ASSAULT CHARGES.

Manawatu Standard, Volume LIX, Issue 48, 25 January 1939, Page 5

ASSAULT CHARGES.

INCIDENT AT DANCE

As the result of an incident at a social and dance at Halcombe on December 16, 1938, Raymond Hector Kitchen, labourer, of Feilding, appeared in the Magistrate’s Court before Mr R. M. Watson, S.M., yesterday, charged with assaulting Raymond Dais, of Halcombe, and with behaving in a disorderly manner. Douglas E. S. Lamberton, labourer, of Feilding, was charged with assaulting Dais, inciting Kitchen to assault Dais and with behaving in a disorderly manner. The informations were heard together and defendants pleaded not guilty to the charges. Lamberton was represented by Mr J. Graham while Kitchen conducted his own defence. Sergeant Turner conducted the case for the prosecution. Dais said he had noticed Kitchen and Lamberton in the supper room, the former being the worse for liquor, while the latter appeared to have also been drinking, although his condition was not as bad as Kitchen’s. Witness had been acting as M.C., and he alleged that neither of the delendants had any right in the supper room, where Kitchen had knocked a cup to the floor, while Lamberton had moistened a plate of -sandwiches with tea. Witness later had told Kitchen he was too drunk to dance with his (Dais’s) partner, and as delendant had persisted witness proceeded to escort him out of the hall. At the entrance to the hall Kitchen put his arms out to stay progress and in a struggle both fell, Kitchen striking witness a blow iu the eye. Witness did not want to fight, although Kitchen was keen.

W’itness put Kitchen down and was holding him there when Lamberton attacked him from behind and urged Kitchen to attack again. Lamberton assisted Kitchen in his attack upon witness, whose clothes were practically ruined, and witness was knocked about and almost choked by Kitchen. A. F. Sterne, a member of the Halcombo School Committee, who was acting as doorkeeper, gave evidence, stating that he had warned Kitchen regarding his language and he was convinced that both Kitchen and Lamberton had been drinking prior to their arrival at the dance. Kitchen initiated the quarrel and witness heard someone call to “Go it.” H. A. Schwass, a labourer of Halcombe, also gave evidence and gave his opinion that Kitchen was not in a fit state to be at a dance, but Lamberton was not in a similar condition. Lilian McNae, a domestic servant, of Halcombe, said she refused to dance with Kitchen because of bis condition. She had no complaint to make about Lamberton, wlio appeared to be sober. Airs Kitchen, wife of defendant, stated that she had asked Lamberton to intervene to stop the struggle outside the hall. ’The Magistrate said he was satisfied from the evidence that Kitchen had caused the trouble and had assaulted Dais. Convictions were entered in respect of the two charges, the fines being £2 and £1 respectively, with witnesses’ expenses, and costs amounting to 14s in respect of the second count. Mr Graham submitted that there was no evidence to convict his client on any one of the charges, but His Worship disagreed on the point. Dealing with the charges against Lamberton, the Magistrate said there would be no conviction in respect of the assault charge, nor in regard to the incitement charge, but on the count of liehaving in a disorderly manner a conviction would be entered and defendant would be fined 30s, with costs 12s. No witnesses’ expenses would be allowed against him. Sergeant Turner asked if portion of the fines could be paid to Dais to repair the damage done to his clothing, and an order was made for half the fines to be paid to Dais, as suggested. MAINTENANCE CASE. Alexander Yule McKenzie, of Stafford Street, “Wellington, for disobedience of maintenance orders in respect of liis wife and two children, was convicted and sentenced to six weeks’ imprisonment in the Wellington gaol, defendant to be released on payment of £6.