FAMILY DRAMA.

Star (Christchurch), Volume LXVI, Issue 20295, 3 May 1934, Page 16

FAMILY DRAMA.

Brothers in the Dock and Witness Box. CHARGES OF ASSAULT. A family drama with plenty of action and a dash of comedy was staged before Mr E. D. Mosley, S.M., and an appreciative audience in the Magistrate’s Court to-day. Three brothers comprised the cast, two of whom appeared in the roles of accused. The cast was: Joseph Nicholls, alias Emerson, a labourer, aged forty-eight, charged with assaulting Walter Samuel Nicholls on April 30 and fighting in the street. lie also appeared as a witness against his brother Walter. Walter Samuel Nicholls, charged with assaulting Joseph Nicholls: he also appearing as a witness against his brother Joseph. Edward Nicholls. a witness against both Joseph and Walter. A Magistrate, police officers, spectators and others.

After hearing the statements of the two accused and the evidence of a third brother, Edward Nicholls, Mr E. D. Mosley, S.M., said it was disgraceful that men of over forty years of age, and brothers, could not compose their differences without going to the extent of inflicting bodily injury upon each other. “ The trouble would not have occurred had not Joseph got into a state of beastly drunkenness,” added the Magistrate. He fined Joseph Nicholls £o and costs, and convicted and discharged Walter Nicholls. Sub-Inspector Powell said that the charges arose from a quarrel between brothers in a house in Salisbury Street. Joseph Nicholls appeared on Tuesday, when he pleaded guilty to fighting in the street, and the case had been adjourned owing to the absence of the third brother, Edward. Both Joseph and Walter Nicholls pleaded not guilty to the charge of assault. “ I don’t wish to go against my brother.” said Edward Nicholls, a plasterer when called in the charge of assault against Joseph Nicholls. Mr Mosley told witness that he was obliged to tell the facts, and he could not be accused of going against anyone if he did that. Edward Nicholls said that Walter and Joseph quarrelled on Monday evening. Joseph struck Walter a very slight blow. Struck With Poker. Questioned by Joseph Nicholls from the dock, witness said Walter hit Joseph three times with the poker. Joseph Nicholls then told his story of the dispute. “ Walter attacked me with the poker, kicked me and broke my teeth,” he said. Giving evidence against Walter Nicholls. Edward Nicholls said that Walter had the peker, but it was only for protection. It was iot really a poker but a brass rod about two feet long. “ Walter went to the police about Joe, and Joe was annoyed about it,” witness added. “ I don’t wish to give evidence against my brother,” Edward Nicholls said once more. “ I do, hope nothing happens to him.” “ I think they will both go to gaol.” commented the Magistrate, laughing. The Other Brother’s Story. Walter Nicholls then took his turn in the witness-box. “ Joe came home mad drunk,” he said. “He attacked me and I protected myself.” Witness went for the police, who removed Joseph. But. Joseph returned and attacked witness in the street. “He made a swipe at me and then tore a paling off the fence and hit me with it,” he added. “ Then he got me down and kicked me. It’s not the first time something like this has happened. Joe was told to leave the hotel where he was drinking before he came heme.” After Joseph and Walter had surveyed the Court from both the dock and the witness-box and Edward had also occupied the witness-box, the tangle was sorted out, and Mr Mosley said the whole thing was disgraceful. “ Joseph has a terrible Tist,” he said. “ Can I have a month to pay' the fine?” asked Joseph Nicholls after sentence had been pronounced. “ Not an hour,” said Mr Mosley.