WOMAN STRUCK IN STREET

Taranaki Daily News, 5 November 1932, Page 2

WOMAN STRUCK IN STREET

ACTION OF DRUNKEN MAN.

PENALTY OF £5 AT WAIT AR A.

An assault upon a woman in the mam street of Waitara was responsible tor the appearance of James Henry belly before Mr. R. W. Tate, S.M., yesterday.. Kelly pleaded guilty and was fined U “It was simply ‘over the odds’ to a woman,” said the magistrate. "That sort of thing cannot be permitted. The incident occurred about 5.45.. p.m. last Saturday while Mrs. Christina Rutherford was talking to Major leu}, who was in charge of the Eltham Salyatjoji Army Boys’ Band then visiting the town. As site was inquiring about her two boys in the Army Home at Eltham Kelly came up and made a number of remarks, including one that he would rather have his children dropping in «th° gutter than living in -the home. In an endeavour to avoid fuither unpleasantness Mrs. Rutherford introduced the man to Major Perry, and a few minutes later she and Kelly walked down the street together. Looking round a moment or so later, Major Perry saw Mrs. Rutherford lying on her back. He rushed to her assistance ■ and picked her up in a d. 3 -? 6 * 1 dition. In the meantime Kelly had gone into a hotel. ■ . An account of the affair was given to the Court-by Constable Tocfter, who, accompanied by Constable King, n eiviewed Kelly. Kelly had said he did not know why Im did it because_Jie knew Mrs.- Rutherford quite lyell. When Mrs. Rutherford was' interviewed pei mouth was swollen from the effects ot the blow Kelly had struck. There was no justification for the assault, even it

Kejly had had a few drinks, observed the constable, , , “This is another of those unfortunate cases attributable to liquor,” said Mr. A. A. Bennett, Kelly, he added, was a first offender. The fact that he was on quite good terms with Ml’S. Rutherford obviated ,any possibility-of the occurrence being premeditated, so that drink could be the only cause.. Kelly hau

stated that Mrs. Rutherford admitted this and had shaken hands when Kelly apologised. Kelly was a greaser th B freezing works add did a good dedl ot night ’Work. He was a. widower with six children, only one of whom- was working. Counsel said that Kelly could not offer to take out a prohibition order because, owing to the fact that he often worked at night and slept during -tlip dav, private board was unsuitable, and he stayed at a hotel, feis children being boarded out. . The magistrate said his idea had been to attack the drink with a prohibition order. However, in view of the eircum-.-stances explained by Mr. Bennett Kelly would have to keep-away from Jiquqr by his own effort.