The Waihi Police Court.

Waihi Daily Telegraph, Volume IV, Issue 1150, 21 November 1904, Page 2

The Waihi Police Court.

Charge of Assault,

At the Magistrate's Court this inovning, before Messrs. H, W. Moore and Mpx. D, King, Justices, James Woodward was charged with unlawfully assaulting Charles Joughta, Mr Jaokson, who appeared for com* plainant, said this case was a serious one. Defendant had a public fighting record. Thoro wm uo provocation at all. There, wore a number of people, including defendant, defendant's brother, and Joughin, and there was some little dispute about a gamo, when defendant's brother rushed him and struck him on the nose; and Inter, while Joughin was on the floor, defendant struok him in tho fncol This was tbo assault complained of. There was too muoh fighting going on in the place, and it ought to ho put down Charles Joughin, complainant, gave evidence as to the committal of the assault, in which he mated that he had been struck on tho nose by Edmund Woodward and knocked down, Later on the other brother, while witness was struggling on the floor, interfered and struck him in the face, He had, at the request of a frienl of Woodward, agreed to settle the matter upon Woodward paying the oxponses of the ease, but the money had not been paid, At this stage of tho proceedings Mr Jackson asked that a charge of assault agmnßt Edmund Woodward, brother of defendant, bB taken with tho other, It was agreed to adopt this course, Several witnesses were examined, whose evidence went to show that tho attack by the Woodward brothors on Joughin was unprovoked, and also that James Woodward prevented thoso in the room from leaving to folch the polioe. V Constable McGuinuess gavo evidence to tho effeot tbat ho had seen Joughin a doy or two after the fight and examined the injuries he had received. The right ear was yory eoro looking and badly : ' discoloured. This was evidently the result of a violent blow. '

On being questioned by tho Buioh, EdinuDd Woodward said that ho had no statement to mnko.

The Benoh, |in summing up, and in noting the absenco of the first defendant '(James Woodward), said i( appeared evi> dent that ho was afraid to faoe the musio. The oharges wore of a serious character. hut there was an irregularity in the oase, and that'was Jonghiu having tried to first settle the disputo by asking Woodward to pay bis (Joughin's) expenses, Mr.Jacksou, explained that Joughin had only asked Woodward for legal ex* ponsos,

Tho Bench still maintained that it was a most irregular procedure. Having considered the serionsnoss of tho charge, tho Bonch would inllioi a fino.of £5, with costs, or iu defuult one month's imprisonment, on James Woodward, and would j fine Edmund Woodward 12, with costs, or i soven days' imprisonment. The costs, amounting to £4 2s, would be dividod betnoen defendants, Edmund Woodward waa given a week ' to pay the money,