BRUTAL ASSAULT.

Gisborne Times, Volume XXVII, Issue 2393, 7 January 1909, Page 2

BRUTAL ASSAULT.

FIVE MEN ATTACK ONE.

SUBSTANTIAL PENALTIES / INFLICTED.

The Police Court was e rolled all dav yesterday during the hearing <d charges against the men who were implicated 1 in the disturbance -which took olace in the Turauganu'i Hotel on Tuesday evening. Mr. W. A. Barton, 5.M.,, '.'resided, and five men, respectively named .James Garrctty, James Barnes, Thomas Kennedy, Denis Barry, and Daniel 'Ross, were charged with having, on January 5, unlawfully assaulted one Richard Williams. Sergeant Hutton conducted the prosecution, and defendants were represented by Mr. W. L. Rees and Mr. H. Bright.' Richard Williams., laborer, residing at Ormond, said- he was in the private bar of the Tuvan gaum Motel at -5 )>. jn. on Tuesday afternoon. He saw the five accused men drinking in the bar, and one of them said, “We’ll have half-a-crown in.” This game was commonly known as “selling a horse.” Witness put in his halfcrown, but. then thought lie would withdraw. He. did so. and the accused Ross said, “What do you want to pullout for?” Witness replied that that was lii-s own business, and then Ross attempted to strike him. Witness endeavored to retaliate in self-defence, and the accused Kennedy struck him with his clenched fist, knocking him down,, and while he was on the ground the accused Barnes kicked him in the' face. Witness then got up and went out of the bar into the passage, but returned to the private bar in order to get away up the back* stairs. Accused Kennedy then struck him on the leg with a lemonade crate, and accused Barry hurled a lemonade bottle at him, striking him on the right arm. Several other botthrown, but lie could not say by whom. He then went upstairs and took refuge in a bedroom. To Mr. Rees: All five accused were in the bar, but lie could only - recognise four of them as having been present at the commencement of the row. He did not see- the accused Garre tty do anything, but be may have been assaulted by him. ' The money was lying on the counter, and nobody was holding the stakes. He did not see anybody else taking part in the row, but_ lie (witness) had two friends. O’Keefe and Shanahan, with him. He did not see either of his friends go up and speak to accused Ross before the row commenced, and he did not see the accused Ross knocked down at any time. Witness did not strike Kennedy before being struck by him. He first saw the accused Barry in the back yard, when be threw the lemoiir ade bottle. Both lie and bis friends were quite sober, and the accused men were all sober, as far as be could teli. The row had been in progress for three or four minutes when accused Barry threw the bottle at him.-He himself bad been convicted of assault about twelve months ago, and also for using obscene language in Tasmania.

John Blake, barman at the Turangauui Hotel, said that he was in the bar of the hotel at 5 n.m. on Tuesdn- and saw the five accused there. He heard somebody call out. “Kick the out,” and he rushed in and saw the accused Kennedy and another chap standing over Williams, who was on the ground, -and accused Barnes was jumping on his face. Accused Kennedy was using filthy language and inciting the vat hers to kick Williams to pieces. Witness pulled accused Barnes away., and Barnes pulled off his tear. Titov all came outside, - •: - v. oil Kcnnedv threatened to 1 ••*.• witness, saying that he was “ue this happened at the I'reiit e. er the hotel. The -five accused .lolri Wi!burns up to tile bedroom; but at the loot ot the stairs accused Kennedy throw a bottle crate •at Williams, and Garre-: ly came running out and shouted, “Alter him and do for the —-—.” Garrctty then picked up a lemonade bottle and threw it after Williams. Accused Ross- took up a rake and endeavored to pull Williams down oft the stairs with it, Williams then went up the stairs , and accused Kennedy chased him up. Williams turned round and kicked him. All the accused were continually calling out, “Do for the J 7 To Mr. Rees: Accused Barry was present at the- commencement of the row. Barry took an active part in the row, and he (witness) saw him strike Williams. There was a large crowd in the bars and passages of the hotel. "He was quite positive all five accused were taking part in the row. Frederick Higgs, barman at the Turanganui Hotel, also gave evidence. He was on the balcony, and his attention was drawn by hearing a filthy expression used by the accused Barnes on the footway underneath. Witness came downstairs and found accused Barnes and Kennedy outside the door trying to force their way in, and calling out, “.Any three of you come outside and we will take yon on.” All five accused then chased Williams into the private bar and commenced' to fight. Williams managed to get into the back yard and started up the fire escape. Accused Barnes picked up a crate and threw it at Williams, and accused Kennedy also did the same. Accused Ross had a rake in his hand trying to hit Williams, and after filthy language had been used :'i he saw accused Barry strike Williams on the arm with a bottle. Accused Garretty also threw a bottle tat Williams, but it missed him and struck the house. Accused Barnes followed Williams up the stairs with a hammer in his hand, endeavoring to hit Williams. While following Williams, accused Barnes

was' shouting out : “I*ll murder tlio f. * ?'? * V • ' “ To Mr Rees : Ho was about three yards away when ho saw Garretty and Barry throw the bottles. Ho was quite sure of their identity and boia of them' were sober, William Robinson, laborer, gave evidence of having seen part of the disturbance. He was in the public bar and went, into the private bar,, where he saw several men knocking Williams, about. Accused Barnes anil Kennedy he could identify as being of the nuinbor, -and they fought out into the passage and into the street. They then went back into the -hotel and -he did! not see them again. Accused Kennedy, especially, used filthy language, and the men were undoubtedly attacking Williams. Constable Dandy gave evidence ol the arrest of accused. Garrctty and Barry were sober'but the other three were under the influence of drink. Accused Garrctty -showed signs of having been drinking. Tliis closed the evidence for the prosecution, Sergt. Hutton intimating that he hud further evidence, but did not- propose to call it. Mr Rees outlined the defence, and called — James Garretty, one of the accused, a bookmaker, who said that -he was sober at the time of the occurrence. He saw a young man named Iveete strike the accused Ross, ns they had all argument over some money. Ross fell down, and 1 accused' Kennedy the'n tried to separate them, and Williams struck him. A general uproar then started, but he (witness) got away,, and did not even use bad language. It was untrue that he threw a bottle. He had no quarrel with Williams, and he did!' not see accused Barry there. He was. arrested while taking accused Barnes home.

To Sergt. Hutton: He had never been convicted of using bad language. He had been in several troubles in his time, but had not yet been convicted. He- had been run off several racecourses, but he did not call that getting into trouble. He bad been chased off, but it was his own option whether he went or not. Denis Barry, accused, a boilermaker, said that he was upstairs in bis room when be heard somebody running up the stairs. He saw several men fighting in the passage, and one of the combatants ran into him, knocking him down amongst some flower pots. ‘The evidence of the barman was incorrect, us he was not implicated in any part of it. He went for a swim with three other men about 4.30 p.m., and did not return until after 5 p.m. He did not throw a bottle at any time, but clid l his best to stop the fight. To Sergt. Hutton : He bad been working on the line for 5 months, but recently had acted as clerk for the accused Kennedy. He had not -been in the company of the other accused lately, and was not in accused Kennedy's company at the Muriwai races.

Thomas Dwyer, laborer, on the railway line, said that be went with the accused Burry and a man called Kelly for a swim. They went about 3 p.m. and returned just after d p.m.

To Sergt. Hutton: He was a bookmaker alien not on the railway line. He knew a man named Courtenay, who had been clerking for him. but lie could not say if Courtenay mis a convicted thief.

Joseph Kelly, carpenter, residing at the Royal Hotel, also gave evidence of having gone to the beach for a swim with Dwyer and the accused Barry, between the hours of 3 p.m. and -5.30 p.m. To Sergt Hutton : He was also a clerk for Smith, the bookmaker. Sadie Marron, barmaid -at the Turanganui Hotel, said that she was in the private bar when the row occurred. She heard a scuffle and saw the five accused there. Accused Garretty was not in the fight, and did not leave t-ho bar.

To (Sergt. Hutton: She was quite sure that Garretty was not in the yard.* She had known Garretty for about three months, and had corresponded with him and driven out- with biin. She was on fairly good terms ■vitli Garrctty, and was quite sure that- lie bad not left tlie bar.

Albert Payne, carpenter, said be was in the billiard-room of tlie hotel at the time of tlie disturbance. Accused Garretty Avas trying to get somebody away from the fight. Miss Marron ca,light hold of Garretty and asked him not to go out in the scuffle. Garretty did not leave tlie private bar.

To Sergt. Hutton : He stopped in the private bar and Avas sure - that accused Garrety did not leave the bar, as Miss Marron held on to him all the time. Sergeant Hutton applied for and was granted leave to call rebutting evidence.

John Young, laborer, also gave evidence. When Williams went out, folloAved by accused Kennedy, Ross, and Barnes, witness folloA\ r ed them. Kennedy threAV a bottle ci'ate at Williams and Ross had a rake, endeavoring to reach Williams, avlio Avas on the staircase. He was quite positive that tlie whole five men were in the yard. Accused' Barnes had a hammer and also threw some -bottles. He took particular notice, and saw Garretty throw a bottle as Avell as the -others. . To Mr Rees: He also saiv accused Barry throAi r a bottle in the yard. He had no conversation, Avitli anybody about the rase ; d Frederick Higgs (recalled, stated that be Avas on the balcony of the hotel before the quarrel,'land sa-A\- tlie accused Barry and tivo other men coming from tlio beach Avitli toAvels over their arms. _

To Mr Rees: That was about three minutes before the - row commenced. This ‘ concluded the evidence.

His Worship said that he had no doubt tba.trouble started over ,a gaming transaction in the Turanganui Hotel. He was satisfied that the man Williams had received! a rough handling from the fivo accused. He could not doubt the evidence of the witnesses for the prosecution. -Kennedy and Barnes -appeared to be the ringleaders, and would he more severely punished than the others. Kennedy -and Barnes would each be fined £lO, in default of immediate payment three months’ imprisonment with hard labor. Garretty, Barry and Ross, would each be fined £3 or in default 14 days’ hard labor. Witnesses’ expenses £1 10s would be. apportioned amongst the five. ,

A SECOND CHARGE,

WILFUL DAMAGE- TO PROPERTY

A further charge against Burry, Barnes and Kennedy was then preferred of having caused wilful" damage to crockery and a table to the value of £3, the property of Susan Wallace. Accused pleaded not guilty, and were again defended by Mr.W. L. Rees. Sergeant Hutton conducted the- prosecution. Frederick Higgs, barman, said that he was present when the crockery, etc, was broken. The three accused chased Williams upstairs, and he went into the first bedroom, but another man, who was with him, went down the passage. Accused Barnes picked up a flower pot and threw it after him and a general disturbance took place. Tables were knocked over in the rush, and Mrs Wallace uias knocked down. Accused Barnes also threatened to hit Mrs Wallace’s daughter with a hammer. Accused Barry tried to hit McPliee, and fell over on to a table, smashing two palm trees and pots. As well us tins damage two smaller palms were hr Or ken. two travs, and three or four smaller pots. A small table was also included' in the list of -damaged goods. To Mr Rees: Accused Barry came from the direction of his room. Susan Wallace, licensee of the Turanganiii Hotel, stated that she was on the landing at the fire-escape at the time of the disturbance, and saw ( a man running up the stairs. He? ran along the passage and she identified him as the accused Barnes. She went along after Barnes and saw him coming back again. She asked him what was the matter and Barnes, who had a hammer m us hand, knocked her down, but she did not think intentionally. Nine flower pots were smashed, the table was broken, and tlie staircase was broken. Slio estimated the amount of damage done at £3 odd. John McPliee, laborer, said that lie saw two men running -up the staircase chasing him and Williams. Accused Barnes and Kennedy were the men. A -flower pot was broken, but be did not see any breakages. To Mr Rees: He did not see accused Barry there. . This eonclued the evidence for the prosecution and for the defence Mr Rees called — ~ , , , Denis Barry, who said that he came out of his room when the men were running along the passage, when one of them knocked him over the flower pots. He had no connection with the row. To Sergeant Hutton: He did not know who knocked him over. Ilis Worship said there was not sufficient evidence to convict Barry, ■and the case against him would be dismissed. He bad no doubt the other two men had committed the offence. Barnes and Kennedy would each be fined- £1 with costs in addition to the amount of damage done, £3, in default of immediate payment 7 days’ imprisonment with hard 1& - bor. BREACH OF THE PEACE. On a further charge of threatening behavior in a public place,' whereby a breach of the peace was committed, no evidence was offered by tlic police and tlio rase was dismissed-.