The Archive · 1921

Serious Assault Charge

Chauffeur's Complaint Against a Customs Officer: Alibi Claimed by Defence A member of the Customs service, S. B. Gaynor (22), of 20 Quinsan Gardens, pleaded at the U. S. Court on Tuesday "not.guilty'" to charge of having violently assaulted a_ Chinese four in the employ of the Western Garage, early on the morning of the 11th. instant.

It was alleged by the complainant, who brought a private prosecntion against Gaynor that the latter with two others not charged, held him by the feet and head and threw him bodily out of the car. The defendant was afterwards alleged to have hit the man in the eye, kicked him in the groin and left him half conscious in the roadway.

In evidence, the chauffeur said that at about 2.30 a.m. on Monday morning defendant telephoned to the Western Garage for a car. At the Del Monte Cafe he wanted to drive himself. When he was not permitted to do so, he telephoned to the Eastern Garage. Finally the witness drove him with three others to some distance from the cafe, when suddenly he was assaulted. He took a ricsha to the Del Monte and the manager there promised to take the matter up.

A doctor's certificate stated that the chauffeur was suffering from a contused right thigh and possibly a fractured rib.

The defendant said: He (the chauffeur) says that I struck him. I was not in the car, but working.

Mr. Schuhl, the Commissioner Where were you at work?

Defendant:—On the str. Fengtien. I was detailed for duty on that ship and was signed on at 1 a.m, Defendant said although the Chinese asserted that he had assaulted him in reality neither of them had ever seen each other.

'A chit was then produced by the Commissioner which bore a signature purporting to be that of defendant's, He agreed on examining the chit that the signature was his, but still denied having been in the car on the night in question. He had been to the Del Monte three times previously and had then probably signed chits.

Mr. Schuhl:—Do you lieve then that they kept this chit and purposely handed it to the Chinese?—No.

The Commissioner went on to say that on Monday defendant Chambers told him that he had permitted a musician at_the Ritz Cafe to use his name. Defendant admitted this was so, and that he wrote a letter to the complainant, ju order to "square the matter" until he could find out who did commit the assault.

Mr. R. B. Martin, in the employ of the Customs, said that at five or ten minutes past one on Monday morning defendant.came on board the Fengtien to relieve him.

Text read from the printed page and cleaned; old type leaves the occasional error.

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