TROUBLE AT WOODVILLE.

Poverty Bay Herald, Volume XXXI, Issue 10139, 27 August 1904, Page 4

TROUBLE AT WOODVILLE.

THE AUSTRAL GUARDS' CASE

The Woodville Police Court was crowded on Wednesday when the- Austral Guards' case was heard. In the first case, m which Eccles was charged with assault, Phillip Henry Johns, a, member of the Austral Baud, stated that on last Tuesday the band was marching from the station, when a 'bus, driven by Eccles, approached. The band drew oft' to the left-kind side of the road. Eccles kept straight on, without attempting to rnovo off, with the conscquencc that the band, who were marching six abreast, had lo break their formation. When near the band, the horses swerved off of their own accord, and Eccles immediately attempted to pull them back again. He also lashed out at the> band with his whip, and struck witness across the shoulder, the lash extending down his back. Whilst the town clerk was giving an address of welcome at the Alexandra Hall Eccles drove m between the band and the footpath. William H. Gore, adjutant of tike band, stated that the 'baud was ordered to move oft" to the- side of the road. When the 'bus driven by Eccles was approaching the off-side- tho band was m the gutter, and the flank, m which Johns was marching, was on the wheel track nearest the gutter. Eccles drove straight on without attempting to pull off, and' when the horses swerved the accused reined them back. Simultaneously ho struck out indiscriminately with, his whip and hit Johns. When Eccles drove between thu band and the town clerk at the Alexandra, hall ho nourished his whip at tlte bandsmen. Ernest Kemp, bandsman, m giving evi.ctence, staled under cross-examination that he saw Johns put up his hand to stop the horses, which shied m consequence. Eccles then lashed out with his whip.

Thy- first witness called 1 for the defencej was John Nicholas, a member of the Wooclvil!-;' TWough Council, who stated tint whilst the address was being deliveml to tlie band by the town clerk he stood on the opposite side of the road. Eccles could not have driven past the band! m any other way than he did. Several vehicles had drawn up m the street to witness the ceremony, and m .consequence the space left behind the band was not sufficient to allow the 'bus to pass. He suggested to two of the bandsmen m the rear rank to close up. They wanted to know what business of his it was that they stood m- the roadway. It was untrue that Eccles threatened the bandsmen with his whip as he drove by. "He hit his horses," witness added, "and brought the whip back again, holding the lash." Oliarles Edward Eccles, the accused, deposed that ho started to pull off his horses about 40 yards from the band before passing them the first time. When he reached them the 'bus was "a good half off the roadway." One of the bandsmen raised his hand and dug at one of his horses, with the result that the animal cannoned against the polo. Witness immediately lashed out with 'his wliip (produced) at the band, but did not hit anyone. Coming back Eccles stated he drove through the only channel tliat was open. "I couldn't stop ; I liad the mails on board," he added. At a later period' witness stated that the. informant, accompanied by other bandsmen, came round to his stable and demanded an apology. Witness refused, whereupon they asked him to come out into the paddock. "What did you tell them?" asked Mr Gothard. "I couldn't fight them as I liad no seconds," was the reply. Eccles was fined Is and costs. Wm. H. Gor«, adjutant of the Austral Band', was charged on the information of Eccles that "on August 16th he did use insulting words m a public place— to wit, the Alexandra hall. Woodville — tliat the informant was 'a despicable cur,' whereby a breach of the peace may have been cauwd." The Bench, decided m favor of the accused, without any evidence being called on his behalf. Costs Mere not allowed. Johns and Eccles wero charged "with threatening behavior ub Woodville station* Cecelia Grant, manageress of the refreshment rooms at the station, deposed that she heard an Austral bandsman say to Eccles at the station, "I have come for satisfaction." Several other bandsmen were standing by, andf she heard one of them say, "(five it to the bastard." The man that asked for satisfaction then struck Eccles on the face. A second blow was struck, and then Eccles retaliated. After a fight, witness, who is a damo of no slender proportions, separated the combatants, and took Eccles under her charge. Ellis Hambling, carrier, stated that he was standing by at the lime when he heard Johns, m company with other bandsmen, ask Eccles to come round to the. rear of the station and settle this affair. Eccles refused on account of having mails and coach horses under .his cltarge. Johns hit Eccles first, and a free fight followed.

Charles E. Eccles was then called, and gave evidence m corroboration of the previous statements made m regard to Johns striking him first. He denied liaviug made remarks at the- station that he was looking for the man who was going to take it out of him.

Mr Gothard admitted at this stage that Eccles did not deny the olfence, but pleaded provocation. Alfred Rosenberg, draper, Woodvi'.le, had given evidence m support of Eccles when Mr Trewin also announced Johns admitted the offence, and mad© the same plea as the defendant. H« then called Johns.

The latter denied he struck Eccles first, whom he stated entered into argument with him and struck first. He also denied that he displayed 'any fighting attitude until Eccles" assumed the aggressive.

Ernest Kemp, bandsman, was called, and stated 1 he was Avalking about on the platform, when he heard Eccles v say lie was waiting for the man tliat was going to take it out of him.

George Robinson, ralway fireman, slated that he liad' heard Adjutant Gore remark, "He'd get satisfaction by taking it out of his hide."

The Bench considered ihe e«vci<.nee was very contradictory. Johns was m a great measure the aggressor, iind they accordingly would' fine him £2 and costs, m default . ten days' imprisonment. The quarrel was not sought by Eccles, but by Johns. They dismissed! the information against Eccles. Richard Gower, bandsman, and; Albert Rosenberg, civilian, were also charged with threatening behaviour. Ellis Hamblmg, carrier, stated he heard Gower say to Rosenberg, "Woodville people are a dirty lot of dogs." Rosenberg replied: "If there are any dirty dogs about, ifc is you fellows." Gower then said, 'If you repeat that I will punch you." Rosenberg repeated it, whereupon Gower struck at him. The latter warded off the blow and retaliated. Witness was positive as to Ids statements. Corroborative evidence was given. Abner 11. Gower stated tliat he heard Rosenberg say tliat Eccles had not been given room by the band to pass. Witness then entered into argument with Rosenberg and said to him, "Eccles was a dirty dog for striking Johns. He flogged' our man." "Rosenberg," continued witness, "replied that we were the dirty dogs and that he was prepared for any of us, suiting ihe words by the action of buttoning up his coat." The next thing witness knew was that ho received a blow m the eye. A fight then ensued. Gower also stated he was certain he did not strike the first blow.

Adjutant Gore, was an eye witness of the occurrence, corroborated Gower. In cross-examination he refused to state whether he had written to a> Paluierston paper giving an eye-witness' account of the trouble. Alfred Rosenberg, m his evidence, stated thikj. it was Johns who first made use of the.e xpression "Woodville people were a. dirty lot of dogs." H© denied tliat there was any close friendship between him and Eccles, or that he had gone to the station to create trouble. H,,ri» i.-ao finart P.l nnrl /Rosenhel'2