A MIDNIGHT BLOW

New Zealand Times, Volume L, Issue 11415, 11 January 1923, Page 5

A MIDNIGHT BLOW

BRINGS SEAMAN TO COURT MAN WHO CELEBRATED HIS BIRTHDAY. ‘ AND ENDED IN HOSPITAL. Burly William Kininmouth, nonunionist seaman, was not at all prepared to admit a charge of common assault which was preferred against him in the Magistrate’s Court yesterday. The charge was originally one of assault so as to cause actual bodily harm, but this was reduced to the less serious count by Sub-Inspeotor Cummings when he opened the case. The man whom Kininmouth was alleged to have “taken to” was christened Allan Shaw, a middle-aged individual with a moustache. “SURMISED” HE WAS HIT. , ' The complainant, Allen Shaw, said that he was an electrician by occupation and resided at the Albion Hotel. Witness was not personally acquainted with the aooused, but on Deoember 19th the pair met at the comer of Wakefield street. They conversed together for about ten minutes, when suddenly someone struck the witness, who remembered nothing more until the following morning, when he woke up in the hospital. Witness did not actually remember the blow being struck, but he surmised that he had been hit, although he bore no mark or bruise and when regaining consciousness was not in pain. Constable Johnstone, who was on night duty on the date in question, aaid that about 1 a.m. he heard sounds of an argument coming from the vicinity of Wakefield street. He saw a man fall to the ground, and two other men make off towards the wharf. These latter men were subsequently arrested, and the man who had fallen to the ground was taken, in an unconscious condition, to the hospital. SUFFERING FROM CONCUSSION. The evidence of Dr J. 'B. Beard, house surgeon at Wellington Hospital, indicated that when admitted to the hospital the oomplainant Shaw, who was unconscious, was suffering from a scalp wound and slight concussion. Counsel: The wound would be quite consistent with that whioh would be sustained by a man under the influence of liquor falling on to the pavement? —Quite. The magistrate: After hearing the doctor’s evidence I propose to reduce the charge to one of common assault. Evidence ' was given by Constables Muir and O’Sullivan. This concluded the case for the prosecution. ON THE WAY HOME.

In his statement Kiniumouth gave a perfectly lucid account o£ what had happened. He and his “mate” Trotter had gone up town, making several calls, and had then gone to meet two “friends whoso names he did. not- wish to revettl.” With these friends they remained until midnight, when they had started out for the ship. Crossing some tramlines in an unfamiliar street they had been hailed by a man in the dark. The man had informed them that his name was Allan Shaw and that he was “celebrating his birthday,” and had invited them to go down tothe Albion Hotel to “keep it up.” ( They had told him that there was no need as they had some “ammunition” on thespot, and two bottles of beer which they were carrying went the way of the great majority. To drink another couple with greater comfort they went to a shop where they bought an opener, Shaw was now more than “half seal over,” and in a quarrelsome vein. He oommenoed an argument on the subject of oil-burning, ships, and aocused and his friend scenting trouble had left the shop and Shaw behind. The complainant, however, caught up with them' and recommenced the axgument, whioh. had ended witn his measuring -bis length on the pavement. PLEADS PROVOCATION. Mr Matson,- addressing the court, said that Accused would admit that he had pushed Shaw so that the man ~ell to the pavement, hut counsel submitted that this was brought about by provocation. The witnees Shaw was certainly unreliable. He was unable to say what had happened between the time when he had left work and the time of the assault.. Shaw also did not know what the time was when the assault took pW*. “What had happened was that after the’trams had stopped running the men had commenced to go back to their ship. They had met Shaw who had already had a good deal of liquor, and the man had’’ saluted them and invited them to a .hotel to assist him in celebrating his birthday. However, as the two men were already carrying four bottles off beer, and it had been consumed. PUSHED HIM OVER.

After the men had left the; shop Shaw had called Trotter a “particular kind of scab,” tho most offensive epithet whioh could be used towards a working man in a time of industrial turmoil, and one which had resulted

in a man recently receiving fourteen days’ hard labour. As a result Kininmouth had pushed Shaw over with his open hand, and the man, bad fallen

Upon the pavement and became unconscious. Tho doctor Had. said that the man was conscious again at 9 o’clock in the morning, and ho did not 'Jqnlow How mudh boomer (he trril&hb have been conscious. Kiainmouth, in the box, bore out counsel’s statements. Cross examined by the Sub-Inspect-or, Kininmouth said that he had no very clear idea as to how the argument started. Mr Cummings: So you were all more or less drunk and the matter mighStl be described as a. drunken brawl?—We bad had drink. NOT MARKED. You say that you pushed Shaw over, yet the constables say that they heard a heavy thud and then saw the man fall. Can you explain this ? —No, I cannot. There was no mark upon the man, anyhow. In the box James Trotter said that the argument had become “too hot for him.’’ 'Til teach you manners,” had been Kininmouth’s remark ns he pushed Shaw to the ground. “You said in your statement to tho police that your mate struck Him » Hlow which felled Him to the ground,” said the Sub-Inspector, "That doesn't look like a push.’* Tile case for iHe defence then concluded. A FINE IMPOSED. '‘Had the pritfles been, sober 1 doubt very much whether the blow (I am inclined to think that it was a blow) would have knocked Shaw down And it could not have been a very serious one, re there is no mark upon the complainant.” These wer e tho wordß in which Hie Worship summed up the case. “However, complainant fell and his head struck the pavement; his skull might have been fractured and defend-

ant would then have found himself in a serious position. “The only question which the court is called upon to decide is whether the provocation was sufficient. Defendant and his witness state that Shaw was drunk and if that was so it should have been an easy matter for them to avoid him.

“I propose to enter a conviction against the defendant- but under the circumstances I will fine him 40s or seven days’ imprisonment.