CHARGE OF ASSAULT

Nelson Evening Mail, Volume LVI, 17 September 1925, Page 3

CHARGE OF ASSAULT

At IA IXS'l’ [•’IRK F 1; pEI; INTHXDEXT CONVICTION' "AND FIND Certtui. eve;: Is whir. 1 : occurred at the Central i ::c Brigade Station cm l-’Uh August were the .subject of’investigulion ai the Magistrate’s Court at Wellington yesterday. reports the Post. Harry Tail, superintendent of the brigade. appeared on summons 10 answer a, charge of assaulting Theodore de -May. a brigade, small, so as to cause him actual bodily harm. On the application of counsel tor the eompla in - hug the information was reduced to one of common assault. On the Bench Were Messrs. B. Sale]; and .1. Heed, Justices cl tiie Peace. Mr U. C. Mazengarb appeared lor the complainant, and Tail was represented uv Mr ('. A. B. Treadwell. ■Mr Mazeugarb .-aid that the defend!,ni bad described himself as ■■one of Natans generals.' and in 1 lie ev.-tns leading i,-p to the informa: ion before 1( lie had al l empiwt to jm-ti fv H |:it title. Tin* iiilonmi t ion was one t"' assault by the accused, as Superintendent of the Wellington Git v Eire Brigade, on one of the junior men of the brignde. The circumstances leading "I* ,n the a-sau'i were somewhat peculiar. and he would submit to the ' otiii inat the assault was deservin''’ of severe punishment, because the vim tim ot the assault had been summoned to give evidence iii a matrimonial suit, became the assault was unprovoked, and because the accused bad taken advantage ot his position j-,.- superintendent. 'Ol some time, said Mr Mazeugarb. the accused had had a ti j fr’creiii- ii ]i Us wile, who had lodged a petition in Hie Supreme Court asking for a judical ■separation from him on Die grounds of a fin It cry and cruelty. The proceedings m the Supreme Court were, hy order of tne ( hie! Justice, heard in camera, on 12th August, that decision being reached m view of the nature of the evidence ,u ,K ; Td at the trial. As the defeml;Hl' Hie suit withdrew his defence ju.-t prior to tiie hearing, it did not become necessary to lead the evidence 0,1 Hie ground of adultery, and de Mav accordingly did not have to give evidence. tin the alteniuon of I.’itli August I nil. as superintendent, sent a message ,u ‘ T'shvi to sec de Mav. who ll; " l»'''"<’i'l tit ti lire all night and was then asleep in lied, De Mav immediately went to Tail’s otliee. and laii accused bun of making certain remarks about Mrs Hubert son. , | u , " l,< ' u| 1 T'|"H.v superintendent, who was the woman in the other proceedings. Counsel proceeded to refer in deIo 1,1(1 rVr,|,s l<»sulil|o in? in {],„ :i assault.

Hr. B. .!. Hunter said lie saw de Mav "" , l;;ni August, and the eomplaim.nl several bruises on Ids face and "‘ ail - 1 l "' iit.pines were such as mi-dit lli,v< ; 1 t* used hy Idows from a (Tsl. ''Hie eompla ilia nt was called. Hie Bench suggested that Mr Mazrngath should retrain from introducin'' mailers in connection with the 11111110 monia l dillieull ies of other peoi.de. The eompiaimiut gave evidence to the cTeet «>" ‘l"' Idlli August he was restI"g alter attendance at a lire, when tie was summoned to appear hel'ore the si! peri lit elide lit. !i ( . -p.,• " l,i( '!“- 'l'«it said: "You are makiim skiting remarks ahoiii Mrs I,'ol.er! son ;| nd myself." Witness replied: "I have siihpoemied to give evidence against you." Ii was made plain that tlie eon versa! 1011 was a.n uiioilieial one. hid said: -Aon made disparaging remarks about the chastity of a »ood woman. Witness replied: ••There is not one man on earth who will D ifj ine from the truth." The assault then took place. 1 ! 1( > witness said that Tail struck him several blows and dazed 111,11 10 fit extent that lie did not recoiled what happened subsequent Iv. As a result of his injuries he was incapacitated for two days, and it. was over a week before he was able 10 put a hat on. To Air Treadwell: Witness said that he communicated with his lawyer by telephone prior to seeing a doctor. Mr Treadwell: "Prior to this noeident. did you threaten to throw the cook out ot tin* window?"—"l will lie quite candid with yon. I did threaten to throw him out of the window." “Ton thought that the conk had put kerosene in your leaf" "| didn’t thins. I here was a general complaint tit t he mess table." ”Sn you championed the rest of the moss?"—"Yes.." "Was 1 here much argument before Hie alleged assault on you took place?" —“No. not mueli." “Hid you raise your voice at all?" "I truly have. Tail did most ’ of (he talking. I In re was 110 need for me to talk.?? “Hid Tail raise Ids voice?" -"He ojwavs talks loud.. Hid you say that you would chop Tail up. and go straight for an axe '" "No." "A on don't remember anything that (l, ok place after von left (lie office •'” - "No." When did your recollect ions cease, de .Mav .' When I got t lie, lack Johnson blow." B\ ideuee was also given hy two members ot tiie brigade. Frank Phillips, a fireman, and Bernard ( liapman. a motor mechanic. I he latter, describing one of the incidents, said that Tail started: "Bet me get at that slug." lie was relornng (o de May. My client first ot all was charged with an indictable offence.’" said Mr Treadwell, in opening for the defence. “My friend has now reduced flic charge to one of common assault, and by (he •ime. my client has givi videnee 1 trust that even that charge will he dismissed." Mr Treadwell said that a conviction slie.idd not he entered until Hie eiiarge had been overwhelmingly proved. Goumel then oinbned the evidence t hat would he eu lied. Giving evidence, the defendant said he had been in the Eire Brigade service for twenty-live years and had beet! superintendent for fourteen veal’s. He had sent for de May in order to ascertain his attitude in regard to the other proceedings. As a result of what de May told him, Tail told him that he was disappointed in him and that lie thought, his action was contemptible. Tail then rose to open the door, and as he passed de May the latter made a lunge at him. They closed, and an altercation ensued. De May threatened to cut witness 11 p with an axe. Mr Mazeugarb: ’Aon say that you have not had a black mark against you?"—"Not in my ollieial capacity." "Did you not in your otliee a little while ago threaten one of your oflieet’s ?"—"No." “Do you remebcr paying C2II to stop a ease going to Court, in which you were alleged to have assaulted a man for kicking a dog?"—"That was not around the station. I did not pay C2O: I paid all that was necessary. "You were annoyed with de May?"—

■ No. I was merely interested." "Do you always courtroutdv open the door when lireimti are leaving your otliee?"-- "I often do." Tail raid that de May laid endeavoured to hit him, but had found himself >,genual to (!:■• occasion. iscacr yo.ci'sei:' as o<;f SeTe.i.’s gem-gala• "Owe when I was send..:.' my da gl’Gu some 11: i/vy nr j tebijtg her L> b'.ve a good time." The Bench: "The? doesn't matte;'" Mr Treadwell: ’’Weil, you :ir a tire superintendent. and Satan i- supposed to he mixed up w it Ii tire." The Bench raid that ii was of the opinion that the defendant should be convicted on Hie charge of assault. It was regrettable that a man in Tail's position should so far forgo 1 himself as to commit an assault. The defendant would he lined £5 and costs, including medical expenses.