CLOSING TIME

Southland Times, Issue 19598, 9 July 1925, Page 8

CLOSING TIME

WALLACETOWN FRACAS AN ORGY OF FISTICUFFS. '‘DRINK IS A TERRIBLE THING.” The complicated story of an evening • fracas at the Wallacetown Junction Hotel ' on May 16 was unravelled in the Magis- : trate’s Court yesterday, before Mr G. Cruickshank, S.M. The case occupied the hearing of the Court all afternoon. At the conclusion of the evidence the Magistrate passed very severe strictures on the occurrence, and called it, “a disgraceful affair.” Arthur Ernest Dawson (Mr Eric Russel) : was charged with using obscene language, causing a breach of the peace by striking Charles Henry Smith, and behaving in a disorderly manner at Wallacetown on May 16. Alexander Kelly (Mr S. Ritchie) was charged with assaulting George Ness and John Harris, and with being found drunk . at Wallacetown on the same date. Charles Henry Smith (Mr Gordon Reed) ' was charged with causing a breach of the ' peace by striking Dawson, using obscene language and refusing to leave the Wallace- j town Hotel when ordered to do so by a ; responsible person, G. Ness. Dawson also : i charged Ness with assault. | The Police were represented by Senior- . | Sergeant Scandrett. Senior Sergeant Scandrett said that ' three young men had been to Riverton and arrived at Wallacetown where after being, refused a drink, Smith and Dawson fought j on the road. Ness, who was in charge of the I bar, ordered Smith to leave but Smith came 1 forward and attacked Ness “Like a roaring lion.” Later each egged the others on to j assault Harris as since their arrival the men ! had drunk two bottles of beer and a bottle of whisky, and were ripe for mischief. Kelly assaulted Harris who fell on his knee and had been a cripple ever since. He had been operated on. After the fracas, beer and whisky in bottles, not stocked by Harris, were found on the road. BARMAN’S EVIDENCE. ! Sydney Mumfit (barman) said that the day in question was Race Day. The first he saw were Kelly and Dawson standing outside using obscene language. Dawson was i raging about wanting to fight all and sundry as he had lost a tooth through a blow | from Smith. Kelly was shouting to Harris to send out his “chucker-out” and cursing. Witness calmed him down but he again got ( excited and continued calling out. To Mr Russell—Dawson was very excited and appeared to have had liquor. Mrs Harris was present and heard the language. To Mr Ritchie—Kelly was going to put his coat on but was excited by another man. To Mr Reed—He could not say that Smith was a member of the party and did not see him in the bar. Walter Edward Murray, a barman in the hotel, said that when he came Out after tea he found Kelly saying: “You—Harris; put up your hands.” He then thumped Harris on the chest. Dawson was also using bad language. Kelly used the language in front of the door step. • To Mr Russell—Dawson also challenged ’ Harris to fight. Both he and Kelly had their coats and hats off. William Harris, aged 15, and a son of the licensee of the Wallacetown Hotel, said he saw Smith going up the steps into the bar, and Ness pushed him back. Smith had another try and got into the bar, but again Ness pushed him out. Smith aimed a blow- and hit Ness on the chest. Ness hit him in return. A BATTLE ROYAL. George Ness, barman at the Hotel, said that at five minutes to 6 the party came in and all were served except Dawson. At 6 o’clock all went out and witness saw Smith and Dawson fighting on the road. A few minutes later Smith and a man named Watt commenced fighting, and witness told them to stop. Smith told him to mind his own business or he would smash him up. Smith then attempted to get into the bar and after being pushed down once or twice he punched witness on the chest. Witness returned the blow in self defence. Later witness came out again and found Harris trying to quiet the three accused and Watt. Dawson attacked witness and Harris stepped in between, then Kelly assaulted Harris and called him filthy names. Kelly turned to witness and said: “Who is this chucker-out you’ve got?” and held Harris by the waistcoat. Then he rushed at witness, struck him and Harris, who had a poisoned arm. Mrs Harris tried to stop Kelly, who swore and thrust her across the road. All the time Dawson was swearing on the roadway. Watt was responsible for Kelly attacking witness. “FROTHING AT THE MOUTH.” William John Harris, licensee of the Wallacetown Hotel, said he was called outside at 6.30 o’clock on May 16. Smith and Dawson were shaping up and witness stopped them and sent Smith away. Kelly then approached and blamed witness for interfering. Kelly struck witness, but Watt approached and said that Ness was the man who should “get it.” Kelly said: “If you had . kept your door closed this would never have I happened.” Witness replied that the matter was his business, and Kelly punched ■ him again. Mrs Harris approached but was ; pushed aside and sworn at by Kelly. To Mr Ritchie—Kelly was very excited ! and was frothing at the mouth. He was being egged on the whole time by all the ' rest. i On behalf of Dawson, Mr Russell enter- | ed a plea of guilty to the charge of using obscene language and not guilty to ' the other two charges. • Dawson was not a drinking man, and the liquor he consumed! had considerable effect. Arthur Ernest Dawson, in evidence, said j he was a married man. He visited Riverton and had drink in the township and out at the course. More liquor was drunk at Stivens’ and when he reached the Wallacetown Junction the liquor had taken effect. He was refused liquor and was outside when someone rushed up and hit him a terrific blow in the mouth, splitting his lip and ; breaking a tooth. Witness spent the rest i of the evening hunting for his coat which ’ he had taken off. and hunted for the man ' who had hit him. He did not see the man J again. Witness had never been in Court , before. For the accused Kelly, Mr Ritchie said, he was also a young married man with a , family of three. The accused had very ■ little recollection of what occured, and : could only remember that he wgpted to go i inside and get his hat. INSURANCE POLICY NEEDED. I Alexander Kelly, labourer of Kennington, ' gave evidence on the lines of the previous • witness as to the adventures of the party j up till the time it reached Harris’s. After i having a drink witness walked out and “the first thing he got was a slap on the mouth.” “A man needed an Accident Insurance policy outside the hotel that evening,” observed his Worship. (Laughter). Witness continued that someone hit Dawson, Ness hit Smith and witness completely lost his head; as everybody was arguing at once. For the accused Smith, Mr Gordon Reed contended that there was nothing to show that he was striking Dawson or using bad language. Charles Henry Smith, bottle gatherer from the various hotels, gave his version of the occurrence. When 6 o’clock came wit-' ness commenced hunting for his taxi driver. He approached Ness and asked to obtain the use of the telephone but before he spoke, Ness struck him in the mouth. Senior-Sergeant Scandrett cross-examined, and at the request of accused read a list of previous convictions. Accused—“ They have nothing to do with this case. They are all drink.” “I am favourably impressed with. Smith,” said his Worship. All charges against Smith including the counter charge against Ness were dismissed, also the charge against Dawson of striking Smith.

“Terrible language was used and the whole affair has been of a disgraceful nature,” said the Magistrate. “It shows what a terrible thing drink is. These are two young men, evidently of decent character, and with wives and children, carrying on like that.” The case was adjourned for a week to enable the Probation Officer to report od Dawson and Kelly.