FIGHTING PROCLIVITIES.

Poverty Bay Herald, Volume XLVI, Issue 15081, 2 December 1919, Page 5

FIGHTING PROCLIVITIES.

DESCRIBED AS ON A HAIR .-. TRIGGER. ' • „___ ' 'i FINES FOR ASSAULTS. Frederick George Dominey (Mr Burnard), agedl. 21 years, pleaded not gui'-Hy •nt the Police Court, to-day, when .charged with, assaulting --John. Pritohnrd on November 29; at the -British; Empire stables, and also with .assaulting John Patrick McNaraara,' at the same placo .and on the . same date. -John. Patrick McNamara, laborer, residing at Te Hapara, who had five scars on the^ right side of his head, told the Court that- accused came up to him in the ,Empire Hotel, and said "I think ,1 know you." Witness said. "T don't know you." Accused said, "I don't think you are much class.' A little 'fight ,ta*lk ensued,, and witness commenced to- remove his coat. Accused got in' earlyj. and •witness said he remembered nothing m one for an hour. Accused just at six : had : - opened the conversation by tolling witness to get out j.of the -baa\ . Accused had subsequeni'ly apologised, and said , .h© h.^d taken . him j f or 7' another- man.-rTo Mr Burnard : Accused did not get out of frhe hotel, and finding witness with his coat off "waded" in" to protect himself. Wit- } ness left the ; hotel and. accused .followed him. • He thought ther<> might be.trouble '; brewing,, so he was getting ready for it •bjy '.'talcing.,. his co-at off. ■ .- • ■ Mr 'Burnaid : Your, complaint is that you. were prepared for a fight, but accused ' hit y oil before you were ready? ■' Witness : Yes, 1 ... had to defend myself. ■ ;.-,•.' Michael McNamara, drover, said, he saw the previous, witness lying in the Empire stable >yard, bleeding. Witaiiess said to accused, "What did. you hit him j for?" Accused replied, "ill hit you, too."— -To Mr Burnard: He did not see his' brother liit^ He' would have got a :"clQut/' too, if h© (mtneas)--had nvter- • -, . %■■:•. ;• ■ ' r . Dr. C. ;F. Scott- said he patched .up Pritcliai'd-'s'head on Saturday , night. The naiture of -■ tho injuries vindicated that .Pritchard's head >had come into violent aontaot with ai man's- fist,- It would bo two weeks befoi'o -he was Well, and as it was a nas% lacerated wound it might load to other trouble : ... - John P.-.-Pritchard, who had his head heavily swathed in bandages, gave testimony that as he entered- the .stable: yard from the hotel he saw MeNamai'a lying on the; ground. He learned from an onloofceiv what 'had . happened, and tJien went -after: 'accused aaid 1 -said' to hiftn ; v "You'-have knocked that man 'out .;- you had better •. come back and- see to lum ; you have, killed him or . something.''-, .As i-hc- turned to indicate McNarinma he got ■Hi '.from v accused ...in the> ear.- • Ho had ; a slight • recollection ..of beings attended to by. Du. Scott, and of being driven home in> a taxi. Af tdr that ull was blank for some . time.— rTo Mr Burnard : .. Ho /had his hands hi hi» pockets as he approach? ed accused, because he had silveiv in . his poukets. He , did not approach aggressively. .'.-■•. , . •, • .• • : ; Arthur C. Langford, occupier of the British Empire stabks, saiid that shortly -after 6 p.m. last Saturday he saw accused proceeding through,-, the. ■.■ -stables} Pritchard ran after him, calling to him ;to come back, us there was a. inau-.liurt 1 . PrittJiard did; not. appear to bo hostila. Accused struck oinly. one blow, and knocked) Pritcliard out.- . t John Tiu^nbullt, laborer, said he suw accused "ha.ul:.ojl" and liit Piitchardi It was -aw unprovoked blow, and. put Priloliard. right.outi ;It;was a cowardly,' '.blow, as Prritchard was not looking, to- * wards accused. Patrick Joseph Semple, drover,", gave ..evidence, similar to that .of.' previous'' ■ witnesses,- • / • -. -. . •. .. r ■.; Mr Burnard said there were two as--■sauits. The second arose through the circumstances of the firit. Accused facetiously gave some order, imitating, a bar man, telling, .the people in the bai* to get out as jit-waa dosing time. yHef : saw McNamara with his coat off, and I :ot in first. His' next -impression was a, man running after . liam,,uaud thinking, Pritchard was a. mate of tHe .ViUMjuishfed! maiv looking^ for .yewganc© he. "let , out";. ,and got "Jioffife."". ,; r ,l J, V -•> - ■ Arthur .Heeriey said - when accused came; out pf. the bar,. McNamara had Ji!te coat off. ! ThVy shaped ' up, and" accused': got in; first. ,, Ib...w,as fight, -with' only one hit iga .:$. VI Wheni. Pritchard raiii iipto them: he!!said, "You: can't get oi|t 6i it like>.th}s,' ) Vr >Acciised..thenViiit.' It appearetl V t0. , . w.i.iaiess T ' v that' ," accused' thought Priteham was going to be.agrT gressive, ..,;. :-;.j.\ i: . •,......:,: ,; „■,.-..; v , His Worship,;. *'D6 yott.call that a. f aim' fight, too?..,;;. \:.y- ; ; v ,,; ■;. ' . ■. .-..„. A ;, ; ;[. Witness:. NoJ. not exactly. ... .'. „.' ' )?\'> To Sergf;; ,.Clarkson,:-. r !He '/had' see!ri} accused ; iir a f riendly rSpaiv but- . did n&fcj think he yf as] .beyoiidi the!" average lad Uthe street. MoiNamara was Vnot xnat^n for him. ■ .^J. ,. „, The Sergeant pf Police said.tiiat wlia.t T over the McNaniara ineddent was', it was no excuse for the .cowardly' assault on Pritchard. It was not /the first,; tinie/ accu?ed had. knocked men <mt; - , '.'v|. His Worship'- remarked that ''there wa-§ not the slightest* doub.t*that ihe assaiilta were committed^— that 'in eaoh case .ithey were cowardly- a^safitlits ' catried , oiit on older merij than '■ Idmself. , , Accused V Appeared to 'carry : his jfighting proolilvi'ties on ,a,.haiivtriggeiv ]j^bTo."to'gq off at $i$ moment'. -The' Second r wae,' an utterly": cowardly blow ;withoutVlijne thing, to ■ b6' said in itsf^.favor. ■■'." : Ori^ 'the' first' "chaive accused was^fined; J£sl wtli '.'oostb "£2, 7s 6d, or 14 daj^'" imprisoirime'iit, and o\\ tlie charge rof >Pritohaa;'d accused Was fined £10, . with' "obsts .. £8 10s, or a nioirfli^.' : imprisonment. , One pound of the finp- oh tlje first charge; was 'to be l paid ; <o McNamara, and £5 of the £10? fine t6; Priitchird, ' '^, :'.^.'.. '■,'. Tho sentences were m : a,cTe .cuanulative. ,