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[Before Major Steward, and A.' Hnrruuta ■ .. • Etq?., J.Kk.]-:;:.;;rt;';-"-> "

ASSAULT* ;>,,(. ;_ i. t _- t ..n'j ' ' James Gill, -was charged with assaulting John Henry Leek... He pleaded, gnilty, but the Bench decided to hear the "evi--dence.— --- — . -_ John Henry Leek (an old "man 6f~76 who was much bruised about the face) said that he was a cook working at Chatmoss. Was stopping at the Commercial Hotel on Saturday last. Went to bed a little after 11 p.jn. tHad"taken r6ffhis c<fc£aM boots, and was lying olii the ibetl smoking, and in .about ten minutes-or a quarter of an hour the prisoner came in.' ThereffirereiJsjro other beds in the": room. •. After coming into the room prisoner went to the. water-jug. Witness asked-him if he wanted a drink.: Prisoner then jumped upon witness and he be became insensible. Saw prisoner pick:up\aib~oot before he lost consciousness. When witness went to bed there .was; nothing! L the matter with him. Came to himself afterwards when somebody came into-the room. Was then. bleeding from the face. On the following morning (Sunday) saw ■ a poUcetnanj; irho recommended him. to go to a doctor., Went to Dr Tweed, who prescribed for him. > Had suffered since Saturday night from shortness of breath.,- Witness's face was riotTnruised when he lay down on^e bed; it was bruisedi when he came, to himself after being unconscious. • Cross-examined; by prispneiwYojij came to my room about 10 mintutes or a quarter past eleven. It "might have .been pasfc. lam 'certain^you/struck me.-irith the boot, r . ,' ■• :-.. wV „ T;^-?. John Henry r landlord of the Commercial hotel, deposed that; on Saturday night last Miss Henry asked Kirn &„ go- uprto room Noi 30, as there was a noise there; This was about half-past" 11. . >Went up and found ,tlie room'in darkness. ,:.Gbt a candle and, saw accused, Gill, lying in bed. The old man-Leek was lying on the /floor. He: seemed.sfcunned, and : was bleeding from the face, at the. mouth, and ati the eyes.. Had.seen him previously abbutflO o'clock. There was nojbhing the ' matter with him then. He had then no injury .to his. face, and seemed all right. He had !had some drink,' but was .capable jai (walkr ing up-stairs.^ Picked ,him up;«nd put him* "'to beef/ Asked* him' how; it had happened that he had been hurt, and he replied'that'Gill' had struck him with a boot. Prisoner made no remark. Told Gill to clear out of the house';; and! Ke}got up and dressed himself and rushed d«Swn stairs. Witness let him out at the frdht door. He (Gill) was sober enough.;^He was quite sensible of what he:was doing. After he was turned out he commenced kicking at the door. Leek remained in his bed till the following morning.' Witness then saw him and found that his face was a good deal swollen. ' He had been staying in the house a week, and witness found him a very quiet, inoffensive man.

To prisoner—l came up to the room at half-pasteleven.

Prisoner having been cautioned in terms of the Criminal Evidence Act elected to give evidence on his own behalf and being sworn said : On the night in question, being Saturday night last, I went up to bed between'l2 midnight and 1 a.m. Ido not know the number of the room.' There was one man in the 'room. I believe ifc was the old man (Leek). I don'tl remember strikingjhitn nor anything that occurred till Mr Henry came up and ordered me out of the rbom:.r.iici iij^

Cross-examined— l saw Constable Snterfc outside the billiard rooni "after 12 o'clock. He spoke to^ me. He has since told me that* he 'saw 'me^tfiat'lniglit; -affcSr 12 o'clock. When Mr Henry told me to leave the hotel! tfeht/'**SjWr:Smart before I went to bed. Was very drunk before I wenfcfto theJiouß&<, 'mV^"rr'~"r7' ■*- 'Major Steward Mid'itHrks i f <j!eirto the Bench that, accused had, while under the influencetpl'KquOir / >(|rhich was no excuse for the act) r committed a most unprovokedand br^taP^teslu^updK«/t«ry old man~. : As he, fpriß6herihadonlylaaay or two before been discharged -fromlgaol after serving a sentence of/a mont^for a similar offence, it was" quite fevidenfthat he was addicted to that Bortiof-;thing, and needed]to be■ dealt withjwv^r^ly.n-The heaviest punishment the Bench 'was able to impose was, he'was' sorry to say, two months? hard, kb^, wUchfjoulfJ^be the sentence ni this'easel^ r " v L .JM/mir. The Court thenVose;-' <'-" j/in** *

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MAGISTERIAL, Ashburton Guardian, Volume XIV, Issue 2431, 3 June 1890

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MAGISTERIAL Ashburton Guardian, Volume XIV, Issue 2431, 3 June 1890

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