CHARGE OF ASSAULT

Waikato Times, Volume 89, Issue 13750, 25 April 1918, Page 4

CHARGE OF ASSAULT

CASE DISMISSED. At the Police Court, Hamilton, yesterday, before Mr Rawson, S.M., Herbert Brown was charged, on remand, with having assaulted Frederick Cooper on April 10. Mr H. A. Hopkins appeared for accused, and SeniorSergeant Cassells prosecuted. Dr Going gave evidence that on April 10 Cooper was brought to his surgery by the police. "Witness examined him, and found his upper lip cut through (necessitating a stitch), a cut under his right eye, the right eve bruised, his nose fractured in two places, and his temple bruised. The man was "crying drunk," and dazed. Much force must have been used to cause the injuries. The man told him that on a previous occasion he had knocked Brown about, but on this occasion accused had taken him at a disadvantage.

Frederick Cooper, farmer, Kaipaki. complainant, stated that on April 10 he met accused, in companv with Lynds. in Victoria street, Hamilton. Witness was not under the influence of liquor, having had only two or three drinks. Lynds said to'him, "Hello, Fred," and witness smilingly replied "No'slack." Brown walked on and witness overtook him, and asked him to apologise for certain statements made. Brown said he had nothing to apologise for, and after further argument Brown, dealt him a blow on the eye and ran into the middle of the street. Witness followed him, and a scuffle ensued, after which Blown ran down Coilingwood street into Moss' Garage. Witness again followed him, and challenged him to " a fair go." Brown closed in on him, throwing him to the ground with his leg over witness' arms, and striking him on the nose and eyes. Witness asked for nierov let Rr' ■ n replied, "Mercy, you ! J'ii kill you!" Accused continued to strike him, and bumped his head three or four times upon the floor. Witness remembered nothing mere until ho was taken to Mash the blood off his face.

By -Air Hopkins: He had mot Brown upon two previous occasions, and his feelings towards Ir'rn won- decidedly not friendly. Upon one occasion lie overheard Brown, who was a sowing machine agent, make insulting remarks to Ins wife at the house door, and fought him. Brown getting the worst of the encounter.

Hoy 0. Lynds, farmer, Rukuhia, and Edward Fletcher, motor mechanic, Hamilton, also gave evidence. Upon the Court resuming after the luncheon adjournment, evidence was given by James Knight, contractor, Claudelands, who witnessed the fight between Brown and Cooper in the motor garage, and by Senior-Sergeant C-issolls. who arrested the accused This closed the case for the prosecution.

His Worship, on the application of Mr Hopkins dismissed the case as an indictable offence, and a new charge of common assault was laid, to which accused pleaded not guilty ' The evidence taken in the fust charge was allowed in the second.

Worsley Herbert Moss, garage proprietor Hamilton, stated that on April 10 Brown came into the garage and called for him. Cooper rti'-hed in immediately afterwards, and after a challenge and sparring the fight commenced. Cooper hit at Brown first. The men fell on the floor, and witness could not see their very well. 1!> called out to them to stop fighting, and they got up. After this Cooper made two more attempt., to rush at Brown, and later left the garage. Brown had endeavoured to avoid fighting, but Cooper forced it upon him. Herbert Brown, defendant, d.v.ied that he bad made insulting remarks to Cooper's wife at any time. One dav, in Ward street, Cooper approached hini and expressed the desire to fi <_; 1 ; t Idi* and to take him to the police. On April 10 witness and Lynds were wall. ing along Victoria street, and Cooper approached. Cooper grabbed him by the coat lapels, shaking him viciously, and accused him of making insulting remarks. Cooper prodded him under tin l chin. A\ itness pushed him away and then rushed across the road to look for a policeman. Cooper followed ami tried to hit him again. Witness hit Cooper in the face, ami ran into the garage, being desirous of avoiding a fight in the main street. Cooper still followed him. and came at witness like n madman, hitting him on the arm. Witness retaliated in selldefence, and they fell over so,no nmdgoarcL. He did not tup ( ooper. On the floor thev exebai" erl ■> f ; .:

each haviiii: one hanu inc. liu w;-<.!. affair 1 i«ted bin ;i iVv ; ~: A. Cooper's mind mav i.-\< led at the tinv\ uu hias he ran as fast as witne-s. (';< m Moss telling them to step, they got up. and witness left the garage. His Worship dismissed the inform::, tio'i, stating that Cooper was not justified in attacking Brown upon the street, whatever the provocation. Biown tried to get auav from Coopei, but the latter persisted in following and forcing a fight upon him. Brown was justified in defending •limsclf under the circumstances. The Magistrate added that the polieo were fully justified in bringing the case, as it was not their duty to consider the circumstances as closely as he had done.