CROSS ASSAULT

Wanganui Chronicle, Volume 80, Issue 264, 6 November 1937, Page 10

CROSS ASSAULT

TRAFFIC OFFICER INJURED TWO YOUNG MEN GET GAOL ECHO OF KARIOI AFFRAY THEFT OF ROADSIDE BENZINE Imprisonment, three months in all, was the penalty imposed on the two young men, Robert George Burns, aged 19, and Leslie James Wedderspoon, aged 21, who were involved in an assault on a traffic inspector, Martin John Hartigan, south ot Karioi, on Tuesday last. They appeared before Mr. J. H. Salmon, S.M., in the Magistrate’s Court at Wanganui yesterday, both charged with assault, with the theft of a bunch of keys from the inspector's car and with tne theft ot three gallons (estimated) of benzine, the property of some person or persons at present unknown. They were further charged with converting a motor-car to their own use and on that were remanded to appear at Napier on Friday next. They also pleaded guilty to breaking, entering, and theft and were remanded to tne Supreme Court at Wellington for sentence. Burns pleaded guilty to the assault, and Wedderspoon not guilty. Wedderspoon admitted stealing the keys and Burns pleaded not guilty to that charge. They both pleaded guilty to the theft of benzine. The prosecution was conducted by Detective-Sergeant J. K. Robertson. Traffic Officer’s StoryMartin John Hartigan, traffic inspector, employed by the Transport Department and stationed at Marton, said that when driving from Ohakune to Taihape, at a point a little south of Karioi he saw the two accused in a car near some drums of petrol on the side of the road. Witness stopped and §poke to them. They were tnen in their car. “They started the engine,” witness proceeded, "and I told them to stay where they were. I then left my car and went across to their's. I noticed by the light of my torch that there was benzine over the body work of their car and also on the surrounding ground. I again asked them what they were doing and they said ‘nothing.’ I directed the driver to take his car some distance down the road where it would be out of the way ox traffic.

"To confirm my suspicions that they were stealing benzine I went to look at the benzine in the tank at the real of their car. I saw it was level to the top of the intake, and I was in the act of replacing the cap on the petrol tank when I received a violent blow on the back of the head. Evidently the thick rim ot my cap saved me from receiving what would have been a serious injury, for even though I was struck through the brim the skin had been broken. I turned to grapple with the man who had struck me and managed to strike him a glancing blow with my torch. He then held my arms and called out to his mate to come quickly.”

Detective-Sergeant Robertson: Can you say which one it was that did the calling out?—l noticed when I went round to the back of the car that Burns was still in the front seat and I presume that he would still be there when I got round to the back, and that Wedderspoon was near me when I was struck.

“The second man then attacked me and one of them dropped his grip to my legs and tripped me over. The other man had a grip of me round the head and part of my arms. Held In that position I was unable to move at all. Then I felt a hand holding me on the side ot the body let go, and 1 was struck a blow on my head.” Detective-Sergeant Robertson: Do you know what you were struck on the head with?—l do not know definitely. But in that locality it is sandy and there are stones of all sizes lying about. The Magistrate: You are sure then it was something other than his fist that struck you?—Yes. Witness said that he then lost consciousness. “As I was coming to again I heard one of them say, "Quick, Les, he is coming to.” I had been dragged over towards the fence out of the view of traffic. My hair was full ol loose sand and dirt. Detective-Sergeant Robertson: West you conscious of being dragged?—l was conscious, just as I was coming to, of being dragged. Then 1 heart! a voice say, "Wnere’s his torch and I’ll hunt for his keys!” I thought that :f I showed signs . of consciousness then I would receive another blow, so I lay where I was. Witness said that the two accused then drove off in their car. When he was able to move he found that in taking the keys they had pulled the ring and bunch of keys away from the ignition key of the car, leaving that in place. He was thus able to start his car and raise an alarm.

Evidence was given by Detective Nelson W. Bayliss, and by DetectiveSergeant Robertson as to police investigation and interviews with the two accused. Accused Give Evidence Burns, giving evidence in his own defence to the charge of the theft of the keys, said that Wedderspoon had taken them and at no time had he seen them. Detective-Sergeant Robertson: Why did Wedderspoon take the keys?—l could not say, definitely, but I think he took them from the car so that the inspector could not follow us. Why didn’t he want the inspector to follow you? —We were frightened after what had happened and tried to get away as far from the trouble as we could. We all sort of got panicky. Detective-Sergeant Robertson asked witness to tell the Court how the struggle with the inspector started. “More or less altogether,” Burns replied. "It was started by Wedderspoon and I helped him. Being my cobber I went ovex- to help him. The inspector hit his head on part of the car, I can't say exactly which part it was.” Detective-Sergeant Robertson: Is it true that you are cobbers and that you have helped one another to the best of your ability all through this escapade?—Yes. The magistrate itimated at this stage that there was not sufficient evidence to convict Burns of the theft of the keys. Wedderspoon, giving evidence in support of his plea of not guilty to the assault charge, said that in the

struggle he was struck several times about the head and body. “The three of us were struggling together," he said, “and the nature of tile ground, being rough, caused us to lose oux balance, and fall against the open door of the car, which closed very sharply. Soon after that, when we were all on the ground, I noticed the traffic inspector go limp. Thereupon we stood up and got into the car and drove away. These incidents, as told by the three of us, may happen not to quite detail in every way, but we were all very excited at the time and well mixed up.” Detective-Sergeant Robertson: Are you satisfied the inspector was assaulted?—l’m not.

You say the three of you struggled on the ground.—Yes. The Detective-Sergeant took the witness over portions of the inspector’s evidence. “You have heard the inspector say in evidence that he heard someone call out to come quickly?” he asked Wedderspoon. Who used those words?—l did.

So the inspector's evidence up tc that point is correct?—No, it isn’t. His estimation is that he was hit from behind when he was not. My belief is that he grazed his head against the side of the mator-car as he was inspecting the level of the petrol in the benzine tank.

Burns, giving his version of the theft of the benzine, said that benzine had been taken from the drums in question before. It had been spilt all over the place and there was a strong smell of petrol. Wedderspoon: What my friend. Mr. George Burns, says about that is quite correct.

Burns, explaining the assault, said that he was the driver of the car the two accused were in. When the inspector went round to look at the benzine tank he (Burns) was still in the driver's seat. Wedderspoon had gone round to the back with the inspector. Then I heard him (Wedderspoon) call, 'George, George, come quickly,’ and when I went round I saw them struggling," witness stated. “I went to lift the inspector off Wedderspoon. As he (Wedderspoon) was my cobber 1 thought I ought to do that. When I lifted him he (the inspector) struck a mudguard or part of the car and went limp. We never moved his body at all while he was unconscious. At no time was he hit on the head at all. It was ail done on the car.” The Magistrate: What you say is that you accidentally bumped him when you lifted him?—Yes.

The magistrate said that he had no hesitation in accepting the inspector’s version of what happened. The accused did not seem to understand that assault meant the application of violence to the body of another person, and they had both been a party to that, committing of gross assault on a traffic officer.

Both accused were ordered two months imprisonment on the assault charge. Wedderspoon was ordered one month for the theft of the keys, that term to be concurrent with the other. Both accused were ordered a month’s imprisonment on the charge relating to the theft of the benzine, that to be cumulative on the other sentences. The charge of theft ol Keys against Burns was dismissed. STORE BROKEN INTO BOTH ACCUSED PLEAD GUILTY A SUPREME COURT MATTER Both accused subsequently appeared before Mr. J. H. Salmon, S.M., charged with breaking and entering a store at Tokaanu on the night of October 19 and stealing therefrom a quantity of clothing, foodstuffs, cigar£l6 6S and tobacco ’ o£ a tolal value, of John A. Asher, proprietor of the store at, Tokaanu, said that he left the store at a quarter past 10 on October 19, leaving the premises securely locked. An examination on the following morning disclosed that the front and back doors had been left open and a considerable quantity of goods removed. He discovered that one of the skylights had been lifted open and by that means a person could get into the store. The property produced was similar to the goods he had missed from his store, some of the items being recognisable by private markings. The value of the goods produced was in the vicinity of £l6. Detective N. W. Bayliss said that

he had interviewed the two accused in connection with the offence with which they were charged. They assisted witness to sort out the goods produced in Court and stated that they had been solen from Asher’s store on the night in question. Each accused volunteered a statement to the effect that they had got into the store by means of a ventilator. The goods found in their possession were what was left of what they had stolen, the statements read. Wedderspoon, to the Court, said that he was sorry for all that he had done. “And I am sure my friend (Burns) thinks so, too, himself,” Wedderspoon added. The accused were committed to the Supreme Court at Wellington for sentence on the breaking, entering and theft charge.