CITY COUNCILLOR CLOUTED

NZ Truth, Issue 538, 9 October 1915, Page 8

CITY COUNCILLOR CLOUTED

McCullough Mauled at Midnight

Morrisey Urges Provocation

But the S.M. Holds There was None

(From "Truth's" Christchurch Rep.)

The other day City Councillor Jim McCullough came into the Christchurch S.M.s Court with a grievance, m the form of a charge, of assault against a young fellow named John Morrlsey. The police backgrounded the City Councillor, and Morrissey was defended by Lawyer Cassidy. Jim McCullough told Magistrate Bailey that a little before midnight on September 3 he had retired to roost, and was reading some interesting work on how city council's should be run, when .he heard someone come to his front gate and bellow, "Jim, Jim!" McCullough CLIMBED OUT OP HIS COT, and went to the front door, but, at that moment, the owner of the voice outside ran past the side of the house, and was capsized over a ladder. Jim opened the door and saw three men cross from his gate to the opposite side of the road. He couldn't swear that accused was one of the trio. Anyhow, McCullough wanted to get down to the bottom of the affair, so he went back to his bedroom, slipped on some clothes and, arming himself with a young woodstack, toured the back yard m search of tho chap who fell" over tho ladder. He found nobody about, except the three fellows opposite tho front gate. Ho crossed over to them and asked why they had chas- j ed someone through his garden. The heftiest of the trio acted as spokesman and, while his pais were also Inclined to be a bit rusty, he asked McCullough who In the he was Insulting. McCullough repeated bis first question, and was returning to his gate, when he beheld half a dozen young fellows grouped a few yards lower down the street. He made his way towards them and asked what they knew about the disturbance. They told him that there had been sumo trouble at the dance m the Oddfellows' Hall, and that three chaps had chased another down the road, and through McCulloush's house. One of the three chaps on the opposite side of tho road then came over and told McCullough to put down his sanguinary stick. McCullough asked "What for?" and the other fellow replied, "I'LL SHOW YOU WHAT FOR," and made a lunge at Councillor Jim. Tho latter fell m the gutter and got up In time to bo Bent down by another clout. Someone then shied a stone, and MeCullouuh walked buck to his house, whero ha found his daughter ringing; up the police. Cross-examined, tho witness said ho could not definitely identify tho accused us tho man who struck him. Mr. Caasldy: Who do you think called "Jim, Jim"? — I can't say. I thought it wum someone who wanted to use my telephone urgently, People often come to my place at night for that purpose. You had a stick In your hand. Were you going to us<> it? — Yes, if I was assaulted. Hut why did you take the stick If you thought you were only going to nwi someone who waniod to us<\ iho 'phone? — I didn't take the stick until 1 came back from ihe front door. I took It an a precaution, In case 1 was assaulted whilo holuk nround th<» houso. Why did you expect to be assaulted? — Because the wholo affair seemed ho peculiar. Were, you excited?- -No, I was quite calm. Didn't you fli'Ht turlkt? one of those men with tho stick?— rNo, unless it was done accidentally, rollco eonutablo Dunlop said that shortly after he started making- Inquiries into tho ca«o, Morrlicy came to him at tb« offlc*. and «Hd h« bad

assaulted McCullough, but that he did so under provocation and after McCullough hit him with a stick. ■ This finished McCullough's case. The accused, a machinist, reckoned he pulled up m front of the Oddfellows' Hall for a yarn on his way home from town, about 11 p.m., when a fellow ran out of the hall and down £he street. Morrlssey and a couple of his "cobbers" ran after the runaway to see what was on. Then, when they got near McCullough's place, Jim came out, swinging a stick, which hit Morrissey and made bruises all over him. When McCullough went over to the second group of lads, Morrissey asked McCullough what was the good OF BLAMING THE BOYS. McCullough replied by banging Morrisey with the. stick, and then Morrissey bogged into the councillor. - Senior-Sergeant Mathespn; Were you the cause of the first disturbance at the Oddfellows' Hall?— No. Why did you chase the man? Wasn't it because you got hit? — Yes, I did get hit. And didn't you retaliate? — No. You just ran after the man who hit you? — Yes. ' You're quite a peaceable man? — Yes. Have you ever been up for assault before? — No. I was a witness m a case. You say McCullough struck you four or five times with the stick. Will your witnesses say that? — I suppose so. Will Candy say so? Have you called him as a witness? — No, he's gone away. That's unfortunate. He's one of the principal witnesses, isn't he? — Well, I can't help him going away. Are you calling Sloan? — Yes, I am. Joe Sloan guvo evidence of having been m the chase of some mysterious individual from the Oddfellows' Hall.

He saw part of the disturbance wltli McCullbugh, and was of opinion that it Morrlssey had not retaliated he "would have had his head broken by McCUI-4 lough's stick. A fellow named Woolsden also said, McCullough was "EXCITED LIKE A MADMAN" < and struck Morrlssey with the sticij without being provoked at all. The S.M. considered the City Councillor had proved his case, and If he had hit anyone with the stick It had been purely accidental; Morrissey was» therefore, convicted of assault ftnd mulcted m 20s and costs