ALLEGED ASSAULT

NZ Truth, Issue 730, 14 June 1919, Page 5

ALLEGED ASSAULT

..' „ Brothers m a Barney " (Prom "Truth's" Christchurch. Rep.) At the Amberley Magistrate's Court last week before Mr. T. A. B. Bailey, .'. S.M., two brothers, Bert and Thomas M. Frickleton, were charged with assaulting- Thomas Lenergan and Joseph Ward, two returned Australian soldiers. For the accused Mr H. D. van Asch and Mr C. Thomas appeared. Permission was granted Sergeant ■ King to reduce the charge to using obscene language and committing a n .breach of the peace. Jack Sarrich, storekeeper at Leithfield, said that about 8 p.m. on May 9 he saw the Frickletons outside the ' LeTthfleld Hotel. Ward and Levergan were also there. The Frickletons had a car and Bert was putting a tyre on amidst much lurid language. Ward went to assist, but was pushed away by Tom Frickleton. Ward was CHALLENGED TO A FIGHT, but turned- the offer down and then ..both accused took to Ward. Lenergan then* said he wanted to "see a fair go" and with that the accused finished Ward off and -took to him. Both Ward . and Lenergan were under the influence <] of liquor. Allan Drewry told a somewhat similar story, adding- that Ward and Lenergan did not want to fight, but that the accused were very anxious .to '. have a "go."Bert Frickleton, one of the accused, ; said that the four of them had been driving about m the car, ana earlier m the day Lenergan had been m a mix-up m the billiard-room of the Crown Hotel at Amberley and was pi'Gsented with a black eye. At Leithfield both front tyres of the car punctured, and whilst witness was making ,j repairs he heard a scuffle, and on _J looking- around raw his brother lying 73 on the road with Ward on top of him. a Witness pulled "Ward off and the latter ' *•*] went for witness and was knocked -.^J down. Lenergan then chipped m and was ~l| KNOCKED DOWN ALSO. M Witness did not drink, but Lenergan /3j and Ward had each enough to make j .a them fighting drunk. . ? S J§M Magistrate Bailey said it was cleax; 1J there had been a row, but thought thw "' K M police should produce Lenergan and ~sm Ward to give evidence. The present •■ charges would be dismissed without: -M prejudice. . , - M