CHARGE OF ASSAULT.

Taranaki Daily News, 28 October 1921, Page 8

CHARGE OF ASSAULT.

A FINE OF £5 IMPOSED. TROUBLE IN HOTEL YARD. A short encounter in the backyard of an hotel on a recent Saturday evening, which ended in one of the participants receiving a broken nose resulted in the appearance of David Dobbin before the Magistrate’s Court at New Plymouth yesterday. He was charged with assaulting William Shore by striking him in the face. Mr. F. E. Wilson appeared for the accused, who pleaded not guilty. According to Senior-Sergeant McCrorie, who conducted the prosecution, the alleged offence occurred on October 15. Dobbin was a laborer employed at the hydroelectric works at Mangorei, and Shore was a carpenter there. On October 11 Shore had a dispute with a man named Walker aver a brace and bit. On the 15th, a Saturday, several of the men came to town, and met in an hotel. Dobbin evidently took Walker’s grievance as his own, and assaulted Shore later in the day. Dr. E. F. Fookes said Shore called on c him on the 15th instant, and was suffering from a fracture of the nasal bones. There was also an abrasion just above the bridge of the nose. COMPLAINANT’S STORY. Complainant said on the Tuesday afternoon he was asked by a man called Walker to lend a brace, and Witness said he would not lend it. On the next morning, however, he found that the brace had gone from the tool-box. Walker denied taking it, and he and witness exchanged a few blows. This was all that happened at the works. On the Saturday be was walking down from the Post Office, accompanied by a friend, when sftmeone called out “Barney”. He looked round and saw Dobbin, Walker and some others. Witness kept on walking, but Dobbin and another man caught him up further along the street. Dobbin invited witness to have a drink, and three of them adjourned to the Imperial Hotel. They had hardly been in when Walker and some others arrived. Walker then revived the dispute with witness over the brace, and wanted to fight. Dobbin suggested that they should go out in the backyard, but witness refused, stating that if he could get a man to see fair play he would fight Walker. Witness then walked along Devon Street, Dobbin and Walker following him. They abused him, and Walker wanted io go to the park or to go down on the beach to fight. Witness later left them and went tp the Red House Hotel with some friends. He came out by himself, and was met by one of the previous party (Dobbin). The latter asked witness if be had got the man yet, or if he could find a man to fight him (Dobbin). He then assaulted witness, by striking him a blow on the nose.

Cross-examined, he said he had left the Mangorei works on account of the threats received from the others. He denied that he was always looking for trouble, or that be had been dismissed from the harbor works for quarrelling. He had only had three drinks on Saturday.

Constable Hadler slated that he was at the Red House Hotel on the 15th instant when he received a complaint from Shore to the effect that he had been assaulted. Witness and Shore made a search for the assailant, but did not find anyone. Detective-Sergeant Cooney said he interviewed Dobbin, who made a statement to the effect that when be was coming out of the Red House Hotel be was met by Shore, who said: “I have got you on your own now/’-and threatened’ to hit Dobbin with a bottle. It was then that be struck Shore. CASE FOR DEFENCE. For the defence, Mr. Wilson said Dobbin had been on friendly terms vzith Shore, and had invited him to have a drink. He left complainant, and met him by accident later when coming out of the Red House Hotel. Shore threatened to split defendant’s head with a bottle, and Dobbin struck in retaliation. Although the consequences were more serious than might have been expected, the offence was not one that should be visited with any punishment. Shore was looking for trouble,

Dobbin said that be had invited Shore to have drinks earlier in the day, and they were accompanied by Dewson. They had just been served with the drinks at the hotel when Walker came in and was invited to join them, He said he would not drink with that company, and then an argument commenced between Walker finfl Shore. Thfere was some talk of fighting tn the backyard, but nothing happened, When witness was coming out of the Red House Hotel later, just prior to going home, he again met Shore, who threatened to hit him with a bottle. Witness then struck in self-defence, and drew blood from Shore. The latter dropped his pipe, which witness picket up and handed to Shore, saying, “You had better go home, Barney,” Cross-examined by Senior-Sergeant McCrorie, be admitted that though" Shore had mentioned hitting him with a bottle he had no bottle in his hand. He expected a blow from Shore, and that was why he struck.

Evidence was given for the defence by William Dewson, who was in company with Dobbin when they met Shore, The latter said, “Where are all these fighting men now?” To Dobbin he said, “I have got you by yourself,” and he made an attempt to hit out. Dobbin replied by striking Shore. There were only two blows struck.

Examined by. Senior-Sergeant McCrorie, witness admitted that when the police visited Mangorei to interview him he had denied knowing anything about the assault. He had only made that statement, however, with the idea of keeping out of Court proceedings.

Worship- (Mr. A. M. Mowlem) said k he had great difficulty in believing that defendant was the peaceful man he claimed. Walker was, no doubt, the prime mover, but the incident at the Red House showed plainly that Dobbin took Walker’s part. He had no right to strike a man and cause a fractured nose.

A fine of £5 was imposed, and defendant was also ordered to pay £1 Is witness’ expenses. His Worship directed that half of the fine be paid to Shore.