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Mr. d'Almads: Is it out of re- venge and jealousy that you pommelled the complainant 7- No.
I put it to you that the Cap- tain's story is true ?—No.
Did you hit him hard ?—Yes. He also hit me hard.
Inspector Moore anid he noticed a slight scratch on defendant's forehead and a mark on his small finger. He said he had been struck on the head by Captain Bentley with a stick. Defendant was sober, but excited. Witness asked Captain Bentley about his stick and ho replied that he had dropped it in the struggle and had not recovered it.
At the conclusion of the evidence Mr. Turner said the complainant's story was extra- ordinarily unlikely. If his tale ware true defendant must have been so embittered against the Captain who was at one time his senior officer as to lose his self- control and attack him in tho middle of the street. The motive of the assault suggested by the complainant, was unsupported and improbable because defendant was gradually climbing up the ladder of promotion since his die- charge from the Telemachus. He had been the second engineer of the Phoumpenh and was now the
THURSDAY, MAY 5; 1921.
DAIRY
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Defendant admitted the assault, but he (Mr. Turner) submitted that no incentive of the assault could have been greater than the insult. Mr. Turner asked Magistrate
fendant.
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Mr. d'Almada said that tho unfortunate part of the case was that there were no witnesses of the assault for the prosecution but had there been a companion with Captain Bentley he was sure the assault would not have been made by defendant, who had apparently been watching for an opportunity to pommell him while he was alone. The prosecution had suggested a motive, whereas defendant could give no reason at all why the complainant should have given him a bad
name.
His Worship said it seemned curious to him why the complain-. ant should have picked up bie hat and did not bother about his stick. He was not altogether satisfied with the Captain's story and order- ed both parties to sign personal bonds of $200 to be of good behaviour for twelve months.
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EUROPEAN ASSAULT
CASE.
(Continued from Page 13 was talking to Mr. Meek, but did not talk to him.
Mr. Torner: I put it to you that Mr. Best was not coming out
he had visited the Phoenix Club) on several occasions.
Mr. Lindsell: I don't see that} this has anything to do with the witness's voracity.
Mr. Turner: I wish to prove that the witness was disposed to fight when he was annoyed.
Sergeant Stinson gave evid- ence. He said he saw a mark on defendant's knuckles which he
of the V.R.C.. but going into it when you said to him said was caused in the fight with "What are you doing here, youCaptain Bentley.
little b.
absolute lie.
Mr Thomas Meek testified to:
Captain. Bentley: It is an the fact that the complainant was quite sober when he was sitting with him at the V.R.C.
Mr. Bost then remonstrated with you and you hit him on the forehead with a walking stick? No, I carried a thin common walking stick.
Are you a member of the Phoenix Club?
Mr. d'Almada objected to the question which he corridored was not relevant,
Mr. Lindsell: Are you trying to shake his credit?
Mr. Turner: Yes. I maintain that I am entitled to put any questions to the complainant on behalf of the defendant.
Mr. d'Almada said that unless Mr. Turner could satisfy hic Worship of the relevancy of the questions, he objected to them.
Mr. Lind sell asked Mr. Turner what was he driving at,
Mr. Turner said he wanted to test Captain Bentley's veracity.
The question was eventually put to Captain Bentley who replied in the affirmative.
Mr. Turner: When did you coose to become a member?
Captain Bentley : four months ago.
Why did you leave the Club - Mr. d'alamada said his client resigned from the Club owing to dlsagreement with one of the members.
hear it.
Three or
raised
LA
|
Defendant said that on the 16th April he was a second engineer of the 'heumpenh. Complainant in- sulted him when he was entering the V.R.C. While he was divesting himself of his coat Captain Bent- ley Struck him on the forehead with his slick and broke it.
He then blacked the Captain's eyes. After the fight he went to the Exile Garage to seek advice. as to what he should do. He was advised to go to the Police Station and make a report. Mr. Best said he did not fight com- plainant because he was jealous and disappointed with regard to the promotion on the Telemachus. He has no reason to be jealous! because he was promoted by the same Company after his dis- charge from the Telemachus to be second engineer of the Phe- umpenh which, was just as re- He had had no munerative. trouble. Captain Bentley on the Telemachus.
Mr. Leo. d'Almada :-I put it to you that bad you got the job as second engineer of the Tele- machus you would not havel resigned?
Mr. Best I dare say not.
Replying to a further question, Mr. Bost admitted that he would Mr. Turner: What was the not have left the Telemachus if he altercation about?
had got the second engineor's Mr. d'Almada
job. He Wag not annoyed o'jection.
when he did not get it.. He Mr. Lindsell said he wished to had held a second apginger's certificate for about twelve Captain Bentley then said months. He could not say why that one day he and a friend Captain Bentley should have strolled into the billiard insuited him. He did not meet room where a game was in Captain Bentley at the V. R.O. progress. They Bat down and talked together. Mr. James, who lost the game, reproved him for talking while bo was playing and he had a fow words with him. He was asked to resign and he com- Mr. Best: I would not have plied. Later, he learned from taken advantage of an old man. follow members that the Club re- I would not have assaulted him, gretted its decision. Since then but for the insult.
Mr. d'Almada: Can you sug gest any reason why an elderly man like Captain Bentley should have given such an ugly name to a hefty young follow like you?
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