti works. He could give no reason tor the Maoris’ offensive language. To Mr Burna.rd; They had intended to have dinner at the Coronation Hotel after they had missed the bus, hut the proposal,was rejected. Witness resided with Dalrymple, who was. his brother-in-law. To- Mr Whitehead : He and the other two were chatting in a group when the Maoris appeared. Dalrymple did not approve of the remark made neither did witness, hut he was not looking for trouble. Dalrymple also was not looking for trouble. They had no-bottle of beer. : No Natives asked witness or the others for a, “spot.” He denied that he or Dalrymple started the trouble, which (was caused by the language of a Native. That was the reason Dalrymple jumped into the trouble. Ho repeated that none of them gave the Maoris the slightest reason for- the attack. He heard one blow struck hut did not see Dalrymple fail to the ground, as he had his back to Dalrymple. Everything happened so suddenly that he had no time to help -Dalrymple., Why he questioned the Maoris was to see the one who hit Dalrymple,; hilt he Was'hit before he knew where he was When Dalrymple was Struck the Maoris were around him, hut no Maoris (were .between . witness and Dalrymple. He j was certain the Maoris surrounded Dalrymple. ;He was about three paces from witness and Brown was, alongside witness. Dalrymple had stepped out to ask whom they palled offensive: names. Ho eopld ?nott- explain how when Dalrymple faced the Maoris he was. struck on the back of the bead and received a blade eye. He may have got these injuries and the broken jaw when ; witnpss had-his back to him. None df them had their coats off, not even' one of ; the Maoris. ,He • thought all’-the Maoris were acting offensively in a- bunch. He-had only two drinks

in the Coronation Hotel. They started at the Masonic where they had two drinks. They had no drinks in the Albion Hotel.

Roy Hamblyn Brown, a. butcher, at the works, residing at Puha, .said he cargo into, town on December 24. During the morning he had a. fair number of drinks and in the afternoon went to the pictures. After the pictures came out he came down town, and met Dalrymple and Galloway. They went- to the Coronation and two or three drinks tliere. It went the rounds. They left the Coronation at 6 o’clock, and stood talking for quite a long time. Dalrymple then talked about catching the bus to get home for tea. About S o’clock they went to the back of the Albion Hotel. They saw the Maoris, one of whom called them a h *-. Dalrymple wanted to know who said that, hut had hardly asked the question before ho ,wn s knocked down. Witness knew Katipa. When Dalrymple was knocked down there was an argument, and Galloway asked who hit Dalrymple. At the same time Katipa caught hold of witness, and told him to come out of the fuss. Witness asked him to- let him go and stop the argument and he did so. They went to the others on the ground, pulled them apart, and then some other pnkehas came along and helped to settle the argument. Galloway and two of the Maori s were on the ground. Dalrymple at that time was’at the water tap, where the others were trying to patch him. up. Ho did not -know the names of the other Maoris. He recognised two of the accused in Court. Witness then rang up a taxi for, Dalrymple. The man who assaulted Dalrymple was Hoera. Mr Beaufoy: Have you discussed this evidence .with Dalrymple?—No. Nothing at all ?—Nn. A few minutes ago I was walking alohg the passage,mid saw you and Dalrymple talking, aucl heard the words, "Four o'clock". What did that mean?- —.1 -think you are- mistaken.. But you did discuss the case with Dalrymple,?—No. But 1 say you did?—! didn’t. But 1 still say you did. I heard you. —Do you call me a liar?

Ales. What wore you discussing with Dalrymple a few minutes ago when, four o'clock was mentioned ?—1 still, think you are mistaken. Were von in Court this morning when the magistrate made an order that all witnesses should leave the Court and remain beyond the hearing of evidence?—l was, and 1 went outside- and waited where I was told in wait. Vou heard some of the evidence? — Nothing that mattered. You heard some of the questions asked by Air Whitehead?—l couldn’t hear all Mr Whitehead said. J heard a word here and there. And you still say you didn't mention '•four o’clock”?—Yes. To Air Bernard: He was not in the company of the other two from the time he loft the Coronation till the time of the assault. He was with them the best part of the time between 6 and S. He did not- know anything about the buses. ' Dali-ymple and -Galloway may have gone over to the Albion Hotel within fifteen minues of corning out of the Coronation Hotel, but witness went up town. He joined the other two later near the Coronation. Dalrymple became involved in the trouble when he stepped forward and asked who had used the offensive words. He did not eaten hold of some of Katipa’ s clothes. He dief not liear any Natives’say, “Why pick on me?” and “Ton’vc picked on to the wrong man.” To Mr Whitehead: Katipa- was apparently acting as a peace-maker. The three pakehas were in a group having a conversation for some minutes. Then the Maoris came along. Ho and the- other two were standing close to each other. When the. Native made the offensive remark, Dalrymple stopped away. If the remark had not been passed by the Maoris nothing would have happened and wit ness would not be in Court that day. The Natives had passed the three ni them and had pulled up when Dalrymple stepped up and asked who used the offensive words. Ho R aw the'•actual blow struck. Hoera. struck Dalrymple two blows-—one on Hie jaw on onh side and the other on the -other side— -a left and a right, and Dalrymple was knocked out. If Dnlrymjdo said he was hit at the hack of the head and that- knocked him up that might be true, but- witness did not seo that blow. He heard no Maoris ask for a drink.. The next he remembered was that Galloway asked .who had hit Dalrymple. Detective McLeod.ftave'evidence as to ' interviewing Katipa, and asked him' if! he wn s in company with-the three ATaoris in the Albion Hotel. Ho

asked whom the Ala or is were ah d was told the names of the three others in the dock. In reply to questions he said there had been a bit of a row on the date named. Witness later interviewed the others and took statements from them.

In his statement Kingi said he -saw Hoera strike si pakeha and knock him down twice. One of the other pakehas came up and wanted) to light but he (IvingS) punched him on the face. He thought ho only struck him once Hoera, in the course of his statement said that Katipa asked the pnkehas for a drink, hut one of them pulled off his coat, and wanted to fight accused. He said to the pakeha: “fou are getting on to the wrong man.” The pakeha struck him on the face and he knocked flip pakena down. Another palcolia made a swipe at. accused and ho. knocked him down the pakeha falling on the concrete. The reason he hit the pakolms was because lie was defending himself, fie only used his hands. Ahuriri in his statement said that Katipa said something which made the pakehas wild and they wanted 1o light. They picked on Hoera and called him offensive names. Hoera asked if the pakeha was ready to fight. He said, “Yes”, and Hoera hit him three. times and knocked him out. -Constable King gave corroborative evidence.

Mr Beaufoy asked that ihe case against Katipa should he dismissed. The evidence, he said, went- to show that Katipa had endeavoured to prevent a fight. One of the Crown's witnesses had said that Katipa was acting as a peacemake.r Counsel contended thatno evidence had been brought forward sufficient to warrant sending him' to the Supreme Court for trial.

Mr Barnard referred to the discrepancies in the evidence, and con. tended that a semi-drunken brawl had taken place. Fighting had occurred in which several took pari. The injuries caused to Dalrymple had heeu the result! of a fall. Jf was impossible on the evidence to say who caused the quarrel, how it srarted. and who was responsible for the injuries. He contended that a prima facie case had not been made out. Air Whitehead said the Crown's ease depended on concerted action by the four men. T'he only evidence was against Hoera. He suggested that the police must prove concerted action before they could establish a prima facie case. Two independent witnesses had given evidence that up to the time the offensive word was used the behaviour of the Alnoris was rational and normal. Ho contended that there was no ease to go to a jury, and asked that the charge against Ahuriri ho dismissed. Detective Al e Lend contended that a prima, facie c-a-so had been made out. When Dalrymple spoke to the accused he had been attacked, and had sustained a broken jaw. It seemed clear that all were equally guilty, whether as principals or accessories. The Crown’s evidence had not been contradicted.

The magistrate said there were com ta.iu discrepancies in the, evidence ot the three principal witnesses as to their movements after the hotel had v closed and the time of the fighting and he considered that a prima facie case had been made out against each of the defendants.-There was evidence of concerted action on the part of the defendants. Accused pleaded not guilty and were committed to the Supreme Court for trial, each being admitted to bail.

AJeni. Katipa- was then charged with on : December 2-1 assaulting Roy Hamblyn Brown, and John ICingi was charged with on the -same date assaulting Frederick Callaway. Detective McLeod said that these charges arose’out of the same set of circumstances as .above, and suggested a. remand until after the sitting of the Supreme Court. The magistrate granted a remand until February 27.