SOME "STOUSHING"

NZ Truth, Issue 605, 20 January 1917, Page 7

SOME "STOUSHING"

1...- ■ ...-- - ■ - ■ .. : ■ ' • ■ •'■■ 3 ■ ■'■ ' - ■' ■'■' ' ■'■.'.■■■■ J A Trio Tackle All-Comers t .-".■•■ :":• . •■■ •:..'-.:' '..'.•■•'■ .' •..••■' '■;.".'■: r- ■■:■ - ■ . i A Matter, for the Supreme Court. !■ ■;■ :>■:!/.:.>■-: .- £ — -:'«:-;:::•■■ •- * Three fine .prospective fighting men * appeared before Mr. L. G. Reid, S.M., 1 * at the Wellington Magistrate's Court s on* Wednesday. Their , names were i James S;. O'Neill, Jeremiah McMahon, j and Henry Ernest G. Solway. \. - ■■■ 3 Solway and McMahon ■ were - two r sturdy young fellows, about 6ft. m * height, while O'Nefll is about sft 6in. ■ Wh^t tho latter genUemari; lacks m i height he makes up for m (according to the evidence) aggressiveness . . 1 The tiio were charge,!! with having ? assaulted Howard Webby, a returned t soldier, m such a manner as to do him 3 actually bodlry harm, hie , J JAW HAVING BEEN BROKEN > - m two places. The alleged assault took . place on December 24 while the irip jured man ,was proceeding along Tara--1 nalci-street to the Buckle-street Barf racks. < , Mr. H. F.O'Lieary appeared for J the three accused, while Inspector Henj drey conducted the prosecution. „ Major Henry O'Brien Deck, m charge I of the Military Wards, Wellington, a 5 dirty qualified practitioner, said that he received the injured man on Der cember 26. He had been admitted to * tho General Hospital on Dec. 24. He * found him to be Buffering from a frac- | ture of the jaw. '•■'.' ;> ' * AntQne Dutge, a fireman from off a ! vessel in* port, said that he -was m j Taranaki-street on the evening of December 24 with a man named Rieter. [ He, was going towards the waterfront when he «saw the three accused. It was ; about 11 o'clock. Previous to [ that he had noticed the three accused . and two other men. , . j The Inspector: What took place when you were coming back? — The man O'NeilV pointed to Solway and said, 'TiOdk here. That's my father." I said, , "l don't believe It" Ho said, "I ' believe you're a fireman." I said, ' "Yes." Then 1 HE HIT ME TWICE and I gave him. a lick. What happened then ? — One of them came out to mo and I ran away. . Where was Rieter ? — He was ahead of me. How far did you go before you met anyone?— l went along until, I met Constable Cox, who attempted to ar- | rest O'Neill and Solway. Ho could not j cay that McMahon waa there at the i time. ; The Inspector: What happened when ■the, constable went to arrest the men? —The policeman had a fight with Solway. ..'•■-'■■<- Where was O'Neill?— He was boxing, , too. ! Who with?— The policeman. | Tho policeman was fighting the two ; of them?— Yes. ' ' ; Were you there when another pollce- \ man came?— rYoa. I ' stopped until : O'Neill and Solway (Indicated) were arrested. . ' Whore was the soldier when you saw him— wua he close to the men? Was his jaw Injured then? — Yes. Mr. O'Loary: The only man you saw •'l'-chting was the centre man — tho small man? — Yes. When you were struck by the man wore tho other men near?— They were all tli ere. ; So that the other men took no part - j In it? — No. One of them came towards • me. ! And you saw nothing of the fight 9 j when the soldier was injured?— No. ! j The Inspector: Tho two men you saw * | were tho two who were locked up by j tho policeman? — Yes. j Harry Rioter, a sailor, but now emI ployed at Dalgety'a, gave more or less I corroborative evidence: | To Mr. O'Leary: There wore five men 7 I there when h,s mate was "amassed." | When ho came back thoro wero throe j only. It wan not either of tho two '. men who ran away !"' WHO STRUCK HIS MATE. I Do you say that the throe of them ! nttaokod the policeman?— Yos. \ Tho lnßuei;tor: Did you ate cither of ! them strike the aoldlor? — No, I did not. . | Howard Wobby, a tall young soldier

who had been returned invalided from the front and who is now attached to the Army Service Corps, of Bucklestreet, appeared m the box with his face strapped tog-ether with calico bandages. He was the centre figure of the assault.,! He said that on December. 24 he was passing 1 the Royal Tiger Hotel on his way home to the barracks when he met the three men and when quite opposite to them he was.presented with A SMACK ON THE JAW. This knocked him rdown. He was of the impression that he received two blows. He had a good idea of the identity of the man /who struck him twice. It was O'Neill. He thought they were all acting together, and, on rising, they, surounded him. Ho, was on the footpath when he waa knocked down. The Inspector: Did either of them speak or say anything to you? — No, not a word. . Was your complaint to the constable against the three of the men?— l pointed out the three. What, happened then ? — There was; a general mix-up. > I take it that they resisted arrest?— Yes/ What happened after that? — I. am not sure. I was getting a hit dazed. Are you sure that these are the men who were there at the time? — Oh, yes,, that's them. . You gave them no cause to attack, you ? — No, no provocation whatever. Mr. O'Leary: You are '.«.-'.. NOT A PROFESSIONAL PUGILIST or anything of the kind? — Oh, no, nothing like that. - Constable Thomas William Cox, the arresting officer, said that on the night of December 24 he was doing duty m Taranaki-street, and, at about 10 r 4O he received a complain^ from two fireman, who said that they had been assaulted by three men. He went back with the two firemen and found the three ac- X ' cusod opposite tho Royal Tiger Hotel. Webby was just ahead of him, and complained that he had been assaulted. The accused men could hear the complaint, which was to the effect triat O'Neill was the culprit. He asked O'Neill if he had assaulted the soldier and he 'replied "No." When he went, to arrest O'Neill that gentleman rushed at Webby and struck him m the Jaw. He (witness) attempted to arrest O'Neill, but he struggled .violently. He got the handcuffs on tho left hand, when ho got a mow on the left eye. Tho other two men rushed at the , soldier and he knocked Solway down. He then handcuffed Solway and O'Neill together. While ho was on the ground he was struck several times. Ho blow his whistle and Constables Barnes and Cosgrave came to his assistance. The Inspector: Whore was McMahon? — He followed us up the streot. At that time you had not preferred any charge against him? — No, sir. Did the accused give you any reason or explanation for their conduct?— None whatever. What did McMahon say when he was arrested? — He Baid that ho waa there, but had nothing to do with it. Was that statement true? — It was not true. Constable Chester, of Mt. Cook, gave evidence of the arrest of McMahon. McMahpn said that he was with tho crowd when the assuult took place, but he hod taken no parl m it. His Worship thought that there wuh no evidence agulnst McMahon. who was discharged. He thought there was some slight evidence against Solway, .who wan, with O'Neill, committed to thi> Supremo Court for trial, bail being allowed In a sum of £50 each. Two charges of common assault on Constable Cox and tht man Durgo were adjourned until afi'er the Supreme Court sittings.