CHRISTMAS PARTY BATTLE

Poverty Bay Herald, Volume LXIV, Issue 19248, 13 February 1937, Page 8

CHRISTMAS PARTY BATTLE

SOUTH KARORI AFFRAY

3 BROTHERS CONVICTED

ORDRR TO PAY POP TEETII

(Per Press Association.) WELLINGTON', this dav

A battle royal in South Karon 01) Christmas Eve and Christmas Day was described by witnesses in tin; .Magistrate's Court yesterday during the hearing of 10 assault, charges against five defendants, and other charges involving possession of an automatic pistol and ammunition.

Several of the defendants 'had received medical attention as the result of the battle, one being kept in hospital for live weeks with a broken jaw and injuries to the sides, chest, throat and tongue. The end of the contest; took place on tho afternoon of Christmas Bay, when eight persons wort.' involved, three being rendered unconscious. John Gordon Kilminstor, farmer, was charged with assaulting James Robert MeKonsio, and with bavin;; an automatic pistol, and ammunition adapted for the use of if in hin possession.

i His brother, Frederick Percival Kilminstor, farmer, was charged with assaulting Eileen Mehihopt and .Tames Robert MeKenzie, A third brother, Lawrence Victor Kilminstor, farmer, was charged with assaulting Reuben Mehihopt and Albert Henry Mehihopt, farmers, and also MeKenzie. Lawrence Kilminstor, in his turn, charged the Mehihopt brothers with assaulting him, and John Gordon Kilminstor charged MeKenzie with assault. UNINVITED GUEST. Detective-Sergeant Doyle, outlining tho case, said that John Kilminider was an uninvited guest, though a friend of "Mehihopt \s, tit a Christmas Eve festival at Mehihopt's house. After some drink had been consumed, fighting occurred between Kilminstor and MeKenzie. Kilminstor went home and his brother Frederick n'r'r'ivcd at the partv, and further fighting occurred. * .

On Christmas Day. continued Detec-tive-Sergeant Doyle, Frederick Kilminstor returned to apologise in Airs. Mehihopt, saying to MeKenzie in passing, that: tfiey "would get him.'-' Later, Frederick Kilminstor arrived with his brother Lawrence. McKcnzjc was grabbed from near the door and pulled backwards over the gravel with his shirt, over his head so that he could not see.

Lawrence Kilminstor started to jump on MeKenzie'a .stomach. Mehihopt. intervened, but was knocked oul by a blow on tho forehead with a stick. Reuben, his brother, came (o his defence, but, was held with one arm

and stru.de in tho face with Iho other. so that his dental plate was broken. They also pulled his trousers off. MeKenzie was meanwhile crawling back into the house.

Frederick Kilminstor threw Mrs. Mehihopt, who was also taking pari in Hie defence, against a wall, rendering her unconscious. A constable was called in and had to summon medical assistance immediately. PLEA OF SELF DEFENCE, The defence was a denial of the charges against John and Lawrence Kilmister, n plea of justification on the grounds of self-defence being advanced in tho case of Frederick. It WRS suggested that, he had taken the law into his own hands, ami sot out to avenge his brother's injuries. "I am quite satisfied you did commit the assault," said the Magistrate, in addressing John Kilmister. "You took- off your coat, vest and shirt. and if that is not a threatening attitude, I would iiKe to know what is. However, there are certain extenuating circumstances in your case, so I. am prepared to convict and discharge von.

"Yuti.'-' said me Magistrate to Frederick Kilmister, "arc in tpiite a different category. You made three premodiated assaults. You took tho law into your own hands instead of communicating with the police. There is, in my opinion, no justification for your brutal attacks. You will be lined £8 with costs."

To Lawrence Kilmister, the Magistrate said there was no doubt he hail taken part in the assaults, but just to what extent it was difficult to say.

"I am quite satisfied, however, that yon went along to help your brother Frederick avenge John's injuries, and that your assaults were also premeditated. You will be fineTT £.'; and ordered !o pay the cost of repairing Reuben Mehihopt's teeth. For being unlawfully in possession of an automatic pistol John Kilmister was fined £5.