AN ASSAULT

Hokitika Guardian, 23 May 1940, Page 2

AN ASSAULT

ON A PHOTOGRAPHER SYDNEY, May 16. lii tlie Central Police Court yesterday, Alexander William Sprague, 29, attendant at the Trocadero, was fined £3, with £2/10 compensation, for haying assaulted Ernest Nutt, photographer. Sprague had pleaded not guilty to a charge of having assaulted Ernes. Nutt at Dar.liiighurst Court on February 8. The Police Prosecutor (Constable Maiseyj submitted that Mr Ezra Norton, managing director of Truth and Sportsman, was not entitled to em-ploy.-men of the calibre of Sprague arid John Johnso’i (another attendant at the Trocadero, who had been fined £lO previously for the same offence), to carry out liis instructions. Mr Denton, S.M., before imposing the fine said: “Sprague was not even sure that he got the right mam when the assault was committed.” Charles Joinings, special constable employed by the Daily Telegraph, said in evidence that he saw Sprague and Johnson walk towards Nutt. “Nutt and 1 were standing in the courtyard,” Jennings said. “Sprague struck Nutt on the mouth with his elosed. fist, and both Johnson and Sprague made a grab at the camera.” Jennings said he was engaged with Johnson, and did not see Sprague take the camera from Nutt, but a few seconds later, he saw Nutt without his camera, and Sprague running away with the camera under his arm. Defendant’s Evidence Sprague said in evidence that the manager of the Trocadero (Mr Musgrave) instructed him to walk in h'onti of Norton, who was to give evidence at the Quarter Sessions, and protect Norton from having his photograph taken. “I went up to the court,” said Sprague. “1 met Johnson, who also works at the Trocadero, and we sat on a stool near the witnesses’ room. “Norton came out and said somebody had taken his photograph thiough the window of the witnesses’ room, and told Johnson and me to get the camera. “We went out and saw a man with a camera. We walked up and I made a grab at the camera. Nutt swung it at me and it struck me on the cheek. “1 grabbed it from him and ran into the court. 1 take my oath 1 neve, struck a blow,” Sprague said. “Wrong Man” Constable Maisley: You just took the camera from tlie first photographer ;*ou saw ? Sprague: Yes. You did not know where lie was from, nor whether he was the man who had taken the photo, and you didn’t bother to inquire?—No. As a matter of fact, it was the wrong man?—Yes. So far as you know, you might have been attacking an innocent man? (Mr Windeyer objected) : I thought Nutt was the man. Edgar Riley, barman at the Park View Hotel, St. Marys, said he was a friend of John Johnson, and accompanied him to Darlinghurst Court on February 8. He saw Sprague take the camera, but did not sec Sprague strike Nutt. Mr Windeyer submitted that Norton had been within bis rights in taking what steps be thought fit to prevent his photograph being taken. “The camera was snatched, and that may be a technical assault, hut T ask either that only a nominal fine be in-