CHARGE OF ASSAULT.

New Zealand Herald, Volume XLIII, Issue 13094, 6 February 1906, Page 6

CHARGE OF ASSAULT.

A THAMES CASE. [FROM Orß OWN* COBBESPO.VDKXT.]

ThameSj, Monday. At the sitting of the Thames Police Court to-day, before Messrs. S. T. Whitehouse and A. Burns, J'a.P., William Rolton and John Winder were charged with having on the night of January 26 unlawfully assaulted Francis Wilton on the Parawai Road. Mr. Cflendon appeared for the defence. Sergeant Darby stated that on the night in question, Francis Wilton, who was one of the volunteers then in camp at Parawai, was walking along the road with a girl named Elsie Bash, when the two accused assaulted him, Rolton first striking him on the back of the head and knocking him into the ditch on the side of the road, and afterwards Winder struck him in the face.

Mr. Clendon said his clients pleaded not guilty. " Evidence was given for the prosecution by Francis Wilton and Elsie Bush, and W. Lwrie, which bore out the statement of Sergeant Darby. For the defence, it was stated that no , assault had been committed by the accused, ! but, on the contrary, that Roiton had been assaulted by Wilton, and that the other j accused, Winder, had not been present at { the time, but was in the company of other j young men. John Winder deposed that he was in th& company of three other young men on the night in question, that they left the camp together, and were standing together talking when they saw what appeared to be a scuffle a short distance along the road, and on going to the place found - Roiton and Wilton on the ground. He did not see any blow struck, and the row -was all over before he reached the ground. This evidence was corroborated by the other witnesses for the defence, viz., W. Roiton, W. Reid, 17. Currie, and G. Goodwin. The evidence of W. Roiton was to the effect that he was walking along the road on the night in question, when he met Wilton and Miss Bush, and that Wilton, after making some remark, struck him on the mouth and knocked him down. He denied striking Wilton. The Bench commented on the very contradictory nature of the evidence, and stated that as a doubt was left with regard to the accused Winder being implicated, they would give him the benefit of that doubt and dismiss the case against him. With regard to Bolton, however, there was no doubt the assault had been committed by hirn, and he would be convicted and fined I hint, and costs, or in default 21 and fined 20s and costs, or in default 21 days' im--1 prisonment. The fine was paid.