ROW ON THE RAILWAY.

Timaru Herald, Volume XC, Issue 13316, 19 June 1907, Page 6

ROW ON THE RAILWAY.

TWO-UP IN A SMOKER. FREE FIGHT IN A CARRIAGE. John, and Edward Frisby appeared before Mr C. A. Wray, S.M., at the Courthouse, Temuka, yesterday, charged witu on April 10th behaving in a violent and offensive manner in a railway carriage to the annoyance of others theiein. Accused pleaded not- guilty, and were defended by Mr S. G. Raymond, at whose request witnesses w6re ordered out of Court. Sub-Inspector Green said that the procesdings had been, instituted under section 27, clause 4, of the Railway Act,' 1900 in consequence of serious disturbance on the Government railway on April 10th, the night of the last- race meeting at Tiniaru. Most of the men implicated in the affair were habitues of racecourses, and birds oi passages, so that the police had been unable to serve them. . The two Frisbys were residents in the, Ashburton district, and had been at the races. They enttred a carriage, which was full of men, some of whom bad an overcoat spread over their knees, and were playing two-up. The two men wished to pass along the cairiage, and owing to the obstruction, whien the' men refused to remove, an altercation ensued. One of the accused upset the coat, and 'i general fight ensued, in the course of which Edward Fri-by had his head cut. On arrival at TVnroka lie informed tlio stationmaster of the affair, and then gave information to the j>olice. Mr Green called Bernard Granger, labourer, residing m Christchurch, who said he was at the Timarct races in April last, and left by the second north express, and got into the rear end of.a second-c.ass smoking carriage-, which wa;r {nil of people, niwt of whom had bean at the races. _ Four or five spread an overcoat over thtir kness. and were about to commence a game of two-up, when the two defendant's entered the front end of the carriage and John Frisby asked them to take up the coat. One of the players asked him to wait- a minute. Edward Frisby replied "No, you , I'll tight any of yott for £2O; you're nothing but a lot of spielers." One of the player*, a man named " Major" Collins, and Edward Frisby had a fight., and Iks brother nasi swinging- a bottle, threatening to knock anyone's head off. The cork of the bottle escaped, and the beer was thrown over other passengers, including witness. Shortly afterwards the guard came in. No one was stiuck with the bottle. The guard did not. do anything, but told them to stop fighting. Someone went to get ■water to bathe Edward Frisby's eye, which ■was bleeding though witness did not know from what definite cause. Xo one had hold of John Frisby, but witness put- his hand on his shoulder and told him to sit. down. John Frisby was swinging the bottle, and .challenging anyone to fight him. In witness's opinion both defendants were drunk •when they entered the carriage. They hart one bottle onlv with them. The disturbance did rot last more than one or two minutes. There was no further fighting, though both defendants were using obscenlanguage! as far as Temoka. where Edwarl «r t >t° out, and John said he would go t<> Ashburton if he had to murder the lo Mr ilaymunu—ilie majority ui the men in" the carriage were known i» witness. v.'iui in th- hal>-t oi attending races for the purpose oi backing iiorses. The men had not. started playing; there were neither cards nor money down. John Frisby tirst asked to be allowed to get past. i)id not remember healing him naked t oclimb behind; he was asked to "hold on a minute." When the two defendants came in, they were prepared to jight the whole carriage. During the ccur.-e vl the fight, witness put his hand on Johns shoulder, and advised him to sit down, as lie might hit someone with the bottle. Witness did not think Edwards was much hurt; he was able to leave the carriage unaided. Witness did not know whether others were using bad laguage as lie. left the carriage soon afterwardsTo Sub-Inspector Green—Witness was sitting about one seat from the game. Witness was not taking much notice of the game, and could not say whether there was yuv money on the coat. -He did not know trii:xt became of the bottle; it went eventual v nnder the seat. Did not see Edward Frisbv knocked down: thought he was on his knees once. The other* jumped on io the seats to get out of the way. Charles Smith, billiard marker at Ashburton, said he was at the Tiniaru uu; s in April last, and left Tiniaru by th;- la-: ♦•xpres*,. Witness had a headache and v/enfc to sleep. He was later wakened l>y ?.i.mil disturbance, and saw Kdwiird Fiiby iiphting with a ?nan. Collins, he thought. They "were squabbling and lighting $W ,-V»rrt tAn to fifteen minute. The row .•tartcd about the mil<Ue of the cat l ias-', and witness was about five ivjit-s from the

front end of the carriage. John Frisby was taking his part. He had a boctie in the inside pocket of his coat-, but witness did not see him with "it in his hand. John was evidently endeavouring to prevent anyone from interfering. Saw Edward Frisby's face bleeding, and though:, ha had been knocked down, and cut. his eye on a spittoon. Frisby had his coat oil', but Collins had not-, nor had John Frisby. The two men had enough of it, and shook hands. Witness did not liear any bad language; Edward Frisby tallied of meeting Collins again and punching hii head, and his brother made similar, remarks. Both Frisbys were more or lets intoxicated. To Mr Raymond: Witness thought hi saw Frisby in Ids shirt- sleeves. 1 William Black, of Christchurch, said ha left by the last express for Christchurch, aft:-r being at the Tiniaru races. He was in the second-class smoking carriage, in which the disturbance took place and saw th 3 atfair. -Some men were about to play two-up, when the two defendants wished to get pa.'it. They were a good deal drunk, and one of them had a bottle in his pocket. Witness did not know why the players refused to take up the coat. He did not know who started the fight; -.aw Edward fighting with Collin", one of those about to play two up. Neither of th t men had his coat off. Tlkv had a tussk". lasting for some time, and Frisby had his cnt. He had a bottle ir; his poeket. and during the disturbance, the cork came out, and the beer was ihiowu out. John was taking .some par:in the hglit. When Edward Fniiby leic tlid 4 nun at Ikniuka, his eye-' w;is m 'a uad suite, due, witness thought, to him striking his lace On 'th- of a seal m tailing. Edward Frisby and Collins nsrs ill.- oniy onts righting, and tlu- others wvkeeping out. ot the affair. Did novhear any threats made, nor bad htnguag-c iis.d. 'l6 Mr Raymond—The defendants were strangers to him. lhis was the case for the prceecution. Mr Raymond said there was a certain amounu of irony about- the case. The two accused were contractors resident in the iiinarn district and in no ,sense habitues of racecourses while the witness (Granger) was entirely the acquaintance of such men. Mr Raymond then outlined the case. Constable Gillespie said that- the, accused had been in the district for a good many years, and he knew nothing against tlieni. "iliey were honest, hard working men. On April llili, Edward Frisby came to him, about live minutes after the departure of the north express. He had a very bad eve, but was perfectly sober. Edward Frisby, ploughing contractor, stated that he had lived in South Canterbury for a good many years, and had never had any <:harge brought against hint before. On April 11th he, was at the Timarti races, and got in a second class carriage with bis brother. Both were perfectly sober, and had not- been drinking. When they entered the carriage, his brother was a little in front of him. Some men had an overcoat spread . across the carriage over their knees, and were playing two up. His brother asked; to be allowed to go past-, and -went to push through aft-.-r asking several times. On? of the men then said "Yte, I'll let you through, you iittie devil. 7 ' They then set on to his brother, one of the attackers being the first witness, Granger. His brother did not use. bad language; he dil not speak. Witness pulled his brother back, but they continued to attack him, and also attacked -witness. -Someone stud " Where's the Lottie?" and witness received a blow on the eye and 'one on the. cide of the head, with the bottle, he thought. They shortly afterwards reached Temuku, and witness went to 'the stationmaster and then to Constable Gillespie, and laid an information, not expecting to be the first charged. Witness!" brother had 1 , a. bottle in his pocket. Neither had their coats off in the train. To Sub-Inspector Green: Witness had nj intoxicating liquor at the races; his brother might have had. His brothor had a bottle of beer but witness did not know where he had obtained it. His brother offered past behind the players, but they would not move forward. He then said_lie would have to get through, and pushed the coat with his legs. Did not hear anyone ask him to wait a- minute. A man then charged at him, and the money and cards -were thrown on the floor, and the fight then started and lasted five or ten minutes. Witness tried to stop it-, but could not, and was himself attacked. Could be sure that the witness Black was in tlie carriage ; he would recognise the little man who struck the first- blow, if he saw him; (evidently the man spoken of ns Collins by other witut-ssi. Granger was one of the aggressor;;. The disturbance lrjsted five or

ten minutes, and witness was striving to get out of the affair. John. Frisby said he. was with Ins brother at the races, and when lie got on the train at Tiinaru was perfectly sober; he had one small shandy at the racecourse. Witness had a bottle of beer which was intended for his mate at* his camp nea.l Asliburton. They went through the train, and witness saw" some men playing cards on a coat spread over their knees. Witness asked " Would you mind letting me past, please, there's a seat at the end of the carriage, I'd like to get to. One of the men said '' certainly you little devil and at once struck him on the jaw, knocking him half senseless. When lie recovered hiuiself, he saw his brother on the floor, and went to his help. Hie latter s eye was badly cut downwards, and not upwards a.swould be the case if the result of a fall. The beer did not come- out of the bottle witness had in his pocket, and lie did not believe any beer was spilled. To Sub-Inspector Green —Had one small drink at the races, and purchased the bottle of beer at an liote-l in Timaru.; The coat and cards and money were thrown down by the person who struck him, by him jumping up- Black wasi in. the cairiage, but was not playing, nor did he take any part in the fray, as far as witness knew. His brother endeavoured to get him free. Neither witness nor his brother offered to fight; they were not m a fit state to tight. Witness went on to tlie Hinds, but diet not make any threats. His Worship said here were two different accounts or tiie same thing, and it was a question which should be believed. Hi* whole affair was clearly due to the men in the carriage resenting any disturbance in their game, but a:; far as he could teo vhe accused asked civilly to be allowed to o-o past. Instead of allowing them to pass titlier between or behind them, they had attacked the two young men, and there was nothing to justify the act. It was to defendants' interest to get out of the melee as soon as possible. The blame rested wholely with the assaulters, and there was no evidence to prove that the accused had acted in a violent or offensive manner. Under the circumstances, he would dismiss tllß . 1 ' William Black was then charged with the same offence, and also witlr gaming in 'a public place, viz a railway carriage. Accused pleaded not gunlty to each charge. Sub-Inspector Green asked that the charge be withdrawn, as there was no evidence against' the accused. . Proceedings would bs taken aginst the other perron:' mentioned in the'evidence as soon as posS ' b H ls Worship accordingly dismissed the case. ■