Western Champion (Parkes, NSW:1898 - 1934) Thursday 22 March 1928

PARKES QUARTER SESSIONS

ALLEGED ASSAULT AT TOTTENHAM.  

Jury say "Not Guilty" after Five Hours Retirement.  

The chief feature of a case, heard before Judge Armstrong at the Quarter Sessions on Monday, in which Alfred John Loxley and Cecil Francis Loxley were charged with assaulting Reuben Alfred Lindley at Tottenham, occasioning actual bodily harm, was the contradictory nature of the evidence.

The Jury spent nearly five hours in arriving at their verdict, and then returned to court with a finding which set the defendants at liberty.

At the Quarter Sessions on Monday, before his Honor Judge Armstrong, Alfred John Loxley and Cecil Francis Loxley, charged with assaulting Reuben Alfred Lindley at Tottenham on 21st November last, occasioning actual bodily harm, pleaded not guilty.

The accused were defended by Mr.W. P. Kelly (Wellington)    

Mr. B. V. Stacy, Crown Prosecutor, conducted the case for the Crown.

The right of challenging Jurors was freely exercised by the defendants, and the following jury eventually impanelled; J. T. Walsh, J. Patterson, J. Venables, L. E. Mazoudier, J. E. Moulden, G. F. Field, A. M. Clark, A. Beasley, E. M. Stack, M.B. Thurn, W. H. Rogan and W. J. Baker.      

Constable Staple stated that he saw Reuben Lindley lying in the street bleeding from the mouth, and apparently unconscious. Took Lindley to the hotel verandah and then to the doctor. Found Lindley lying 12 feet from the Greek's shop. Saw Alfred John Loxley, who denied that he had seen any fight. He said that he did not kick Reuben Lindley and did not know anything about it. Loxley had no shirt on and his trousers was torn. Saw the other defendant Cecil Loxley later. He had his hand tied. When arrested and charged the defendants had nothing to say.

To Mr. Kelly : Did not arrest defendants until 15th December. Cecil Loxley was not present when I spoke to his brother. Knew nothing about the row itself. Did not see it.

Reuben Alfred Lindley stated : Am a laborer. Was at Tottenham on 21st November at 9 p.m. I was on the hotel verandah and heard talking on the Dago's verandah. Went over. Rudd was on the ground and Jack Loxley was standing over him. I said "Cut this out." Next thing Jack Loxley hit me and knocked me down. I Remember nothing after I hit the ground, until the Constable lifted me up. Went to the doctor, and was laid up about three weeks. The doctor did not attend me after that night. Was affected by the injury to the ribs for six weeks. Did not notice Cecil Loxley when I went over.  

To Mr. Kelly : Wm. Roach was with Turner was a little distance away.

The argument at the Greek's shop did not concern me. The light was not good. There is no light in the street.

Could tell people when I walked up to them. Did not have time to see who was there beside Rudd and Jack Loxley, Rudd was on the footpath and Loxley was standing alongside. Will not swear that I saw Cecil Loxley there at all.      

Dr. Grainger stated that on 21st November he examined Lindley. Found that he had a broken rib on the right side and cut lip. The injuries were fairly serious and Lindley would not be able to work for a considerable time.

To Mr. Kelly : Saw Lindley about 11 o'clock on the night of 21st November Saw him again three days later.  After that I did not attend him professionally, but saw him about the street. The injury could have been caused by falling against a stone.

Harold Godfrey Rudd stated that he saw the accused and a man named White. Jack Loxley accused me of "spurring" a man named White. We went across to the Greek's shop, but there were some women talking to the shopkeeper, and we came back to the footpath. Jack Loxley called me a ________ and struck me. Lindley came over when I was on the ground. Cecil Loxley called him a —— and struck Lindley and Jack Loxley kicked him. My wife was in a car and when she got down and went to pick up a belt Jack Loxley smacked her in the face while she had a baby in her arms.            

To Mr. Kelly : Have always been on friendly terms with Alfred John Loxley. Was out of work at the time. Cecil Loxley remained at the hotel. When I went across the street with Jack Loxley and White Jack Loxley struck me in the mouth and threw me. He was bending over when Lindley came over. I could not get up as he was punching me. I was struck a good few times. I did not hit Loxley,I did not have a chance. Cecil Loxley punched Lindley and knocked him down. Jack Loxley was stooping over me when Cecil Loxley struck Lindley.  

Jack Loxley did not strike Lindley when he came over. There were four  or five men around. We were directly in front of the Greek's shop. The row started at the door and when Lindley came we were four or five yards away. Was fined £20 for larceny by finding of a suit case. White was mixed up in that, but I have not been bad friends with him since.

Florence Elizabeth Rudd stated that she was the wife of the last witness. Was in Tottenham in November and saw her husband and Jack Loxley with White come across the street to the Greek's shop. Saw Jack Loxley hit her husband. Saw Lindley come across to separate them. Jack Loxley hit Lindley. Got out of the car to pick up something which had dropped and which she thought might be her husband's. Jack Loxley hit her in the face when she went to pick it up. After Lindley was on the ground Jack Loxley kicked him.

To Mr. Kelly : Was sitting in a car about ten yards away. Jack Loxley and my husband were on the footpath. My husband was on the ground and Jack Loxley was over him. My husband was still on the ground when Lindley came over. Lindley did not get time to pull Jack Loxley off, as Cecil Loxley struck him.

To Mr. Stacy: Loxley was in a sit ting position on my husband.

William Thomas Roach stated that he was with Lindley when they heard something going on at the Greek's shop. Lindley went over and I saw him fall backwards, but I did not see who hit him. Rudd and Jack Loxley were fighting. Cecil Loxley hit Lindley, as he fell on the face.  

To Mr. Kelly : Saw Mrs. Rudd standing against the verandah post. Could not tell who were fighting from the hotel verandah. Jack Turner and I walked over to Joseph's shop. Cecil Loxley was on the verandah of the hotel when we went across to Joseph's shop. When I got to the Greek's shop Loxley and Rudd were standing up fighting. They were not on the ground struggling together. Did not see any kicking. Saw Cecil Loxley there when I got there.

Mark Joseph stated that he was a storekeeper at Tottenham and went to the scene of the quarrel. Saw Lindley on the ground, and saw Cecil Loxley hit him. Saw Alfred John Loxley there but did not see him do anything.

To Mr. Kelly: Jack Loxley did not strike anyone while I was there. Did not see Lindley fall. Did not see Rudd and Jack Loxley fighting.

Alfred John Loxley, in a statement from the dock, denied that he had interfered with Lindley in any way. He admitted fighting, with Rudd and said that when he got free from Rudd his brother asked him to come home.  

Cecil Francis Loxley stated that on 21st November he noticed a row at   George Dean's. Saw my brother and  Rudd wrestling on the ground, and  told my brother to come home. Lindley at that time was lying on the ground. Did not strike him. He was on the ground about 5 or 6 yards from where my brother and Rudd were wrestling.  

To Mr: Stacy: They got up as I got over. I pulled my brother away, and said, "Come home and get some clothes". Saw Lindley on the ground when I first went over. I was 10 yards away when I first saw him. I was told afterwards that it was Lindley. I didnot know who it was. I did not see Lindley at all that night. Did not see Joseph and Roach. Did not see a soul that I recognized except my brother, and I took him home to get some clothes. Did not see Mrs. Rudd there.  

To Mr. Kelly: Saw a man on the ground, but did not know who it was  and was afterwards told it was Lindley.

Wm. Hodges stated that he knew the accused. Heard a row at the Greek's shop. Saw two men on the ground. Lindley who was under the influence of liquor, went over to where the men  were fighting. I followed just behind him. Jack Loxley and Rudd were on the ground. Loxley was down and Rudd was on top of him. Saw Lindley on the ground but did not see any one hit him. Saw Cecil Loxley come up when the fighting was over and take his brother home. That was the first time he saw Cecil Loxley there.

To Mr. Stacy: Hodges denied that he told a different story to Constable Staple.    

To Mr. Kelly: Did not discuss the case with you or tell you what evidence I was going to give.  

Mr. Stacy objected, and the questioning of the witness was brought to close.  

John Turner stated that when the row was on he went with Roach to Joseph's and then to the Greek's shop, There was a man lying on the street. There was no one fighting. Did not see Cecil Loxley there. Did not see Jack Loxley there when I walked over.

Constable Staple, recalled, stated: Had a conversation with Hodges at Tottenham lockup. Hodges told me that he saw Jack Loxley kick Lindley on the night of the 21st November.  

Mr. Kelly asked his Honor to direct the jury that this evidence was not admissible as against the accused.  

His Honor: I won't do it now.

After counsel's addresses to the jury his Honor summed up, directing the jury that the statement which was said to have been made by Hodges to Constable Staple was not evidence in the case against the accused, though they could take it into consideration in appraising the value of Hodge's evidence.    

The jury retired at 12.30 p.m., and returned to court at 5.22 with a verdict of "Not Guilty" against both defendants.    

The accused were discharged.

GENERAL NEWS

OBITUARY

FREDERICK JOSEPH LINDLEY.

A well known local identity in the person of Frederick Joseph Lindley, passed away at the District Hospital on Friday, 3rd inst. The late Mr. Lindley was a resident of Grenfell for many years, and  

for a long time conducted a livery stable. Prior to his death he was engaged at the Royal Hotel. The interment took place in the Church of England portion of the   local cemetery, Mr. S. Saville reading the service in the absence of   Rev. N. G. F. Cooke. A brother of the deceased came across from Tottenham to attend the last sad rites.

The West Australian(Perth, WA: 1879 - 1954) Friday 2 December 1932.

FUNERAL NOTICES.

LATHAM. — The Friends of Mr. Alfred Henry Latham, of Herdsman Lake, Wembley, are respectfully informed that the remains of his late beloved wife Alice Latham, will be interred in the Anglican portion of the Karrakatta Cemetery at 2.20 o'clock THIS (Friday) AFTERNOON. The Funeral is appointed to leave the Private Mortuary of Arthur J. Purslowe, 664 Newcastle street, Leederville, at 1.45 o'clock. Train connecting with Funeral leaves Perth at 2.5 o'clock. ARTHUR J. PURSLOWE. Funeral Director, 20 Angove street, North Perth, 664 Newcastle street and James street, Guildford. Tel. B2649.

DEEVES—ANDERSON                                                    ( Young, NSW )        28 December 1936

THE SYDNEY MORNING HERALD (NSW:1842-1954) Saturday 20th July 1946

JAMES WILLIAM LINDLEY late of   "Mogille Plains" Tottenham In the State of New South Wales Labourer died on the 31st October 1945 Intestate.

IN the Will of GEORGE LINDLEY late of

"Mogille Plains" Tottenham In the State of New South Wales Retired Grazier deceased. Application will be made after 14 days from the publication hereof that Probaté of the last will and Testament dated 3rd September 1940 of the above named deceased may be granted to Francis Barnett Watson In the will called Frank Watson one of the Executors named In the said will, James William Lindley the other Executor therein named having predeceased the Testator and all notices may be served at the under mentioned address. All creditors In the Estate of the deceased are hereby required to send in particulars of their claims to the undersigned. Leonard Giovanelli Proctor for the Executor Tullamore By his Agents M B Byles & Co 4 Castlereigh Street Sydney

The West Australian (Perth, WA: 1879 - 1954)   Thursday 25 Aug 1949

LATHAM: On August 24 1949, at Subiaco, Alfred Henry, the dearly loved husband of Ethel Latham, devoted father of Alfred, Thomas, Alice (Mrs. Landau), and William; step-father of Ernest, Lillian (Mrs. D. Smith), Millie (Mrs: C. Smith). and Victor; aged 65 years.

LATHAM (Alf): Passed away on August 24. at Perth, loved father of Tom. loved father-in-law of Sadie, grandfather of Vanna and Stacey.

LATHAM (Alf) Passed away, loving Dad of Alice. son-in-law John, grandfather of Ron and Bob. Resting where no shadows fall.

LATHAM: On August 24 at Subiaco, Alfred Henry, affectionate   brother of Violet (Mrs. Haynes) and Charles, of Nedlands, also uncle of Arthur and Gordon of Narembeen.

LATHAM: On August 24. passed away. Alf, beloved brother-in-law of Nell and Syd  Motteram, dear uncle of Mavis, Bert, Jan, Bertie and Lesley. Peace. perfect peace.

LATHAM: On August 24. passed way. Alf, beloved brother-in-law of Sadie and the late Alex Lawson. dear uncle of Mabel, Harold, Bill, Isobel, Thelma, Jack, Dora and Ted. One of Nature's gentlemen. At rest.

IN the Estate of REUBEN ALFRED LINDLEY late of Tottenham In the State of New South Wales Laborer deceased.

Application will be made after 14 days from the publication hereon that Administration of the Estate of the above named deceased with the Will dated 1st August 1947 annexed the Perpetual Trustee Company (Limited) the executor named therein having dulv renounced may be granted to David Henry Lindley and Horberry Lindley the sole beneficiaries mentioned therein and all notices may be served at the under mentioned address

All creditors in the Estate of the said deceased are herebv required to send In particulars of their claims to the undersigned. Application will be made that the usual Administration bond may be dispensed with or reduced.

GIOVANELLI & DOUGLASS Solicitors 21 Macquarie Place Sydney

The West Australian (Perth, WA: 1879 - 1954)      Thursday 13 March 1952

LATHAM: On March 12. 1952, at Hollywood Hospital. Ethel, the dearly loved wife of the late Alfred Latham, loving mother of Ernest, Grace (Mrs. C. O. Smith, Narembeen). Victor and Lillian (deceased), grandmother of 13 grandchildren; aged 73 years. A patient sufferer at rest. LATHAM (Ethel May): Beloved sister of Bert Redfearne, Sadie Lawson, Nell and Syd Motteram, Ann and Bill Arbuckle. A patient sufferer at rest.