FIGHT AND THEN ASSAULT

Taranaki Daily News, 19 January 1933, Page 12

FIGHT AND THEN ASSAULT

FITZROY STREET AFFAIRS J. C. B. WALSH AND A. V. COOPER. RELIEF V7ORK FOREMAN CHARGED SUBSEQUENT ASSAULT PROVED. An affair at Fitzroy causing some sen- < Ration at the time was ventilated in the Police Court at New Plymouth yesterday,' when John Charles Barry Walsh and Arthur Valentine Cooper were each convicted and ordered to pay 14s costs 'for fighting in a public place (Princess Street). Walsh, in addition, was fined £l,' £2 2s medical expenses, and 8s witness’ expenses for a subsequent assault on Thomas Lewis Hoffmann. The trouble started about 7.20 p.m. at the corner of Record and Princess Streets, said Senior-Sergeant Turner in outlining the prosecution. As a result of an altercation there Cooper and Walsh came to blows, the latter getting the worst of it. Hoffmann, on his way home, was - told by two boys that there had been a fight. Further along the street he met Walsh, who assaulted him. Both Cooper and Walsh were relief workers, said Mr. Turner. Walsh was foreman- ; in-charge at the aerodrome. Cooper had f not been working there. Mr. R. W.. Tate, S.M., was on the bench. Pleas of not guilty was entered, on all the charges. Mr. P. Grey represented Cooper and Mr. F. S. Grayling appeared for Walsh. ' James Campbell, motor service pro- ' prietor living in Record Street, said he was working in his garden w*ien his children told him two' men were quarr'elliiig in the. street. He went out and saw. Walsh and Cooper engaged in a heated argument which finished with a fight; Both of them fell to the ground after a fight lasting three or four minutes. Senior-Sergeant Turner: Did you try to separate them? Campbell: No. “HAD FEW DRINKS IN.” Cooper came into his house to wash off the blood afterwards. Walsh “had a few drinks in,” but Cooper was sober. To Mr. Grey: He smelt no liquor on Cooper. He first noticed the men just before they commenced fighting. Walsh made the first blow, but missed, and Cooper connected first. Walsh had rushed Sit Cooper first, Cooper side-step- ■>' ping. $ Having missed the first time, Walsh again rushed. Cooper hit him in the face. Continuing the fight, they fell on the road, Walsh falling on top. Council: Before Walsh rushed the 'second time, didn’t Cooper try to get his coat, and while he was off his guard Walsh rushed? Campbell: That was before the fight started. While they were on the ground there was a struggle. Cooper eventually got uppermost. He then made no attempt to strike his assailant but tried to help him up. They both walked to the footpath for their coatd'. Roth lived in the neighbourhood. He had known Cooper a number of years and would not say he “went around looking for a fight.” He had observed Walsh several times after having taken liquor, but could not say that in that condition he was aggressive. ■ -Mr, Grayling: Walsh might just as easily have been falling over when you thought he was making a lunge? ; Campbell: I believe he was rushing ■ at Cooper. • He, admitted he had discussed the case with Cooper when the latter asked him to give evidence. He thought the question of his giving evidence was all that had been mentioned. “HAD A FIGHT, SERGEANT.” At 7.28 p.m., said Sergeant 'McGregor, he went to Walsh’s house. Walsh was being attended to by Dr. Reid. His face was covered in blood, and had two cuts on the' left side; “I’ve had a fight, sergeant,” he said. “This is what I got. I got the worst of it.” That remark was repeated several times while the statement was being taken. Walsh in his statement said that when on his way home he met Cooper. “You are no good,” said Cooper. “I- am some good,” retorted Walsh. Cboper then challenged him and they fought. He got the worst of it. Cooper had worked under him on the stock route, but Walsh had had no trouble with him. Walsh said he had had sev- : eral.'drinks of beer. Cooper arrived at Walsh’s place later, and made a statement to the sergeant, too. He said that when walking along Record Street on his way to Mr. Dodunski’s place Walsh called him over and waited for him at the corner of Princess and Record Streets. “I wish you had been whfefe I have been to-night,” said Walsh. “I would not mind if I had,” replied Cooper. “It is a long time since I had a few sjSbts.” •Walsh: What is all this trouble with : the relief workers? What have they ' got against me? Copper: If you want my honest opinion, it’s this Jack: You have a very bad habit when speaking to men working under you that rubs them up the wrong way; Walsh: You cur! You are like the rest Of them. I’ll soon show you. Walsh, according to Cooper, then threw his overcoat, bag and hat down, took off his other coat and put his fists up. "You come to me when you are sober, Walsh, and say that,” said Cooper, “and I’ll give you the biggest thrashing you ever had in your life.” Walsh made a “swipe” at Cooper, who side-stepped and hit Walsh, who fell down, his face striking the road. Cooper struck him about the eye. “You’ve got it,” said Walsh after getting up. Walsh made another wild rush. Cooper slipped and fell, with Walsh on top of him. “You had better get home, Walsh, before I drive you there,” Cooper said he advised. Walsh then went home. In the struggle Cooper got some blood from Walsh on his shirt. After washing his hands at Campbell’s place he went home and changed his clothes. Later, at Mr. Doduniki’s house, he heard the police were at Walsh’s house. Thereupon Cooper went there to explain what happened. Though he had worked under Walsh he had never previously had an altercation with him. MUCH -KNOCKED ABOUT. In answer to Mr. Grayling, Sergeant McGregor admitted that had it not been for Walsh’s action in notifying the police nothing would have been known of the. affair. Walsh was very much knocked about and had lost a good deal of bipod. He was then still under the influence of liquor. Cooper did not appear to have been hurt. While the statements were'being taken both .men showed a tendency to argue. . Cooper, said Mr. Grey, was at the time of the fight on his way to a neighbour’s s>-place to play chess, as was his habit. Cooper had not worked under Walsh since January, 1932, when he was engaged at Doralto Road. He had not worked under W a Lh. at the aerodrome.

The aggressiveness of Walsh was the cause of the trouble, and Cooper had perforce to defend himself. He had no quarrel with Walsh concerning work at the New Plymouth aerodrome. In the circumstances Cooper might have been better advised not- to answer certain questions, but he had known Walsh for ten years, and in endeavouring to be tactful had answered the questions, with the result that Walsh became aggressive. Cooper had struck only one blow. Evidence by Cooper was that he was a. land salesman by occupation but, with two slight breaks, had been on relief work for 15 months. He had worked under Walsh at Doralto Road, but not at the aerodrome. At the time of the fight he was on his way to a friend’s house to play chess. Until recently he had been a member of the New Plymouth Chess Club.

Walsh had asked him some questions concerning the aerodrome trouble and he had answered them. Walsh had thrown down his ‘coat so that .Cooper, desiring to protect himself, had done the same. Walsh had made certain statements and Cooper, realising the disgrace of fighting with a drunken man, said, “Say that again when you’re sober, Walsh, and I’ll give you the biggest thrashing you’ve ever had in your life.” Cooper went on to describe the ensuing fight as reported in his statement. When on the ground he had told Walsh to go away home. At Dodunski’s house, where he went later to play chess, Cooper heard that the police were at Walsh’s house and he immediately went there to make his statement. Cross-examined by the senior-ser-geant, Cooper said that he struck only one blow, and that was in self-defence. CHARACTER OF COOPER.

Mr. R. Day, borough inspector at New i Plymouth, said that he had known Cooper since his arrival in New Plymouth and had frequently employed him as assistant traffic inspector. He was a particularly temperate man and not at all of aggressive temperament. Mr. Grayling said this action was particularly unfortunate at the present time. There had been trouble at Uie aerodrome and since the affair Cooper had never spoken to Walsh. Mr. Grey interposed that he could see no connection between the aerodrome trouble and the fight. However, if the fight so developed that some connection was made to appear between them he asked the right to call further evidence. Mr. Grayling said the connection was the feeling that had been stirred up by the aerodrome trouble, which had aroused great controversy and feeling in labour circles. The truth of the trouble, continued counsel, was that Walsh had been assaulted and fought back in selfdefence. He had been badly injured. He contended that Cooper had struck more than one blow. It was in Walsh’s favour that he had notified the police of the affair.

Giving evidence, Walsh said he had been foreman of relief workers at New Plymouth for five years. He was foreman at the aerodrome, where there had been trouble. As a result he had been asked to resign three presidencies in the Labour movement. He considered this action was due to the relief workers in the Labour movement—not to the majority of relief workers, against whom he had nothing. He had been friendly with Cooper, who, however, had not spoken to him for a couple of months. Walsh went on to describe the fight substantially in accordance with his statement. ASKED TO RESIGN. Handing the magistrate the letter asking him to resign his presidencies in the Labour movement, Walsh said he did not blame the relief workers but the executive officers of the movement. 'He had been threatened that he would be “met some dark night.” To Senior-Sergeant Turner: He had had three or four long beers. He denied that he hit Cooper. There was no argument. Cooper challenged him straight away. To the magistrate: Cooper challenged him straight-out, saying he was as good a-man as he was. There was no other talking. Cooper took off his coat and went for him. It was a most unfortunate affair, said the magistrate. It was quite obvious the affair did not arise out of the aerodrome trouble, for Cooper was not connected with that. It was clear, too, that Walsh had had liquor that day. It was realised by the magistrate that if one or other had been the aggressor it would have been difficult for the man attacked to have avoided trouble. It was a problem to determine who was the aggressor, and it was a great pity the Court could not get at the facts in order to settle that point. If Cooper’s story were correct he was not the aggressor. Under the circumstances both men would be ordered to pay costs. ASSAULT ON HOFFMAN EAR SPLIT BY A BLOW. A SUBSEQUENT ENCOUNTER. Evidence was next adduced concerning the assault on Hoffmann. He said he was a clerk employed by Derby and Co. and that he lived at Fitzroy. On the corner of Clemow Road and Record Street he saw Mr. and Mrs. Walsh and a boy. Walsh asked him to get the police, but Mrs. Walsh said they did not want the police. She told her husband to come home. “Yes, you are , better off at home,” said Hoffman. As he turned to go home Walsh hit him, splitting his ear open. On reaching home he found his injury was worse than he thought. He went to Walsh’s house to give him a chance to pay for the damage. The police had already arrived there. Mrs. Walsh met him at the door. When told of his mission she said Walsh had .not hit him. “Well, who did?” asked Hoffmann. Subsequently he visited a doctor. He had to keep up these visits for a week. Fortunately the injury to his ear did not turn out as seriously as the doctor expected. To Mr. Grayling: Walsh was upset and had blood on him.'

The defence was that Walsh did not strike Hoffmann, said Mr. Grayling. Hoffmann had told Walsh he wanted a Wash. Hoffmann came up close to Walsh, who told him he wanted the police to get Cooper. Walsh had then been home after the fight with Cooper and was then on his way to a telephone at a neighbour’s house. He had brushed past Hoffmann, but did not strike him. He and his wife would say that definitely. In' evidence Walsh said he had met Hoffmann on Clemow Road. Hoffmann rushed straight up to him. “Hello, Jack, you want a wash,” he said. “Look out! I’m on my way to the police,” said Walsh as he brushed past on his way to Mr. Dodunski’s. Cross-examined, he said he could not remember telling Sergeant McGregor at the station several days later that he would pay Hoffmann’s medical expenses. He had already been home when he met Hoffmann. Mrs. Walsh was holding his left arm and his boy had the other. The senior-sergeant: How do you think Hoffmann received the injury to his ear if you didn’t hit him? Walsh: I could not say. I didn’t hit him.

The senior-sergeant: You see this doctor’s bill for £2 2s? , Walsh: Yes, I also received one.

He had not asked Hoffmann to get the police. Mrs. Winifred Walsh confirmed the circumstances concerning her husband’s meeting with Hoffmann, who told him he had better go home for a wash. No blow was struck. To the senior-sergeant: Hoffmann had almost demanded the' money for medical expenses from her when he had called at her house. She had not told the sergeant she would pay the expenses. Hoffmann’s ear was freshly cut when he called. It was like a cut from a razor. There was no blood. She told him her husband had not hit him. To the magistrate: She could not offer a suggestion how Hoffmann received the cut on his ear.

The magistrate said he had heard nothing to make him disbelieve Hoffmann. All Walsh had done was to deny the blow flatly. He thought Hoffmann had told the truth.