TROUBLE IN A TRAM.

NZ Truth, Issue 215, 7 August 1909, Page 6

TROUBLE IN A TRAM.

""And He Pushed Him Through the Window."

James H. Kane had a rorty time* m .Christchurch recently, and as a result of 'his boisterousness found himself m trouble 'fin the local Court. Obscene language, assaulting a tram conductor, and wilfully fjbreaking a tram-car window summed up *the young man's alleged offences, which lawyer Donnelly did his best to refute. ..One of the principal witnesses against i-iKane "was a ctean-shaven yovlng person named Andrew Noonan, who toils at the Hslington Freezing YJorks. He remarked, an the witnsss-box that he wvs m the ■rtram-car which left for Kiccarton at live minutes to eleven on July 10th. He was an old friend of Kane's, and Kane boastied that he could kill his ISO sheep a *lay. Noonan, who does a bit of killing himself, laughed at Kane, who apparently •felt insulted, and made use of lurid lan■guage. Noonan ftsked him what he was getting wild about, and mentioned a past grievance. It appears that Kane had promised to meet JMoo/ian one night, lor purposes of enjoyment, and Kane didn't 'turn up. Kane assure] JNoonan that he was there at the appointed t>me, a»d m (the course of the subsequent argument, 'Kane use the brutal language complained of. Also, he threatened to PUT NOONAN THROUGH THE WINDOW, (which suggests that the defendant bad heard the well-J'nown song on the subject. At this critical moment an elder Ihrother of JNoonan interfered, and Kane Ranged the latter with such force that iie sent his head through the glass door at the end of the car.. The door presented a much-battered appearance afteriwards. Noonan assured Mr Donnelly that he hadn't called Kane a liar and a blankaid . §>rior to wie aggressiveness. Bernard Noonan mentioned that the unpleasantness occurred opposite the Racecourse Hotel. Kane remarked, "I'll put your head through the window." Thereupon Bernard interfered, and Kane said, 41 1 ' II put 'you through the window m- j stend." He followed his remark by hit- ' ling Bernard forcibly on the smeliei, and ] ,th« impetus sent the victim through the #lnss door of the cur. ft appeared to j .this witness that K.nne hud been looking on the beer when it was long, bat he iind not touched a drop himself that night, and his hrnthnr was «ober. Conductor William Henry Alexander saw the blow (.truck by Kane, heard the fall of brohcn glass, unii suspected that |

Noonan had been pushed through the window. The value of the transparency; *• by the way, was about lifteen bob. Mptorman James Thompson heard the glass break, and when he made subsequent investigations, he saw Kane and Noonan doing a bit of pugilism outside the car. William Boswell happened to_be a passenger on the car, and saw Bernard JNoonan jump up when his younger brother was menaced. Bernard remarkea, 'fat me through the window instead of my brother," and Kane promptly did it. At this stage Mr Donnelly held that there was no evidence of obscene language, and Magistrate Haselden upheld the contention. The lawyer called evidence to show that Kane was not the aggressor. Leslie Forsyth, a delivery butcher, said that Bernard Noonan had said, "It's me lor you. Do it !" He heard some of the conversation m the car, and when they arrived at Kiccarton Bernard Noonan asked, violently, how Kane was going to get on after he left the car. Kane replied, "I've had enough of this ; I WANT TO GO HOME QUIETLY." Kane' stated, m evidence, that he worked for a, gentleman named Fisher, a meat contractor. He contended tnat he was not looking for stcush at the time, but Bernard Noonan invited him to = put his head through the window and lie (Kane) kihdly obliged. Bernard waS calling Kane a lot of obnoxious names at the time. Magistrate Haselden dismissed the case of obscene language, but convicted on the assault charge. "It's not for «fche satisfaction of the Noonans,' 7 he added, "but to punish you for a breach of the peace." A fine of £2 and costs was imposed, and for breaking the car window a quid and costs was mentioned, although the Magistrate refused to make an order for the payment of the damage.