ALLEGED ASSAULT.

NZ Truth, Issue 104, 15 June 1907, Page 7

ALLEGED ASSAULT.

TROUBLE IN A " TWO^UP SCHOOL"

Dunn and > Morrow Committed for Trial.

The Law of Self- Preservation.

The fourth chapter of the story of a midnight fracas' m a "two-up school" on May 4 was unfolded m the Polioe Court, Wellington ,, Monday last. Chas. Dunn and Frank Morrow were charged on remand with brutally assaulting th« Russian known as Gremberg. The prosecution, con-, ducted by Chief Detective McGrath, concluded its case. Constable McLeml was the intell - gent officer whom Grenberg consulted after the ibottle episode. The Russian was Weeding profusely, and appeared to be m a dazed condition: Took him to Dr. Fell. Detective Lewis arrested Dunn on the 20th of last month. He said, "So he's got sick of blackmailing. He bled me for a fortnight. BMrst, he wanted £50, then £30, then £20 ;! I suppose he'd take, about £2 this morning." Ott May 22 -the 'Tec explained the nature of the charge to- Morrow. In reply, he said, "Don't you think a man ought to get a medal for putting a like that out of the way ?" Arrested Morrow some distance out of Wellington. This closed the case for the prosecution. In the course of his address for the defence, Solicitor Wilford remarked that the case had assumed an importance m the eyes of the public which it ought no,t -to have. This, he supposed, was due to the fact that the Russian had, bled very profusely and also thut something had happened m the rooms, .which were classed- as a "two-up sohool." Considerable prominence had been given to the case by the press and otherwise because the fracas, which was of the trivial character that they saw happening every day, had occurred m a "twoun school," whereas that circumstance had nothing to do with the case, excepting that it might throw some light, upon the class of individuals concerned. It was said that "two-up" was carried on by men whose character was not of the best, but, he pointed out, virtue was . st continual struiPfle against natural inclination. Ergo, VIRTUE WAS UNNATURAL.--(Laughter.) Orderly : Silence f I He did not ask the Bench' to expect that saints would be placed m the box as witnesses ; but after seeing the Russian giving ,h<is testimony, he held that no one -could come to any other conclusion but that he : was a man of violent and brutal tendencies. He held that upon the evi--1 denee the ohorgo against Dunn should

be dismissed. It was not a serious case, and the man had not been seri-ously-injured. When they considered the form of the weapon used they came back to the question : -Was there sufficient provocation to justify the use of an exceptional weapon ? Was tine man who used it m danger ? Self-preservation, he reminded the Court, was the first Jaw of nature.. ,Pr. Fell's evidence was important, iiiits relation to Dunn, as he did not think the wounds had been caused by a chair. If a bottle had not been used the action of the police would have been for common assault. The evidence of the Russian was worth little, and that of Wolff, though it might not prove that Dunoi did not strike Grenfoerg, it did prove that Wolff had not seen him struck. In this respect the evidence of Wolfi was consistent with that of Avondale, who stated that Dunn "struck m the direction of Gren'berg," while. Wolff -stated that he took the chair out of . the band of Dunn when he raised it. Neither saw any blow. What occurred m that room nobody knew besides the principals. The use of an axe or of a revolver was not m itself a crime if th© weapon were used m self-preservation, and the Court might even have gathered, from the evidence of the Russian that it was possible he had started the row. Counsel submitted that there was no prima facie case against Dunn. The defence of Morrow was of an entirely different character, and he wouM plead- self-preservation m justification of what had taken place, and tho plea would be supported by th© evidence of Morrow and one "Ginger,"' whose name was Edwards. It was true the two 'men went into the side room, 'but it was at the invitation 08 Grenberg, upon whose suggestion thedoor was closed, as <he did not wish the '"school" ;to see him counting out the change. Thds money was counted out £i fay £1 until the last pile of silver was put down, when Motrow powiiten 1 to it, saying, "You are a crown short." THEN THE FUN STARTED. The Russian said to Morrow, "You are a • — — Irish — — '.", and thetwo men were immediately m holds. Morrow got "iiis enemy's hea-d ' m chancery., and proceeded to punish him, when the Russian seized his assailant m a cowardly, manner. Morrow, who was threatened with permanent injury, released his grip, and Grenberg fell over a crate of bottles, one of which h® seized and aimed a blow at Morrow. The latter caught his arm, and/ wrenching the bottle from him, struck him' on "tv» head with it m self-defence: Eloquent counsel did not olaim that his clients were plaster saints, but they, were known- among their associates as good-hearted fellows and' honest m their, dealings. They ha-d their faults h/iit he had seen worse faults m persons who concealed them under the cloak of .'hypiocrisy. Morrow, when giving his evidence, would walk , out of the dock into the witness-ibox, and this placed him at a disadvantage. His Worship, Dr. McArtiiur, thought otherwise. Mr Wilford ; He is at a disadvantage m comparison with the witness Grenberg. His Worship : I'm not ia love with Grenberg. Counsel did not suppose that His Worship was. . Nobody was m lov.e with him, excepting, perhaps, his mate, Wolff. The occurrence, he proceeded, Was of course not one that they would expect to see ito a vicar's <drawdng-3 i oom. His Worship wished to disabuse counsel's mind ontdie subject. He did not thank any magistrate would cast a reflection on a man just be-' cause he stepped from one box into another.. As to .the character of the evidence adduced, he did not think aniy man would be proud of the Russian, but he was as worthy of protection against assault as any other person. The case, m his opinions, was one for a jury. It would remoiye the onus from the presiding magistrate if it were taken to a higher Court. Mr Wilford said ithat m the circumstances his clients would plead not guilty, and would reserve their defence. He made an application for a reduction m the amount of bail, which was fixed at £50 before the Court had heard the evidence. Chief Detective McG-ra-tl* 'said the m«n were practically BIRDS OF PASSAGE, ■and if the bail were small they might sacrifice it and' clear out. r Dr. .Mc'Arthur did not feel justified *n reducing the bail, which was fix©di, m the case of Morrow at, self m £25, a/n-d one surety of £25 ; m, the case of Dunn, one surety of £20, and) self am £20.