WAIPUKURAU AFFRAY

Hawke's Bay Tribune, Volume XXII, Issue 148, 8 June 1932, Page 5

WAIPUKURAU AFFRAY

INJURIES TO CAPTAIN COWIE A CHARGE OF ASSAULT. ACCUSED TO STAND TRIAL. At the Police Court at Waipukurau yesterday, John Leslie Fergusson Was committed to the Supreme Court al Napier for trial, having pleaded not guilty to a charge of having assaulted Gordon Ray Cowie on March 11 so us to cause actual bodily harm. The hearing lasted the greater part of the day Accused reserved his defence. Senior-Sergeant O’Neil, of Hastings, conducted the prosecution. Messrs W. G. Bryce and W. A. Cham bers, J.P. ’s, were on the bench. Outlining the case for the prosecution Senior-Sergeant O’Neill said thai on March 11 a ball was held at tno Waipukurau Theatre by fhe 17th Battery and the Waipukurau Ladies Hockey Club. Captain Cowie, wn<> was in charge of the battery, attendeo with his wife.

It was alleged that disparaging ro marks were made to two sergeants by the accused. Captain Cowie went out. to stop the altercation, and ordered tno accused and the sergeant inside tno hall. It was further alleged that tno accused, without any provocation, struck Captain Cowie, causing serious injuries which necessitated his removal to hospital. Gordon Ray Cowie, in evidence, said that he resided at Belmont, Lower Hutt. He held the rank of captain in the territorial forces, and was in command of the 17th Battery. He was >n camp at the . Waipukurau racecourse when the alleged assault occurred, being in charge of the battery and attached troops. Sergeant-Major Presney and Staff-Sergeant Chalmers were also in camp.

THE TROUBLE STARTS. On Friday, March 11, he attended the ball at the Waipukurau Theatre. Somewhere about 10.30 one of his N.C.O.’s, Lance-Bombadier Murray, told witness that there was trouble outside the hall. He went outside and found Staff-Ser-geant Presney surrounded by a crowd of civilians. There appeared to be an argument in progress, and the crowd seemed to be making towards the back of the theatre to settle it.

Witness ordered Presney to return to the hall. On turning to go in to the hall one of the civilians jumped on Presney’s back, but witness and Presney got rid of him. Presney obeyed witness’ order to return to the hall, and the last witness remembered was seeing him half-way into the hall. About three and a half hours later he recovered consciousness in Dr. Fisher’s sitting-room. Ho was later admitted to hospital, and was discharged about four and a half weeks later. Ho did not recognise any present in Court as being at the theatre. Witness and Sergeant Presney were both in uniform, and he was told by a civilian that a certain word was used. Witness did not himself hear any bad language. In r»iswer to counsel for the defence witness said he was practically recovered. He ordered Presney back to the hall but did not order the rest of the territorials. It tvas hard to say whether Presney resented being ordered back into the hall, but the main thing was that he went. He did not strike anybody, and did not recollect pushing Presney back towards the door. He had seen no soldiers who were showing signs of liquor at the time of the affray. He thought that the fact that Staff-Sergeant Presney had been ordered back to the hall and that one of the civilians had jumped on Presney’s back precipitated the argument into a brawl.

EXTENT OF INJURIES. Medical evidence as to the extent of Captain Cowie’s injuries was given by Dr. J. Lewis Reed, medical superintendent at the Waipukurau Hospital. The injuries consisted of a swelling on the right frontal region of the head and on the right eye, while there was a fracture of the nose and a small cut on the back of the head. No fracture of the skull was detected either by superficial or subsequent X-ray examinations. Later Captain Cowie showed marked signs of cerebral haemorrhage. On the 18th inst. he was much worse and was quite irrational. Later he had several convulsions and was. unconscious for several days, being in great danger. After treatment he began to improve and was subsequently discharged on April 12 with no apparent, disability remaining. In the first instance he was suffering from concussion of the brain, cerebral compression and possibly some laceration of the brain itself. His injuries were quite consistent with having been stuck a blow and falling on the pavement.

Constable John Butler said that when ho arrived at the theatre there were a number of soldiers and civilians there. He tried to find out what the trouble was, but no one seemed to know anything about it. A lew minutes after witness saw the ac .sed and asked him if he had been mixed up in the row., lie said he had. Later accused admitted haying had his coat off at the time and said he struck Captain Cowie, but the blow was meant for Sergeant Presney. Later still the accused came out of the hall with Sergeant Presney, who said: “This is the man who struck Captain Cowie.” Cross-examined, witness said that accused said that he had hit Captain Cowie by mistake. Witness denied that there was a “feud” between himself and the Fcrgussons over the Tavistock Hotel. SERGEANT I’RESNEY’S EVIDENCE. A. W. R. Presney, a staff-sergeant of the N.Z.R.A., gave evidence in corroboration of that given by Captain Cowie. Witness and a Sergeant Broadfoot were walking about, ultimately coming to the theatre, where there were a number of civilians. As they walked past one of the civilians made some disparaging remarks. He heard a movement at the back of the crowd and expected that Fergusson would strike him, so lie got in first and hit him on the jaw. He told Fergusson to eomo round to the back of the theatre and finish it there. Fergusson did not hit him back Just at this stage Captain Cowie name on the scone and told witness to get. back to the '.lance hall. Witness

turned to go back the street. Someone sprang on his back and brought him to his knees. He got up and was going back to the entrance. He heard a thud, went back and saw Captain Cowie lying on the ground. Fergusson said to him: “You should have got that. It was intended for you ”

A Further Scuffle Continuing, witness described a further scuffle between himself and accused. Someone endeavoured to make peace, and witness said he was agreeable if the accused would say that the words used were not meant to be offensive. They shook hands and he went back to the camp with Sergeants Chambers and Broadhurst. Witness said he later came back to the theatre in company with Dr Fisher. Constable Butler was nearby, and Fergusson repeated that tffe blow was meant for him and not for Captain Cowie. Witness said it would have been impossible for Fergusson to have struck Captain Cowie instead of himself. Captain Cowie was endeavouring to make peace. Cross-examined witness stated that a bottle of “Tui” he had in his pocket was given him by Bombardier Gray. He later gave it back to Gray. He denied that when ho arrived at the theatre the accused said to him: “Good night,l ‘Sarge’. ” He was not looking for trouble. He did out resist Captain Cowie’s ordering him back to the hall. Witness denied that he had spent, several hours in the hotel. Corroborative evidence was given by Frederick William Chalmers, a sergeant, in the B.N.Z.A. He said that he saw a civilian strike Captain Cowie, knocking him down on the footpath. The civilian turned out to be the accused. Ho heard the accused say that the blow -was meant for Sergeant Presney John Butler, a clerk, of Wellington, also gave similar evidence. This concluded the evidence, and the accused, pleading not guilty, was committed for trial to the Supreme Court at Napier. Bail was allowed at self £lO6 and two sureties of £5O each,