HOKITIKA MAGISTRATE'S COURT

West Coast Times, 23 June 1909, Page 4

HOKITIKA MAGISTRATE'S COURT

«i» TUESDAY, June 22nd. (Before R. J. Acheson, Esq., S.M.) ASSAULT Police v. John Foster, John Kelly and Timothy Toomey, charged with on the sth June unlawfully assaulting Punean McLaren, at Awatuna. Timothy Toomey was charged with on the same day assaulting Mary McLaren. Mr Joyce appeared for the defendants and Mr Beare for the prosecution. The defendants pleaded not guilty. Mr Beare outlined his case. Constable Jones, Police Constable at Stafford, gave evidence as follows— He knew the accused and McLaren. On the 9th day of June witness went to the latter's house about middayobtained information in respect of the assault. Interviewed the accused men Foster and Kelly. The former declined to make any statement. Saw Toomey the following Saturday on the occasion of witness' visit to Awatuna, also saw McLaren, there was a scar behind his (McLaren's) ear about an inch long. There were also two abrasions on the back of his neck. McLaren did not show witness any further marks. To Mr Joyce : No complaint was ever made to him about McLaren. KneW McLaren and his wife had been 'living apart for about six months. Mrs McLaren was keeping a boardinghouse at Awatuna while her husband was working in Hokitika. To Mr Beare : As far as he knew Mr and Mrs McLaren were now living together and were on friendly terms. Duncan McLaren deposed he was a ganger on the railway and knew the accused men. Kelly was working in his gang, and the other two men were working on another siding. He remembered the sth June, he was living with his wife and family. On that day Tooomey and Foster came to the back door and said they wanted witness. Went to the door and Foster said some thing about reports. Foster then struck him and he wanted witness to go outside and on refusing Foster called to Toomey to help him. Foster shortly afterwards wanted to know whether witness was going to report on what they had done. Witness said nothing. Foster wanted him to shake hands with him. He shook hands and said he would not report. Mrs Foster then took Foster away. He went to Greymouth and returned about 9.45. He then went home and Foster shortly afterwards knocked at the door and said there was a gentleman outside who wanted to see him. -Witness said he would not go outside, Foster then went into witness' house, when accused struck him on the shoulder. Tocmey then walked in and witness' wife got between McLaren and the accused. Toomey caught hold of Mrs McLaren and pushed her aside. Saw him lift his hand after having pushed her. Did not hear what was said. Kelly then entered the house and interfered. Witness ordered him out of the house. The men all got on the top of witness and they kicked and thumped him. He was kicked behind the ear by Kelly. He was on the floor when Mrs Foster entered the house, and took her husband away. All of them then left.. His eldest boy was 14 years old next April. He could not work for a week and had to consult Dr Teichelm&nn at Hokitika. After the row was over Toomey tried to enter his house by the back door. He could not say whether the men were sober or not. On the Sunday when Jbe was preparing to go to Hokitika on his machine Foster asked him how he felt. Witness said he was going to see the Doctor. Foster then said "it's the bullet for the lot of us." Witness replied that it would prove to be the case to rthem but nat for h ; m. The clothes which witness was wearing at the time of the assault were here produced. Cross-examined by Mr Joyce : He did not get on too well with his wife. At one time she had an order for maintainenance against him for £3 per month. They lived apart for about a couple of months or six weeks. His wife, about eight or nine months ago, left him with two children and went to work at a boardinghouse. She was away about seven months. His wife also lived with a neighbour for about a months Mrs McLaren had occasionally thrown stones at him. Never went to visit his wife at Awatuna although passing the house almost every day. On hearing that bis wife was in the Hospital he returned to his home to look after the children. There had not been anything said in the house lately ; they were now quite happy. Witness said that the report referred to by Foster was in connection with with several outsiders trollying.timber. Witness' house , almost adjoined Fostei's. On returning from Greymouth on the night of the assault he did not see any of the accused men. His wife and children were not screaming before the men entered his home. He went to Greymoath on the Monday to report the assault and saw the doctor on one occasion. To Mr Beare : Had no quarrels with his wife prior to the assault. Did nothing to warrant the intrusion of his neighbours: It was nearly two years since his wife applied for a separation at Greymouth. '' Dr Teichelmann deposed he was consulted on Sunday, 6th June. McLaren had a bruise and swelling on the I right cheek bone, also a slight wound on the neck behind the left ear, and a slight bruise ' between the shoulder ■ blades. He was not, in witness' opinion injured sufficiently to require medical attention To Mr Joyce : He did not think the injuries would prevent him from working. A fall would pere haps cause the bruise oh the back. £ He did not see any other injuries. l- Mary McLaren, wife of Duncan Mc- - Laren, deposed she knew the accused b; men and remembered Saturday, sth ! June- Were home from Greymouth t- about ten minutes when there was ft s knock at the door . Foster said : i "Are you there ?" and witness' husband sail "Is that you, Jack." Foster then entered. On McLaren saying he was going to report Foster struck him. Witness tried to separate them. Toomey caught her by the shoulder and threw her on one side. - McLaren ordered Kelly, who had enn. tered the house, to go outside. There % was some nasty talk. She told them • not to come there at that time of the night. Kelly knocked McLaren on the float- an.4 fcicked him. Witness told

them to get oUb w u>. Went outside to see if there was anyone about tc render assistance. The three of them at that time were dragging her husband by the coat. They wanted to get McLafen outside. She spoke to hei hueband, but he did not answer. She said to the men that she thought the} had done quite enough, and they had better go home. All three left the house together. Afterwards she got McLaren to bed, he was bleeding from the ear and seemed to be quite dazed. She thought Toomey was the worse for liquor, as she had not previously heard him use such lar&uage. There was no quarrelling between witness and her husband, and no disturbance of any kind. The Couit adjourned at 1.10 p.m. On resuming at 2 o'clock, Mary McLaren, cross-examined by Mr Joyce, said she had travelled from Greymouth to Awatuna on the Saturday night in a different carriage Foster asked her husband if he was going to report him, and when McLaren replied he was, Foster struck him. One of her little girls started crying and Foster pacified her. Toomey struck her husband about the body. Her husband never illtreated her unless he was drunk. Had to take the children out of the house on several occasions and no one offered assistance. Did not remember asking Kelly for assistance. Her husband did not put he rout of the house. She preferred to go out in preference to being abused by him. John McLaren, son of the previous witness said he was thirteen years of age last April. The witness gave evidence practically corroborating that given by his parents. Mr Joyce outlined his case and in his opening remarks he began to comment on the evidence given for the prosecution. The 'Magistrate drew Counsel's attention to the fact that it was unfair to allow any comment on the evidence of the prosecution and his Worship directed Mr Joyce to call his witnesses. Timothy Toomey deposed he was a surfaceman living at Cameron's. On the sth June he was working on' the second section from Greymouth. Arrived at Awatuna about 4 o'clock. Saw McLaren at his back door talking with Foster. Went up to them and asked Foster for a watch key. Did not strike McLaren as he had no reason to. On the night of the sth witness heard a row in McLaren's house and shortly afterwards two of the children rushed out. Mrs McLaren was screaming. Witness went up to the house and Foster had gone inside. Mrs Foster then appeared and asked them what they were doing there. Mr McLaren replied that they were only making peace. Did not see any blows struck by anyone. They were not in the house more than four or five minutes altogether. McLaren was not kicked by any of the defendants. Cross-examined by Mr Beare : Was of opinion that Mr and Mrs McLaren and their son had told lies and had conspired to incriminate them.. Only had two drinks in Hokitika on the Saturday night. Witness reiterated his opinion that the McLaren's did not tell the truth in giving evidence. John Kelly remembered Saturday, the sth June. Met Foster and Toomey at the Awatuna station. There were others there. Did not see the McLarens \ arrive from Gerymouth. Shortly afterwards heard a noise in McLaren's house, at that time witness was about thirty yards away. Witness and the other two defendants went into McLaren's house. Were there only for about five minutes. When Mrs Foster appeared she wanted to know what they were doing there Mrs McLaren said they were only making peace. Did not notice how many children were there. There was a row in the house about eight months ago. On one occasion Mrs McLaren asked witness to go and take her husband out of the house. He said he did not care" to interfere. John Kelley, cross-examined by Mr Beare said he was of the opinion that the evidence given by the McLaren's was untrue. John Foster deposed he was working towards Kumara on Saturday, sth June. Arrived at Awatuna that day about 4 o'clock. Saw McLaren about that time, asked him; about some wire for fencing. Was at the back door of McLaren's house. Toomey shortly afterwards appeared. Did not see Kelly or Toomey in Hokitika on Saturday night. After the arrival of the train from Greymouth heard a row in McLaren's house. When witness entered he noticed that McLaren had Mrs McLaren by the arm. Saw everything that went on. Was satisfied that no blows were struck. To Mr Beare : Was satisfied that the evidence given by the McLarens was /false. Margaret Foster, wife of John Foster, deposed she was attracted by the crying of two children told her that her husband was in their house and that dad was kiling their . mum. Saw Toomey standing close to the back of the bouse, also saw the other men there. To Mr Beare: Did not say to Constable Jones that she knew nothing about the assault. Witness did not say that she only went to McLaren's house to bring her husband away. She said to her husband, "Have you no respect for me or your children." Richard Saunders, manager of the Greymouth Steam Laundry, deposed he knew the McLaren's and referred to a previous quarrel he had witnessed between them. This 1 closed the evidence for the defence. Constable Jones, recalled by Mr Beare, deposed that Mrs Foster had stated to him that she knew nothing about the assault and that she only went to McLaren's house to get Jack (her husband) away. His Worship, in giving judgment, $aid the testimony was of a very conflicting nature, Somebody had lied, but he was not prepared to say who had done so. He. was satisfied from the medical evidence that an assault had been committed on MoLaren, and from the bruises and abrasions on hig back, cheek and face he was convinced they were inflicted by the defendants. He fined them each 40s and costs 7s, counsel's fee £1 Is each in default seven days' imprisonment. Timothy Toomey was fined 10s or in default 48 hours in gaol in connection with the charge of assault on Mrs McLaren.

I For Children's Hacking Cough at J night, Woods' Great Pepperment I Cure, Is 6d and 2a Qd.,

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