MAGISTRATE’S COURT

Southland Times, Issue 23664, 12 November 1938, Page 12

MAGISTRATE’S COURT

FRIDAY (Before Mr R. C. Abernethy, S.M. John Wilfred Small and John Flinn were charged with fighting in Esk street. Both pleaded not guilty. Senior Sergeant W. Kelly said that Constable L. Cook saw several men come from the pie-cart at 11.20 o’clock on Thursday night. He heard raised voices and two of the men appeared to be quarrelling. The constable saw the defendants shaping up to each other. The other men who were present endeavoured to separate defendants; they were punching each other when the constable arrived. Constable Cook stated in evidence that at 11.20 o’clock he saw a group of men come from the direction of the pie-cart. Two men appeared to be quarrelling and were punching each other when he arrived. He then arrested the two men, who were both sober. “I was walking from the pie-cart and I was not among the mob of men that left there,” stated Small. He said he heard someone coming behind him, but he took no notice. Suddenly his hat was knocked off his head and he spun round and overbalanced into the gutter. He saw that it was Flinn who had knocked his hat off, and he rushed at him to retaliate. Someone seized Small round the waist and another person held Flinn. It was all done in a joking spirit and he was only trying to knock Flinn’s hat off. Small said he had been going with Flinn’s daughter for a number of years and there was absolutely no reason why he should'turn round and fight Flinn in a public place. Flinn did not hit the defendant and was not even trying to do so. : Flinn said in evidence that he was only skylarking and he did not think he was committing a breach of the law. Had he realized this he would not have started any nonsense. “This is not a serious offence, but it is a foolish one,” said the Magistrate. The two men were fined £1 each. Flinn was given a month in which to pay.