FINE IMPOSED ON ASSAULT CHARGE.

Star (Christchurch), Issue 18578, 28 September 1928, Page 11

FINE IMPOSED ON ASSAULT CHARGE.

SCUFFLE. TOOK PLACE BENCH DECIDES.

The Court House at Lyttelton this morning was packed with persons who had gathered to listen to an assault charge arising out of the hold up of the trawler Star 111. James Leonard Fordrey was charged with assaulting George Arthur Olley.. Mr Hunter pleaded not guilty on behalf of the accused. Sergeant Dunlop stated that the complainant Olley answered an advertisement for hands for the trawler Star 111. and was engaged by the owner of the vessel. There had been a dispute between the owners and the late crew and efforts were being made to .obtain a fresh crew. Olley first landed in Lyttelton from Christchurch on September 24 and for two days he waited while the owners tried to get the balance of the crew. On September .26 he was instructed by the owners of the Star 111. to go home. When some distance from the vessel, he was. assaulted by the accused. There were, no other persons in sight except the. two men Olley and Fordrey. George Arthur Olley said he was a labourer residing in Waltham. .On September 24 he was engaged by the owners of the Star 111. He left the Star 111. at 4.30 p.m. and, when he had reached a distance of a few chains, the accused Fordrey came up to him and inquired, “Where are you going?” Witness replied that he was going home. The accused passed the Tcmark. "You are not going aboard.” Fordrey then got hold of him by the collar of his coat and assaulted him. After receiving a blow he Retaliated in selfdefence. He may have struck a number of blows. The accused finally knocked witness down, and then ran away. Witness did not say or do anything to provoke the accused. He did not know the accused and had never seen him previously.’ To Mr Hunter, witness said he had worked at Lyttelton at different time?. The assault took place in the railway yard, near the wharf. He did not make any obscene remarks. He denied having had a conversation with the. accused*'...except. .’to"reply “I am "going borne,” after which he trier to get past Fordrey. Then he was struck. Witness did not look for trouble.

Constable Mannix gave evidence that in company with Sergeant Dunlop, while proceeding along the waterfront on September 20, tney saw Olley getting up from the ground and Fordrey getting away. Fordrey said, when questioned, that he had not seen the man Olley, neither had he touched him. Fordrey was half drunk and bleeding at the mouth.

To Mr Hunter: With the exception of witness, the sergeant and the men concerned there was nobody in sight. Witness had known the Accused for five or six years. He was' a man of good character. There ;were some horse-boxes near the scene where the assault occurred.

Sergeant Dunlop corroborated Constable Mannix’s evidence. Fordrey had undoubtedly had liquor. When let out on bail he still persisted in saying that the police had got the wrong man. For the defence, Mr Hunter stated that the case was not a very serious one. It was a case of “a bit of a fight.” The question that the Bench had to decide was who was acting in self-defence. There happened to be a man painting one of the horse-boxes mentioned, and he had seen the whole affair. lie would say that Olley, after conversing with Fordrey, made insulting remarks and struck out at him. The witness was an independent witness.

Thomas Arion Hughes, at present employed as a painter, gave evidence on the lines outlined by counsel. To Sergeant Dunlop, witness said he had only met Fordrey the day after the assault. It did not occur to him to give any information when he saw the two men walking off with the police. Olley struck Fordrey first across the chest.

Fordrey gave evidence that he had been fireman on the Star 111. and was going aboard to get a clock he had left behind. During a conversation with Olley, the latter insulted witness. There was a mix up for a minute or two and then he got away to dodge any further trouble. He did not recollect telling the police he was not the right man.

Sergeant Dunlop:, How do you account for ybur good memory for some things and you are not so sure in others?

Fordrey: How do you account for it yourself. Sergeant?

The Bench stated that the evidence of the independent witness had been unsatisfactory. The assault had not been a serious one but it might have turned into a serious one. A fine of £2 and costs was inflicted.