CHARGE OF ASSAULT.

Poverty Bay Herald, Volume XLIV, Issue 14284, 28 April 1917, Page 4

CHARGE OF ASSAULT.

As the outcom"""? of a disturbance thai took place m front of the Post Office about 5 o'clock last evening, Robert Alexander Little, a- young man, -was charged at the Police Court, before Mr. W. A. Barton, S.M., this morning, with assaulting an elderly man named Joseph Geddes. Mr. Burnard appeared for accused, who pleaded not guilty. William Oliver Long,' 'htanagcr of T. Clarkson. Ltd., merchants, gave evidence that' at about 4.45 last evening he, was m the vicinity of the Post Office*. '.'-He saw* 'Geddes land' aceuseA there.' Witness was cycling down Gladstone road, apd he saw accused 'rush forward and ''strike Geddes, ■„ndcklrig'*'hlm j'down.-' Accused was Walking 1 towards Geddes '-when vtft^ ness;. first saw them; and' "he ' stafteft tb run -when about 12 or "15 yards bff Geddes. Witness did not hear Geddes say anything- before accused rushed at hini. Geddes ie*ll on the asphalt footpath, and was. renflereU unconscious, and witness offel'ed assistance. "'' -,'."' ■ '' '", To Mr. Burnard: Witness did not know Geddes or Air. Little, senr. ,lt was ac c-used's' action i'n running that' first drew witness's attention. ' ' , '*^' v "-'" Detective Mcfiebd' -stated 'that"' about 4 .'45 p;ih. , accused came to* witness, aiid colripiained that Gcdfl;es was annoying his father. Witness' saw Little, senr., ahd Geddes walking across' Customhouse street, and he .told accused lie would "go over artd see what was the matter,' and they walked across the road itdgether, towards the 'Post -office. * Just, before reaching the kerbirig at the' Post Office Little, senr 1 ., turned ;to walk back I ' tip the "street again, 1 and "Geddes, who* \vas drunk, turned and made a 'sort of "push at* Little. Accused iriimediately 'rUshed away froni witnESs;,. and struck Geddes a' severe blow- on .-the eyje" with his clenched fist, ".knocking V him 'down.. Geddes was from t*b.r'ee. ti*w"five mUiiiteSj unirionscious. Mr. Long 'telephoned ' foi* Dri-' Wilson',- -who came^ffdwn. ' ''There i was an injury on the back (, 6t Geddes's head, a piece of skin about the size of a two shilling-piece being knocked off. Witness arrested' accused on a charge of assaulting Geddes. To Mr. Burnard: Gedcfes wks well known to the police. , .. / Mr. Burnard: He's "a dangerous' character, is; he not?r---He had that reputation some years ago", but, not of late years, i Has he not kicked'and injured men?— I Jiave>not seen it. . „ s i But.h e .-haol- 'the reputation of being a dangerous; maiV?— -Well,' yes.' •And, it's;, a question 1 of getting the first blow ih?-^l 'don't know*: that.' ,'"VV' j Did accused not act to protect ! his father 1 ?— There was ho heed f6*r that. His Worship remarked that accuse!! could have got- his father away. v : " " i . Mr ; Burnard .said Geddes had been annoying the Little's alb^he day, and,- as his Worship knew, Geddes had" -/to -be • removed from tfeft ,C.ourt ip the morning, it would be shown- -tfial. v*the a^ul^ perfectly rea^onjj^ttr 4 The case "must [be judged Vb'y s theJ^WujriSfarices jV as thY appeared to .. accused "-' at'" the : 'tiine! Tliere " rtiust.be criminal intent. ■•-Accused,-'- when '" he saw his father threatened, was justified m taking the course he did. I George Campbell; fafriier,- ftfaka'ftri, said.'.' bfetweehf * 1 * and 2' p.m' "witness saw Geddes m th'e Court-. Later m- the day, I witdess's r . wife *^(a^J daughter- of 'Mr. | Littles), complained- about Geddes. Witness "saw him m front- of Ihe Albion Hotel. Vfceddes-. came Up and. used'insulting" larij^uage, anil^ made two* or three blobs' • i _'t' wJtn*3ss.r*Wi'f'nessVt"hought' Ged-, desV 'mistook him for. accused. Witness, avbided :■''. the' blows, , and u g'bt' v his* tVife atf-***?-' When t lieti'«a'*i"ie- i 'dut of the Posti kQfflc'e- to look for '"a policeman he saw Geddes -making blows- and kicks at MT. ' Little, .Asenr..' Accused then rushed irb. ' arid,, made - n blow at Geddes to protect hii father. .-. jx^-x ' t V X: . V '•'•" ' i&xl Bernard: Had^-fVbe'en your father woiiid i^ou "have . acted in' the sanifc way? —Certainly; I consi.d*ir a man Avould bb quite justified m doing accused did. ' To' Detective McLeod: Witness, did not see' • wh'eta accused came from. "\ I The ' Detective': Now, • look here. Camp- - bell, did you • see .accused at aU until aft,e.r iC.was ovci-?— *_es. ' I Ai'e you sure? L.' want you to be care-iu\.-r-I saw accused hit Geddes. ■• ■ I What;. was yoUi*. condition as to sob : rlct"#?-^'AbsQlutely. sober.. ' Jihies Pirie, 'grocer, staled he, was. standing on the Post Office corner, arjid he r saw. Miv" tittle and Geddes crossing - custom House street. Geddes was Jost- . ling. Mr. Little. 1 His Worship: -What 1 condition wwars r Geddes* fit' as'to -'sobriety?— *v*er<y -full. ! Apd*. what condition - ivas Little senior in?— Oh, he vJiad had a few. '' ; " ' Witness said accused ran across the\ road for the deteptiye, ..When tliese two) we.ro coming V Geddes 6tr'uck Mr Little' twice. -•.'■■ -' i Hi*f. Worship: With his fist, qi- open hand?— With his o'pe'il hand; lie \vas'. too drunk to use his flstf.*"* '"' ■"'■ -"* i Witness said accused left the- detective, and rushed over and' struck Geddes a severe *nlo*w,*' Front what- 'withess sa-w He considered accused had a reasonable apprehensiom that Geddes was injuring his father, 'Witness, would have, .done; the same thihg " had' it been his .father. ' I His 'AVo'rsihlp; I suppose ."• there ' would havfe been 'ho difficulty ior Little' 'senior to 'get away from Geddes? — I " saw him trying to get away f oi five or ten mm"-. utes. • y- ■ .'■'.- •-• „.-...'.• ■-. Th,e detective: * If- '- Little senior was 1 afraid of' heing. assaulted could he not have walked over to me, **(ith- his son?— ' j,Ust"sa*w accused rim over.- , - C^ihl ttotLittie, if he_\vas sojier, .have got away fioin Geddes if he wanted ,lo? I —He 'aTßpeared te' bo trying to get-away, j Rob^t Little, senior, father of accused, said ne''saw"' Geddes Ih Court during the morning. " ■ •> V .;•'•' ■-•"'-■. ' ' Mi' iß*urna*rd: I")id''he talk :to' yoii of at you ah'd"'ci'eate a 'disturbance m. COilrt? —Not }n Court. , r-WWnesi^-said^he. went\ to the ' Albion 4b get fe dripk after 4 o'clock, and 'Geddes .asked hiin;'tp shout, .W-J.tness refusedT.^ana G*eddes siaried' to abuse him and: fbirowerf Wnr^oyef'to pie Of- , flee. Witness was intending "46 go home..) His Worship: I't's^a "pity you didn't, 1 1 thinkV r ; :: M> -. * V '■ ..* "V; '■' ' ! Witness said when he reached thc Post Office footpath Geddes struck him. Avith. his open liand. '"" lie 'was -too- 'drunk' 'to do much hai m., Wjticn w "® "hit ..witness a sccond'"t'inieV wlthes's ff he did that again he wo"*ifldr-**stailate. Witness' , son then* came andV-struclT Geddes. His Worship said m; his accused did cdniinlt .an uriju'stiflaoie assault upon this old' man! ' "Allowing" all that had been said 'to tie *tr\ls, that he did see Geddes,- who ': Was ' In a* ' fcon dition, f^tfsh his father, "still that did not 'justify accused .inflictlug" such ' severe blows upon jthe old^man as he did. He could ,have gone Vvp" quietly - and; pushed thc nia'n .'aside. Acdused. *^as a strong, able-bddled ipan^ "atitl^.Jt was , a most cowardly 'thihg ;i for,, fiini |0 - "ittack' an^'old manl like this.' 'As*' they all 'Knew, Ged- , dcs.wiien- drunk, wa's /an intolerable nuisance; stili-'he 'must be' ilrdlcct'e''i j from this sort' of thing. - f -----.- Detective McLeod said accused had previously been convicted of assault and fined £to at Motu-. „. His Worship saw butv for drink this occurrence would A^ver^have^happened. Accused was convicted and fined £2 and costs 16s Gd, tn default sfeven'daysV imprlsonmciit. v .' V V "I-v hope this wUI -be- a. lesson to all DarCies conterneiT I") Keep away irom liquqj' m futUre i " , sald i T<lr BaWoilr " GCddes was convictcd/y for -drunkenness for- the second time "ih" six months, and was fined £1: andrcosts 2s, m default fout* daj's* . hiiprisorim<*nt. He expressed his 7 willingness lo have order mafic again^V'TrtTmseir? and an order was niade accordingly.