[Editor: This article, regarding an assault upon a man for helping the police, was published in the Maryborough Chronicle, Wide Bay and Burnett Advertiser (Maryborough, Qld.), 9 December 1916.]
Police Court.
Friday, December 8th, 1916.
(Before J. M. Bracewell, Esq., P.M.)
Assault.
A heavy penalty.
Patrick O’Connor proceeded against Joseph Coops on a charge of unlawful assault. Mr. C. S. McGhie appeared for the complainant, and Mr. H. G. S. Morton for the defence. Defendant, who is a member of the A.I.F., and dressed in khaki, pleaded not guilty.
Mr. McGhie explained that in November last the defendant was arrested by Constable Lawder for drunkenness. The constable had called the complainant to his assistance, and on the way to the lock-up the defendant shoved O’Connor and said he knew where he worked, and would give it to him. On Saturday last defendant waited for complainant outside Campbell’s shop and when O’Connor came out, defendant assaulted him, and said he didn’t care if he did six years for it.
The following evidence was called:
Patrick O’Connor stated: Am shop employee in Alex. Campbell and Sons, Maryborough; am complainant in this case, and know Samuel Joseph Coops; knew him by sight; remember him being arrested for drunkenness on 12th November last. Constable Lawder arrested him and called on me to assist him, because defendant was resisting. Did assist him; on the way to the lock-up Coops said “I will get you, you work at Campbell’s; he was not in uniform then; next saw him on Saturday last, 2nd inst., in front of Campbell’s grocer shop, about 10 past one; was just coming out of the door after closing up; had two parcels in my hand, 1lb. of seed, and 1 bottle of sauce; defendant walked up to me on the footpath and said “What about it?” I said “about what?” Did not know him at first; he was in uniform; knew his voice when he spoke; he said “that court case a few weeks ago.”
I said “It is nothing to do with me, you go away; if you interfere with me there will be more trouble.” He said “I came back to get you.” I said, “What for”; again I said “Don’t interfere with me,” a second time. He said “I will do six —— years for you.” I said “Yes,” and I started to walk away from the defendant; he shaped up and hit me between the eye and the nose.
When he hit me both parcels were knocked out of my arms. The blow did not knock me down; it blackened my left eye, the mark is still there; he followed me on and I hit back; we then closed and someone finally separated us; then went into Mr. Campbell’s yard for protection; he followed me into the yard, and took his coat off and wanted to fight me again; he still kept saying he wanted to get me; I went into Mr. Campbell’s shop, and Mr. Campbell rang up for the police; did not think he was drunk.
By Bench: Could not tell at the moment whether he had drink or not.
Witness continuing said: Defendant came up to my place on Monday night last after the summons had been served on him; he came to my own house; I said “What do you want?” He said “I came up to see if you would squash this case; I want to catch a boat on Thursday.
“I said “Why didn’t you think of that before Saturday, and not come here making a show of me.” He said “You know I was a bit blithered; no more of it for me.” “I said “I can’t help that.” He said again “Are you going to squash it before I go?” — shake hands and be good friends?” I said “No.” I can’t do anything till I see my solicitor.” He still kept pleading to me to forgive him, and said “I know I was in the wrong.” I said again “In the wrong or not I can’t do anything till I see Mr. McGhie.” He still stood on the step, and I said “It is no use Joe.” He said “If I come to see you to-morrow, will you withdraw it?” I said “If you want me you know where to find me.” He said “I will square all expenses.”
He came to me on Tuesday, where I was working, and a similar conversation took place there. There were between 200 or 300 people about just after the assault. Did not give him any provocation for the blow. He had no business at the shop, it being closed; the blow has caused me pain, and there is still the sign of the blow.
By Mr. Morton: When defendant struck me I hit back; did not see any marks on him; when he hit me I went for him and we fell over the bicycle; we both fell over. I was on top; I got “home” several blows on him; he may have had a black eye; there were four persons about when the struggle started; he got the best of the fight; when we got to the back did not say I would fight him if he took his tunic off; did not take my coat off; have never engaged in any fighting; the police did not urge me to make a case of it; they said “Will you give him in charge?” I thought I would summons him; would not give him in charge; defendant then started walking home; defendant offered to shake hands with me but I refused; after seeing Mr. McGhie, I would not accept defendant’s offer to square up.
By Bench: The only reason I can assign for the attack was that I assisted the police in the execution of their duty; at the time defendant struck me, I did not anticipate being struck; did not shape up to him; I simply hit him back to protect myself.
Stanley Hogan, shop assistant, in Alex Campbell and Sons, stated: Know the defendant Coops; knew him some time and knew him to speak to; remember Saturday last; complainant works with me; remember about one o’clock on the Saturday in question, the shop was closing up; about 10 past one complainant was leaving shop with two small packages; witness gave corroborative evidence as to what followed; defendant had a man named Walker with him; defendant asked what he was going to do about the recent court case, and witness corroborated the evidence of the last witness as to the conversation that took place, and the fight that followed; continuing witness stated he told complainant to go away, and he (O’Connor) went into the yard; O’Connor did not give Coops any provocation.
By Mr. Morton: It is possible I did say who struck the first blow, but do not remember saying it; they closed immediately; Coops fell over bicycle and O’Connor fell on top of him.
By Mr. McGhie: Defendant had no business there, and am satisfied he went there looking for fight.
By Bench: I advised complainant to go to the back yard.
Constable W. J. Lawder, stationed at Maryborough, stated: Know the defendant J. Coops; on 11th November last arrested him for drunkenness; he resisted arrest, and I called on complainant O’Connor to render assistance; on the way to the lock-up defendant Coops put out his right hand and pushed O’Connor away; at the same time he said “I know you, you work at Campbell’s.”
Next day he was charged with drunkenness and resisting arrest; complainant was called on to give evidence for the prosecution, and defendant was fined in both instances, pleading guilty to resisting arrest; a man, Walker, bailed defendant out; saw complainant on Saturday afternoon; he had a black eye.
By Mr. Morton: The fight was over when I arrived; complainant was undecided whether to give defendant in charge.
Mr. McGhie stated that was the case for the complainant.
For the defence:—
Joseph Coops, defendant, a member of the Australian Imperial Forces, stated: Was on final leave last week, expecting to go away this week; my arm was just starting to get sore from vaccination on the day in question; on the Saturday went round to Campbell’s to see the complainant; I went there to make friends with O’Connor, did not want to go away with any ill feeling between us; complainant came out of the shop and closed the door after him; he said “What do you want, do you want right?” I said “Just as you like.”
With that he hit me on the eye, and I had a black right eye; he then put up his left arm to hit me again; we then had a fight; we fell on the ground, complainant falling on top of me; O’Connor went into Campbell’s back yard and called me over and said “I will fight you if you take your tunic off.” He had his coat off. I took my tunic off; when I took the tunic off he said “I don’t want to fight now, I will get Mr. Campbell to ring up the police.”
When the police arrived, O’Connor accused me of assaulting him and I said he assaulted me. O’Connor said “I will drop it at this.” On Monday morning I got the summons; had to be back at the military camp on Wednesday morning and leave by boat on Thursday 7th; had to get special leave to come back; spoke in a friendly way to O’Connor when I went up to him; Hogan said he did not see who struck the first blow; did not go there with the intention of having a fight.
Mr. McGhie: When did you get this tale up “Joe.”
Witness: I did not make it up.
By Mr. McGhie: Was anxious to make friends with O’Connor; I very seldom swear.
By Bench: Am not in the habit of getting drunk.
By Mr. McGhie: Have done some fighting; there is nothing like getting fit. Went to Sunday school with Hogan; Hogan and I have been good friends.
George Oliver Alexander Walker, of Antigua, stated: Am a labourer; know O’Connor by sight, also know defendant; On the Saturday in question was in company with the defendant outside Campbell’s shop; complainant came out of the shop and went up to defendant; Coops said “Come here, Patrick? want to talk to you.” O’Connor turned round and walked over to Coops.
O’Connor said “What is it you want — is it fight you want?” he said it in a very sharp manner; defendant said “You can please yourself about that, just as you like.” O’Connor hit the defendant with his right hand under the right eye, and next day there was a mark; O’Connor hit the first blow; when O’Connor put up his left hand, Coops started to fight; they had a fair go for a few minutes till they fell over.
O’Connor went towards Campbell’s back yard, and he said “If you come round the back and take your tunic off, I will fight you.” Coops followed, and I went to the back gate. Coops was taking his tunic off and O’Connor had his coat off when I got there; O’Connor said “I will not fight you. I will get Mr. Campbell to ring up the police.” O’Connor picked up his coat and walked into the shop; heard O’Connor ask who struck the first blow when the police arrived. Hogan said he did not know.
By Mr. McGhie: Went to Campbell’s at the request of my friend who wanted to have a talk with O’Connor; he did not mention the subject; I naturally thought there was going to be a fight. Coops said his arm was sore, and he did not want to fight; bailed Coops out, and gave evidence on his behalf; did not hear Coops say “I will do six —— years for you.” There seemed to be ill-feeling on Coop’s side, I don’t know about O’Connor’s.
This concluded the case for the defence.
Mr. Morton briefly addressed the Bench and said there were two conflicting stories. Whoever struck the first blow, the second was struck simultaneously. He thought the weight of the evidence rested with the defendant.
Mr. McGhie addressed the Bench, saying the case was something more than an ordinary assault. The police were obliged to call on civilians, to give them assistance, and he thought they should get protection. He asked for a conviction.
The P.M. addressed the defendant, saying he did not know whether defendant expected him to believe his evidence, as he did not do so. The complainant had been called on to assist the police and would have been fined had he not done so. As far as defendant’s actions were concerned, he was a disgrace to the uniform he wore. He had no sympathy for a man who would assault another man who had been called upon to do his duty. He would uphold the police and everyone who had to assist them in the execution of their duty. He would convict the defendant and consider what penalty he would impose.
Sergeant Daly said there was nothing known against the defendant except the two previous convictions referred to.
Mr. Morton asked for leniency for the defendant. His mother was a widow in poor circumstances, and four of the sons had enlisted.
The P.M. said defendant would be fined £5; costs of court, 8/2; two witnesses’ expenses, 5s. each; professional costs, £2/2/-, in default of payment two months’ hard labour in the Rockhampton gaol.
Source:
Maryborough Chronicle, Wide Bay and Burnett Advertiser (Maryborough, Qld.), 9 December 1916, p. 10
This trial was also reported on in:
The Telegraph (Brisbane, Qld.), 12 December 1916, p. 2 [entitled “Assaulted for assisting the police: An important case”]
The Week (Brisbane, Qld.), 15 December 1916, p. 25 [entitled “Assaulted for assisting the police”]
Editor’s notes:
—— = two em dashes (or a variant number of em dashes) can be used to indicate swearing, just as “****”, “$#*!”, “#$@&%*!”, or similar, can indicate swearing (a series of typographical symbols used to indicate profanity is called a “grawlix”); an em dash is an extended dash (also known as an “em rule” or a “horizontal bar”), being a dash which is as wide as the height of the font being used (em dashes can also be used in place of a person’s name, so as to ensure anonymity; or used to indicate an unknown word) [in this instance, the censored word is likely to be “bloody”]
A.I.F. = Australian Imperial Force; the First Australian Imperial Force was created in 1914 to fight in World War One, the Second Australian Imperial Force was created in 1939 to fight in World War Two
Alex. = an abbreviation of the name “Alexander”
Antigua = an island in the Caribbean, being one of the two major islands of the country of Antigua and Barbuda
See: 1) “Antigua”, Wikipedia
2) “Antigua and Barbuda”, Wikipedia
Bench = a judge or a magistrate (or a number thereof, collectively) in a court of law (in a judicial role); the place where a judge or a magistrate (or a number thereof, collectively) sit in a court of law (a “full bench” refers to all of the judges of the court sitting together in judgment in a court)
blithered = very drunk
See: “blithered adj.”, Green’s Dictionary of Slang
Esq. = an abbreviation of “Esquire” (a formal but unofficial title of respect, usually abbreviated as “Esq.” and placed after a man’s surname); a squire (a landed proprietor); a member of the English gentry who ranks below a knight
fair go = a fair fight
See: “fair go n.”, Green’s Dictionary of Slang
gaol = an alternative spelling of “jail” (prison)
home = a point of focus, a goal, a target; to hit home, i.e. a hit, punch, strike, or throw that connects well with the target
in charge = to put into care or custody; to put into the custody of the police; to arrest; to have someone arrested
inst. = instant; in this month; a shortened form of the Latin phrase “instante mense”, meaning “this month”; pertaining to, or occurring in, the current month
Joe = an abbreviation of the name “Joseph”
khaki = a tan colour, having a yellowish-brown or a light dusty shade; can also refer to a brownish-green or olive colour; the traditional colour of army uniforms in countries of the British Commonwealth (uniforms of khaki colour were used in the British Army since the mid-19th Century, gradually replacing the standard “redcoat” colour, which stood out too much whilst fighting; modern armies now use battle dress with various types of camoflauge)
lb. = pound (a unit of measurement); the abbreviation of “pound” is “lb.” (plural: lbs.), derived from the Latin “libra pondo” (meaning “a pound by weight”), being an ancient Roman unit of measurement (a “libra” was a balance or scales, with which items were weighed)
lock-up = (also spelt: lockup) police lock-up, police cell, jail cell, the building where the police cells are located
P.M. = (abbreviation) Police Magistrate
s. = a reference to a shilling, or shillings; the “s” was an abbreviation of “solidi”, e.g. as used in “L.S.D.” or “£sd” (pounds, shillings, and pence), which refers to coins used by the Romans, as per the Latin words “librae” (or “libra”), “solidi” (singular “solidus”), and “denarii” (singular “denarius”)
shape up = prepare to fight, get ready for a fight; to take up a fighting stance; to clench fists in preparation for a fight (in a defensive or offensive manner); approach, gesture, or posture in a threatening manner, as if ready to start a fight
shaped up = past tense of “shape up” [see: shape up]
square up = make a settlement, come to a mutually agreed upon arrangement; make things right between people (e.g. apologise for an insult or a wrong deed, agree to be cordial or polite towards each other, become reconciled, cease hostilities, make peace); pay or settle a bill or a debt
[Editor: Changed “resisted arrest,a nd” to “resisted arrest, and”, “failed defendant out” to “bailed defendant out”, “Rockhampton gaol. ton gaol.” to “Rockhampton gaol.”.]
[Editor: The original text has been separated into paragraphs.]
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