FISTIC ENCOUNTER.

Hawera Star, Volume XLVIII, 1 October 1924, Page 9

FISTIC ENCOUNTER.

UNDER LONDON STREET LIGHT. At the EiLtham Alagistrate’s Court yesterday a story of a fight between two men was told in whicn it was alleged that a knife was used on one of the participants. James Brew (Mr D. Clement) a young man, and Thomas Hammersley, an elderly man-, were charged that on September 24 t-ney used threatening behaviour in a public place, London street, Eltham,. whereby a breach of the peace was occasioned. _Hammersley said “1 have a defence,” which lie conducted himself. Samuel AY hire, a 13-year-old bov, said that he met Brew outside the ’ gate. Brew asked Hammersley if he '’had Brew’s letter, and when Hammersley said “No,” Brew called him a oar. When he got home at 9 p.m. Brew was playing cards at witness’ home. Hammeisley came inside and invited Brew out. They went outside aiJ d had a fight under the light. ' v-on stable Townsend : Was Hainmersiey sober.—Yes. . ,

Hammersley set out to ask witness a question, but continued on at such a pace and so excitedly that the court laughed.

The magistrate (to the bc.y): AVhere did they first start fighting?—ln mv place. J

Did yon see who started the fight?— No. *

Constable Townsend said that at 11 p.m. on September 24 Hammersley laid a complaint. He said that he had had his hand cut and gone to the doctor. Brew said that Hammersley had called for a fight and that they had taken their coats off. On account of what Hammersley had said lie searched Brew ■or a. sharp instrument, which Hammersley had alleged had been used on his hand. In Brew’s ton pocket were a pair of scissors, but there was no blood on them. Brow had taken witness to the gate . and showed him a hoop-iron loop which he said Hammersley had struck his hand on. There wa-s blood on the loop. - “Hammersley is a very excitable’man and drinks a lot. Brew lias a litre temperament,” said Constable Townsend, who added that the doctor believed that the wound was made by a sharp instrument.

Brew, a labourer, said he went outside and Hammersley walked un the path swearing all the Avay. Then they got to the gate, and defendant - hit Hammersley on the mouth, and kept kept him off by pushing. Avhen he endeavoured’ to land bloAvs. Hammersley Ai’as not in a had teniobr at 7 p.m. , hut later he was very wild. Defendant’s objection was to the'lauguage used. Air Clement: Had Hammersley had any drink?—No, I don’t think so, hut I know that he had a store of beer, for he asked me to have a drink with him. But- I didn’t.

Air Clement: Did you part good friends?—Yes. We shook hands, and hs asked me to come down for a drink. (Laughter).

Constable Townsend: Did you ha\ r e anything in your hand when you left the kitchen ?—No, How ! long did you fight on the road ? Well, about three minutes. Constable Townsend ; Did he hit you ? —Yes, about the chest, but his punches didn’t hurt me.

Hoav many times did you punch him? Only once. (Laughter)." Hammersley stepped into - the box, but it- Avas impossible to folloAv what lie said — his pace Avas so great. “Don’t get -excited,” said the magistrate.

Hammersley was understood to allege that he sa,Av a sharp instrument protruding from between BreAv’s fingers. He did not mind Avhether he had been blacked all over in a fight. He had asked BreAV to shake hands. He said that BreAv’s “dagger” had cut his shirt.

Constable Townsend : Are you sure that vou did not hit the gate?—l’m sure, dear Mr Townsend,- replied Hammersley. Mr Clement said that he wished to disprove any allegations,of the use of a knife.

The. magistrate: ‘‘l have, allowed this man to go to rather undue length to see if there was any truth in the allegation of an instrument being used. There is no objection to using fists, but there is to using an instrument. ITammersley has met with an injury, that is clear. He was not hearing that allegation, although there was a certain amount, of evidence that way. “Brew’s evidence that he only hit Hammersley once is contrary to human experience,” said the magistrate. “I have yet to find the man, and particularly an Irishman, who won’t stand up to. the next man who comes at him. "Brew will be fined 20s and costs 7s, and Hammersley, who got the worst of the deal, will be fined 10s and 7s costs.

His Worship added that he would bind the men over to keep the pence if they came before him again.—. Argus.