The Row at Waitotara.

Patea Mail, Volume VI, Issue 522, 20 May 1880, Page 2

The Row at Waitotara.

TRIAL OF .THE.PRISONERS. At the Carlyle R.M. Court, 011 Tuesday, the four men who had been apprehended on charges of assault and obstructing the police in the violent row at Waitotara on the uth instant, and had been remanded and liberated on bail, were present at 11 o’clock to answer the charges. • They bad been apprehended on warrants in the first instance, by Sergeant McGrath. There wore five separate charges against the four prisoners. One of them was now lame, having hurt his foot while returning from Carlyle on bail.

Patrick Downes and P. Lambert wore jointly charged with assaulting and beating Joseph 15. Richardson. Patrick Lambert was charged witli assaulting and heating, Chailcs Prouse.

Frederick Stait and Downes were jointly charged with assaulting and obstructing Constable Hynes in the execution of his duty. Stait was also charged with assaulting and beating J. 15. Richardson while assisting the constable. ■ : W. B. Lumb was . charged with assaulting and obstructing James Stent while assisting the constable. The prisoners, were defended by Mr Hamerton, barrister, of Carlyle. Mr Sub-Inspector Bullen, of New Plymouth, conducted the prosecution". The Magistrates were Captain Wray, R.M., Mr 11. S. Peacock, and Mr J. W. Kenan.

Mr Hamerton objected, on behalf of prisoners, to hare the evidence taken as a whole,’ although it related to one continuous disturbance; and the Court directed that the evidence upon each separate charge should be heard separately. Mr Hamerton then objected that as all the charges wore not set out in the warrants under which they were apprehended, only the particular charge stated in each wan ant ■ could now be gone into.

The Bench: ruled; that as* the prisoners had: had nil the charges rend over to them when first brought up a week ago, all those charges could now be gone into.

Sub-Inspector Bullen then stated the general facts, that, on theuth instant, there had been some disturbance early in the evening, caused by sorcral-rail-way navvies getting drunk at one or two hotels at Waitotara, it being a wet day; that-some' disturbance ensued in'the* absence of the one constable ; that after a lull of some hours it broke but afresh' several assaults being committed, and the constable being also assaulted and obstructed in the execution of his duty. Unless' constables were adequately protected by the law, it would be impossible to preserve the peace. ; \j. ASSAULT ON MR lUCHARDSON. ' • Patrick Downes and Patrick Lambert were charged with assaulting and healing Joseph ,B. Richardson. Mr J. B. Richardson, farmer, Waitotara, deposed : On the evening of the oth of May I was at Waitotara, and visited Mr fillers’ hotel. I heard that a disturbance had taken place in the afternoon, and I saw the two defendants, whom I did not know. I was standing near to these men, and while Mr Johnson was telling me about getting “ plugged ” in the afternoon, Downes said, “ Mr Johnson, what are you talking about?” He then spoke to me, ami before I could speak, Downes put hi* bands on me, pushing me backward?, and then both prisoners set on me and struck me repeatedly. I was knocked about a good deal among the crowd. Mr Ellers’ took bold of inr, and pulled me away towards the bar. I went out and called on Constable Hynes to arrest these two men for assaulting me. That was the end of the assault. , • |

Captain Wray : Wore you injured at all ? Witness I was much swollen about the dread and cheeks. ..t : Mr H.unerton, for the defence : Did you libt interfere with these men about some question of wrestling ? * Witness : No, I was not in Waitotara at that time. Mr Hamcrton : Did you interfere with these men or speak to them ? Witness : Not at all. A good many people were present, but no quarrel was going on when I entered the house. Frederick Filers, hotel keeper, Waitotara, deposed : Mr Richardson came to my house, and the defendants were present/ I saw Mr Richardson and: Mr Johnson speaking together, and one of the defendants went up and said something I could not hear. I then saw both of them striking Richardson. He bad not struck them. Mr Hamcrton : Were they disputing/? Witness ; No, I did not see any disputing, but they struck Richardson very; soon.

Adam 13. Hogg, chemist, Wanganui, (Icpoacd : 1 was at the Railway Hotel at Waitotara on the evening of the sth, and saw Mr Richardson come in. Mr Johnson was also (hero, and I heard them talking together on general matters. I recognise ts the two defendants as being present, and they could have heard the conversation. Johnson said to Richardson that he (Johnson) had better keep quiet, as there had been a row, and he had had a “ plugging.” One of the defendants turned round and shoved Richardson against the wall, and made some remark- to this effect, “ What was that you said about plugging ?” Then Richardson said, “ You had better keep your hands off me and then one of the prisoners struck him. The second prisoner struck him also, several times. Both struck him. Mr Richardson li«ul bis bands in his pockets when he was struck. Richardson had said nothing to provoke them. Then a general row ensued and the constable was called in. It was Lambert who shoved him back, but I cannot swear which. Mr Hamcrton : Was there any dispute ? Witness : None between Mr Richardson and these men. Captain Wray : You saw them both strike Richardson. Witness: I did, and he had not interfered with (heir conversation. Sub-Inspector Bnllcn : That, is ali the evidence in this case. The Bench’reserved their decision.

ASSAL'I/i’ING THK CO.N'STAKI.H. Patrick Downes was (hen charged separately with assaulting and obstructing Constable Hynes in the'execution of his duty, on the same occasion. He pleaded not guilty. Constable Hynes deposed : •On the evening of the oth [ was on duty at Waitotora, and Mr Richardson complained to me that he had been assaulted, and said if I would go into the hotel he would point out the two men who had done it. I went inside and saw Mr Eiders, and said, “ Wll3' don’t you clear these men out ?” He told me he was unable, and requested me to do so. 1 went to the door of the bar parlor, and Mr Richardson pointed out Downes and Lambert as the two men who bad assaulted him. A gentleman named Prouse came up and said, .•* I have been assaulted.” Eambert then reached through and gave Mr Prousca blow on the back of the neck, while be was facing me, with bis back to Lambert. I. seized Lambert, and then Downes came forward and said, “ I’m b— : dif you shall take him.” He put bis bands on my shoulder and pushed mo back. I was oblige dto let go of Lambert, but I then tried to get Downes out of the house. He resisted, and gave me a blow, behind the car, not a very heavy blow, be-; cause there was a crowd. I let go of him" through that. I ran down to my bouse, 150 yards away, and fetched handcuffs, but on returning to the hotel, be bad left, and I crossed to the Waitotara Hotel. Downes was (here, standing at the bar. I called on Mr Stent, Mr Richardson, and a man named Stait. Mr Stent and Mr Richardson responded to my call for assistance, and I seized Downes to apprehend him for the previous assault. We three collared him together, but a crowd dragged him away out of otir hands. I got a blow on (be side of the bead from someone, and when I looked round again the place was dear, except Mr Stent, who was lying on the broad of bis back in the bar. A man named Lurnb bad a chair uplifted as if to strike him, but I knocked it out of his hands. My face was bruised a little. Two or three bad held rnc while Downes was taken away, and I was powerless to sec who they were. Downes bad said be would go quietly if I did not put the handcuffs on, but then the crowd interfered and took him away.

Mr Hamerton : What state was Downes in ?

Constable . lie "was neither drunk nor sober, but excited. It was a Wet day, and they had been in the two public-houses all day. Mr Hamerton : Could Downes have walked a chalked line ? Constable ;He was half drunk. He was able to walk, but was regimeiitally diunk, and would not have been passed for military guard. Mr Hamerton : Did you know there had been a quarrel. . . Constable.;, I heard of a row just after tea-time, but it was all oyer when I reached the place. When I first seized Lambert, I had' to let go or get m 3' my arm broken. Did he rescue Lambert —Did he pull him out of 3’our arms ? Constable: No, lie did not do that. Downes put his hand on 1113' shoulder and said I should not take him: ! >

Thomas Fisher, storekeeper, deposed :, L was passing, the Railway- Hotel on that evening, and saw Constable Hynes struggling inside with Downes, to put him out. I did mot sec any deliberate blows struck, but they were scuffling. Downes had the constable by the shoulders. I afterward* went across near the Waitotara Hotel, and saw’ Downes go in there. Then the constable went in and called on persons to assist.bim in arresting Downes. Mr Stent and Mr Richardson assisted'him.' /A general scuffle ensued, and I saw Downes get away by the front door. I saw no on* assaulted, but there was scuffling. Charles Prouse, farmer, Wb.enuakura, deposed : I was in the Railway Hotel on this evening, and I told the constable that Downce had assaulted me. I heard Downes tell the constable to let go his prisoner (Lambert). Downes got bold of the constable and tried to throw him, and the constable bad to let go of Lambert, and catch hold of Downes to prevent himself from falling. Then Downes and the constalde struggled. Downes struck the constable in the struggle. Downes got awaj’ eventually. Mr Hamcrton : How many blows did: Downesstiike the constable? : Witness : Three or four about the head. Downes had hold of the constable from behind, and was punching him at times about the head and shoulders. The constable had to let go of Lambert to defend himself. , Downes and Lambert were

drunk. Constable Hynes was recalled. Sub-Inspector Bullen asked ; Would you have succeeded in getting Lambert

out of the house if Downes had not interfered ? Constable : Yes. Evidence for the defence was then called. Alfred O’Connor, groom at Manutahi, deposed : I was at the Bailway Hotel in the evening, and saw the constable seize Lambert. Downes put his bands on the constable’s shoulder. I don’t, think Downes struck the constable, but both were struggling. Downes did not attempt to seize Lambert, but the constable let go of Lambert and got hold of Downes, I went to the other hotel, and heard (ho constable call on three persons to assist him. I did not sec Downes strike. __ S. W. Nicholls, proprietor of the Waito(ara Hotel, deposed : I saw the scuffle in my house. The constable attempted to arrest Downes, and prisoner said, “ I will go with you without handcuffs if you will tell me what I have to go for.” Mr Stent caught the prisoner round the middle, and the constable attempted to put the handcuffs on. Tl iis closed the case, for the defence, and the Bench reserved their decision. assaci.ti.no mu ruocsK. Lambert was next charged with assaulting and beating Charles Prouse, in the same disturbance. Prisoner pleaded guilty, with extenuating circumstances. Mr Hamilton stated that when Mr Prouso was called on to arrest Lambert, the prisoner struck him in the excitement. Decision reserved. ASHAUI.TI.no THE CONSTAIU.E. Frederick Stait was next charged with assaulting Constable Hynes, and obstructing him in the execution of his duty. Constable Hynes deposed that at the Waitotara Hotel he called on three persons to assist him in arresting a prisoner. Stait was called on, but he stood there and took no notice. Witness was struck on the head, and Stait went behind witness, caught hold of his leg, and pulled it. backward. Was obliged io let go of Lumb. Mr Hamerton ; Why did you try to arrest Lumb? Constable : I saw Lumb standing over a man lying on the ground, and he had a chair uplifted as if to strike him. Mr Hamerton : Did he strike him ? Constable: No. Mr Hamerton ; Then why' arrest him ? Constable : I should arrest any man who was attempting to commit an assault. I knocked the chair out of his hand before he could strike with it.

James Stent, settler, Waitotara, deposed I was called on to assist in arresting Downes, and I tried to help. I was pulled from the man we were arresting, and was thrown on the ground. Lumb lifted a chair to strike me, and Hynes knocked it out of his hands.

Alfred O’Connor, called for the defence, said he did not see prisoner interfere with Mr Stent when they got hold of the man they were arresting. Decision on this case reserved.

ASSAULTING MU HICIIAUDSON. The same prisoner was charged with assaulting, and heating Joseph B. Richardson, on the same occasion. Mr Richardson said that after lie had bcctf. assaulted by Downes, the constable called on himself and others to assist in arresting Downes. —The prisoner Stait struck mo'twice on the face while I was aiding in the arrest of Downes. Mr Niqholls, called for the defence, deposed that he did not see any blow delivered 'during the schnifie in his house, although several attempts to strike were made. Saw him lake hold of Mr Kichardson, and throw him down over his legs. Alfred O’Connor said he saw Stait the whole time, and did not sec him strike anyone. By the Bench ; 1 saw Stait catch Richardson by the legs. Decision reserved. > ASSAULTING Mil STUNT. William B. Lumb was charged with assaulting and obstructing James Stent (acting as special constable). Pleaded not guilty. J/Stent deposed; While assisting to arrest Downes, I was pulled forcibly down backwards. The prisoner lifted a chair, and heldifovor me to strike me. I was stunned, and could not hear any threats. The constable knocked the chair away. Constable Hynes repeated his evidence as to seeing Lumb holding the chair in an an attitude of striking. Told Lumb he was no man to strike a fellow when down. Mr Hamerton, for the defence, contended there was no case against the prisoner. The evidence showed only an intention in prisorfer’s ' niincl to strike, but not that ho did’strike'of even tlireaten him..-The proseention, he said, had totally and [disgracefully failed. There niight have been a trumpery form of assault without battery, for which he had been sufficiently punished by detention in custody. . ... -, The Magistrates retired' to consider all the cases. After about forty minutes’ absence they returned, and Captain Wray said: The offence with which some of the prisoners stand charged, that of obstructing the police, and others called tlieni in the performance of their duty, is a most-serious one, and is aggravated in the present instance by several unprovoked assaults, causing a serious breach, of the peace. In a small small place - like Waitotara, where there is only’oiie guardian of the peace, it behoves the Court to uphold the . law most stringently; so that offenders and the public may know that such outrages will not fail to receive salutary punishment. Itisbe3’ond dispute that drink had been Indulged in freely, but there seems not to have been any reason for the assaults, and, in the; cases of assaulting and obstructing the police, the Court, arc determined to imprison the offenders without the option of a fine, as'it is felt .that a mere pecuniary penalty would not be an adequate punishment tor this offence.

Tlio sentences ; were then given as follow:

P. Downes and Patrick Lambert, assaulting and beating Joseph B. Richardson, lined =£2 each and costs, or one week’s hard labor in default.

P. Lnnibcrt, assaulting Charles Prowse while assisting the constable, fined £2 and costs, or one week’s hard labor in default: F. Start, obstructing the constable, case dismissed, the evidence not being sufficient. P. Downes, assaulting and obstructing the constable, one month’s imprisonment with hard labor; also the costs, or one week additional in default of payment. F. Stait, assaulting J. B. Bicliardsou while assisting the constable, fourteen, days’ hard labor; also the costs, or one week additional in default of payment. W. B. Lumb, assaulting and obstructing persons who were assisting the constable, fourteen days’ hard labor ; also the costs, or one week additional in default. The four prisoners were conveyed yesterday to VVanganui gaol, none of the tines having been paid,