A HOTEL FRACAS

Daily Telegraph (Napier), Volume 58, Issue 127, 1 July 1929, Page 7

A HOTEL FRACAS

DISTURBANCE ENDS IN THE COURT,. OALLED "A COWARDLY AND UNJUSTIFIABLE ACT."charge of assault so as to cause actual bodily harm was preferred against Cbarles Newman, a watersider, in tbe Napier Police Court tbis morning, before Messrs A. E. Renouf and R, C. Wright, J's.P., it being aileged tbat tbe incident occurred in a Port Ahuriri botel on June 10. Detective-Sergeant Fitzgibbon appeared for tbe police, accused being represented by Mr W. Nasb. Jobn Brandon, barman at tbe Railway Hotel, Port Ahuriri, gave evidence of a dispute between Sydney Jainieson and tbe accused in tbe botel, leading up to Jainieson being thrown on tbe floor by accused, after remarks wbicb witness could not hear had been passed. Newman rusbed at Jamieson and swung him against tbe wall, and as tbey came to grips tbe pair rolled on tbe floor. Tbe accused got on top, and, sitting on Jamieson' s throat, puncbed bim four times. Accused' s wife later came and endeavoured to take accused away, and Jamieson entered into a dispute witb some otber men. Witness went out of Ihe bar at tbis stage and when be came back be saw Jamieson lying on tbe floor unconscious, witb Newman standing nearby. To Mr Nasb, witness said tbat tbe blows with wbicb Newman struck Jamieson were beavy jabs, but be could not say if tbey were beavy enough to break a man's jaw. Hugh Mcllroy. also .a barman at the botel, gave corroborative evidence. He £aid Newman strack Jamieson and knocked bim to the_ floor wbile Jamieson was engaged witli tlie otber man. While Jamieson was unconscious Newman "put tbe boot in" two or tbree times. Sidney Jamieson, a ship's fireman, said tbat be owed accused money for board but be liad not liad tbe money to pay it. On tbe day of tbe races accused tbreatened bim that if be did not pay tbe money soon be would "pay" bim. He gave details of tlie actual fighting on the lines indicated by previous witnesses. Constable Arnold, of tbe Port Station, said tbat be had arrested Newman on tbe charge, and wben tlie warrant was read to accused be said "all rigbt." Dr. R. S. R. Francis gave evidence tbat at 9 a.ni. on the morning of June 12, Jamieson went to tbe Napier Hospital, complainiiig of a swelling in Ivs left jaw. He X-rayed Jamieson and found that 'be liad a fracture of tbe left lower jaw and admitted bim to tbe hospital, wbere be was treated fc-r 12 days. On the application of Mr Nasb, tbe charge was amended to one of cominon assault, aud to tbis charge accused pleaded guilty. Detective-Sergeant Fitzgibbon said tbat tbe assault was a cowardly and cruel oue, committed on a defenceless man wbo was tben under tbe influence of liquor. He stated tbat accused frequented public bars and waylaid balfclrunken firemen, assaulting tbem. He suggested tbat the case yvas oue for tbe maximum term of imprisonment. Mr Nasb denied tbat. accused made it a practice to frequent bars and waylay_ firemen. He made an appeal for leniency for accused, saying tbat be bad a wife aud five small children wbose position was precarious. Tbe Bench said that there was no doubt tbe offence was a cowardly and unjustifiable oue, particularly as accused struck the man when be was at tbe time engaged in an altercation witb anotlier. Tbe man sbould bave tbougbt of bis wife and children before be came into court. Accused was fined £10, in default one montb's imprisonment with bard labour. Accused was bound over to keep tbe peace towards all persons for a year.