Alleged Assault Outside Church - 1936

The Sydney Morning Herald, Wednesday 30 September 1936

 

ACCUSED ACQUITTED.

Alleged Assault Outside Church

At the Parramatta Quarter Sessions yesterday a verdict of not guilty was returned in the case in which Edward John Higgins, 29, rubber worker, was charged with having assaulted Archibald Howard Taylor and caused him actual bodily harm by punching him on the face, outside the Roman Catholic Church, Auburn, on the morning of August 30. Higgins was discharged. It had been stated that both men were members of the church, and that Taylor acted as collector there. Accused had entered a plea of self defence and extreme provocation.

Higgins, in evidence, stated that he had approached the church on August 30 and saw Taylor standing on the footpath. Taylor had a newspaper rolled up in his hand and, according to witness, said to Higgins, "What! Are you here again, you hypocritical -.". Higgins declared that Taylor aimed a blow at him with his fist and witness dodged it. The blow struck him on the neck and he then struck Taylor, The latter fell backward and tripped into the gutter. At a meeting of the K.S.C., Higgins said he asked for an investigation into certain statements which he declared had been made against him by Taylor. He said that Taylor protested wildly and said the committee had no authority to do so. The finding of the committee, said witness, was that Higgins had been done a grave injustice. Taylor protested violently, he added, and scribbled out his resignation from the society. Higgins further alleged that Taylor endeavoured to prevent him entering the church for his devotions on numerous occasions as well as pushing him away from the holy water and trying to trip him inside the church.

In an alleged statement made to the police accused said that he had wanted to fight Taylor some time ago, but the latter had refused. "He has been slandering me for a long time, and will not let up," accused said, according to the statement. Detective Sawyer said that accused had informed him that he and Taylor had had an argument about two or three years ago over politics and other matters.

Daniel McCarthy said he was on tho opposite side of the street when he saw Taylor advancing toward Higgins. Taylor made a punch at Higgins and they got into holts. Taylor fell backward into the gutter.

The jury, before returning its verdict, visited the scene of the alleged assault.

http://trove.nla.gov.au/ndp/del/article/17288316