CITY POLICE COURT.

Otago Daily Times, Issue 20710, 7 May 1929, Page 7

CITY POLICE COURT.

Monday, May 6. (Before Mr H. W. Bundle, S.M.) A PROBATIONER CHARGED. Gerald Cadman Trill, who pleaded not guilty to having failed to comply with the terms of his release on probation, was remanded until this morning, pending further inquiries. MAINTENANCE. John Archer, whose arrears on a maintenance order amounted to £4, was charged with disobedience of the order, and was sentenced to 14 days’ imprisonment, to be released on payment of the arrears. Austin Clark, who was charged with disobedience of a maintenance order, the arrears on which amounted to £39 3s, was sentenced to three months’ imprisonmen*. the warrant to be suspended conditional on his paying £5 forthwith, 12s 6d per week off the i .rrent order and 7s fid per week off. the arrears. David Cree Richardson, who was proceeded against by his wife on a complaint for separation, maintenance and guardianship orders.—The defendant did not appear, and after hearing the evidence of the complainant the magistrate granted the orders, maintenance being fixed at the scale of £2 per week. ASSAULT. _ Walter Thomas Heller was charged with having assaulted William Lees Stevenson, and pleaded not guilty.—Mr C. J. L. White represented the accused.— Dr Fitzsimmons gave evidence as to the injuries received by the complainant, and Dr Borrie stated that when he examined the accused he found he had a bruise on the ribs which might have been caused by a kick.—The complainant in evidence stated that on the night of April 24 he and another man were at a dance held by the Tramway Football Club in the South Dunedin Town Hall. During the evening the accused came up to witness’s friend and, after insulting him, wanted him to fight. Witness attempted to quieten the accused, whereupon the latter struck him. —In reply to Mr White, witness denied that he had kicked the accused, although ‘ he admitted having retaliated.—Reginald Wilfred Murdoch, who was with the complainant on the night of the occurrence, gave corroborating evidence.—John Arthur Morris said that he was an M.C. at the dance in question. During the evening he heard obscene language being used in an anteroom, and on going to the room he saw the accused strike Stevenson on the mouth and several other h l ows. When witness interfered, a man who said tie was ,Heller’s brother wanted to fight him. Witness then sent for the police.— Christopher Keatch,- the secertary of the dance, gave evidence that on hearing a noise in the ante-room he went there and saw the accused about to strike Stevenson, who, was covered with blood. Eventually the accused offered to go to the hospital with the complainant and to “ fix everything up.”—Constable Watkins, who arrested the accused, stated that he had heard the later offer to pay all expenses for Stevenson.—The defendant’s version of the occurrence was that the trouble was started by Stevenson, and that he had done nothing but defend himself. He admitted that he had been before the court on two previous occasions similarly charged, but asserted that he was not the aggressor in either case. ■ Henry Robert Fulcher gave evidence that he had seen the fracas in the ante-room, but stated that Stevenson had struck the first blow and then kicked Heller.—Joseph Daniel Lafferty and James Charles Mort, gave evidence along similar lines.—The magistrate said he had no doubt the facts were as stated by the witnesses for the prosecution, and that the‘accused had provoked the disturbance.—The sub-inspector said that the accused’s behaviour generally was unsatisfactory. Sergeant M'Entee had reported that the accused and a gang were in the habit of visiting dances merely to provoke trouble.; moreover, he had associated himself with a Soutli Dunedin gang which called itself “The Chicago Toughs." With the dancing season coming on, it was desirable that P eo , pl f going to dances should be protected.—The magistrate said that it was a pity someone present ’ d not given the accused a sound thrashing. It was not fair that people should have their dancing spoiled with .such interferences and disturbances. The accused would be sentenced to two months' imprisonment.