ASSAULT CHARGES FAIL.

New Zealand Herald, Volume LI, Issue 15548, 4 March 1914, Page 11

ASSAULT CHARGES FAIL.

POINT CHEVALIER INCIDENT.

THE SANITARY DEPOT.

SUPREME COURT SEQUEL.

Thrkk charges of assault, arising out of the disagreements concerning the establishment of a sanitary depot at Point Chevalier, were preferred against Henry George Atcheson at the ciminal sessions of the Supreme Court yesterday, His Honor, Mr. Justice Cooper, being the presiding Judge. The Hon. .1. A. Tole, K.C.. appeared on behalf of the Crown.

The accused, who is a resident of Point Chevalier, was defended by Mr. W. E. Hackett, and pleaded not guilty. He was charged with having assaulted William Henry Pratt, Mabel Pratt, and Henrietta Edwards at Point Chevalier in the early hours of the morning of January 10.

The circumstances, as alleged by the prosecution, were that Alfred Edwards entered into a contract to allow his property at Point Chevalier to be used as a sanitary depot. The accused was one ol the residents who protested against the establishment of such a depot in the vicinity. Just after midnight on January 10 Henrietta Edwards, wife of Alfred Edward's, heard sounds of bad language at a neighbour's house. She was joined by her married daughter, Mrs. Pratt, and then the accused and a boy came on the scene at about the same time as the arrival of the second sanitary cart. Mrs. Edwards warned Atcheson not to go into the paddock where Pratt was working at the depot, as she knew that there would be trouble if the two men met. Atcheson, however, it was alleged, persisted in going into the paddock, and struck Mrs. Edwards when she endeavoured to prevent him. It was stated that her wrist, which had been struck by a piece of timber carried by the accused, was broken. Atcheson, she said, had also knocked her down. Her daughter, Mrs. Pratt, had also been assaulted by the accused.

"Angry Voices and Screams."

Mrs. Edwards, in her evidence, said that she did not know that the health authorities had, on the same night as the alleged assault, forbidden the use of the depot. She denied that either Berself or her daughter were armed with the spoke of a cart wheel, with which they attacked Atcheson.

William Henry Pratt said that, when working at the depot on the night in question, he heard angry voices and screams. He saw Mrs. Edwards, Atcheson, and others, Atcheson having a baton in his hand. At that time he saw no blows struck, -Atcheson ran away, and witness went after him. Atcheson stopped and closed with witness, striking him several blows with his baton. Witness denied that he carried a spoke of a wheel on the night of the trouble. An Absolute Denial. After a number of witnesses had given corroborative evidence for the prosecution, Mr. Hackett intimated that the defence would be an absolute denial of the alleged assaults. He said that the Edwards party were angry at having the depot closed, and thus losing their contract. Their anger was directed against the accused, 38 he had been instrumental in .getting the depot removed from the vicinity, and it was they who attacked him. Mrs. Edwards, suggested "counsel, broke her wrist by hitting at Atcheson with a spoke of a wheel, missing him and striking a fence instead. The Accused's Story. The accused, in the witness-box, said that on the night of the alleged assault, he and a boy, both being unarmed, were walking down to the j paddock, when they were set upon by the'women with batons. The women called to the men, who came up from the paddock, and witness beat a hasty retreat. He was followed by the Edwards family, and by Pratt. The latter challenged witness to a fight, and after Pratt, had thrown away his baton the challenge was accepted. All this, time the Edwards family were present with batons, and were hurling all sorts of abuse at witness. \ Jury Hears Enough. Corroborative evidence was given by several eye-witnesses of the occurrence, who stated that all the trouble was caused by the Edwards family.. The accused was the man who was assaulted, several of his aggressors being armed with spokes of wheels.

Before all of a very large .number of witnesses for the defence had been called the jury mtiraate.d that they had heard enough, and were unanimous in their opinion that the accused was not guilty Atcheson was therefore discharged.