POLICE COURT.-This Day.

Auckland Star, Volume XXI, Issue 4124, 22 September 1883, Page 2

POLICE COURT.-This Day.

[Bofore 11. G. Seth Smith, Esq., R.M.) The Bacchanalian Train.— Arrival, 10,30 a.m. Passengers, 4. Guard, Constable Mitchell. Fare, us each.

Assault—William A. Smith was charged with assaulting Alexander James Campbell on tho lGth Sept., at Richmond Road, I'onsonby.—Mr Tolo appeared for the informant, and characterised tho assault as wanton and unprovoked,—Mr Cotter appparpd in, defpnee, and pleaded not guilty. —The evidence was then taken. James A. Campbell deposed that ho was a farm and da\ry keepor. Ho was walking in Richmond Road on Sunday afternoon in company with another person. Defendant walked across the road and said, "Are you as good a man as you were yesterday ?" and challenged him out to fight, saying, " You and your brother ! arc rogues." Ho threatened to hammer him. Ho told him it was Sunday, and he was not inclined to. tight. He soeincd as if ho was going away. He thon returned and gave complainant four or fivo heavy blows on tho head and faco until ho was covered with blood.—Cross-examined by Mr Cotter : jaevpral days previously Smith asked complainant if he know anything about a whip he had lost. Told Smith lie knew nothing about it. He told him to clear out. He would not go. He put him oi\t.—Job Oibbs, a bakor, did, not distinctly hea,r what passed between Campbell and Smith, He \yas a^t a distance, but ho saw Smith give Campbell two sharp Wows in tho face. Know nothing about tho whip. Ernest Andrews was passing at tho time, and saw fivo blows struck and blood streaming down Campbell's faco. It was close by Sackvillestrect.—Win, Arthur Smith, a carter, gave a long account of the affair, and stated that it was all through tho whip, which was in tho possession of John, Campbell ;it was his whip; fthd when lie inquired abqupt., the presont complainant caught hnn by the collar and put him through two feet of mud ; also, that complainant sot down liis oans and struck the first blow ; which keenly brushed his oar. This was the evidence.— Counsel addressed the Court, and His Worship considered that there was some provocation; still the assault was committed. —Smith was fined 10s, costs £3 17s, This was all the business.