ALLEGED ASSAULT

Waikato Times, Volume 122, Issue 20495, 11 May 1938, Page 12

ALLEGED ASSAULT

LABOURER FOR TRIAL STORY OF ATTACK WITH BOTTLE Charred with assaulting Malcolm Kerr with intent to rob him at Frankton on the evening of May 2. John Francis O’Keefe (58). a miner, appeared before Mr S. L. Paterson. S.M., in the Magistrate’s Court, Hamilton, yesterday afternoon. Pleading not guilty, accused was committed to the Supreme Court. Hamilton, for trial at the next session. A further charge of ( common assault arainst accused was adjourned until July 26. Malcolm Kerr, labourer, of Frankten. said in evidence that he was in the Frankton Hotel on the afternoon of May 2. About 5.30 p.m. witness ' had two “handles’* of beer, and a i quarter of an hour later, after having ! purchased two bottles of beer, he left, and proceeded over the railway bridge > towards his home. At the corner of ! Massey Street and Greenwood Street accused hit witness with a bottle, and witness was knocked down and dazed. Accused endeavoured to choke witness when he had fallen. “Give Me a Fiver” “Give me a Fiver or I will choke ! you.” said accused. Witness cried for | help, and a man came to his rescue. 1 Lawson Alfred Bennett, labourer, of | Frankton. who responded to Kerr's | appeal, sa'd he saw accused strike i Kerr twice with a bottle. The second ' time Kerr fell to the ground. Accused : then jumped on Kerr and beat him on I the face and chest. Accused had his j right hand around Kerr’s throat and | the bottle in his left hand. Witness heard accused say to Kerr: “Y'ou robbed me of a fiver in the hotel.” Cross-examined by accused, witness said the police did not arrive for about 15 minutes. during which time accused made no attempt to go away.