ALLEGED ASSAULT.

Auckland Star, Volume XVIII, Issue 267, 12 November 1887, Page 8

ALLEGED ASSAULT.

CIVIL ACTION* EOE DAMAGES,

At the Police Court this morning, before Mr H. C. Badcleloy, K.M., a civil action was heard in which John Clifford claimed the 'sum of £25 damages for a violent assault on the high seas, alleged to have teen coinruifctecl by Chief Officer Stewart, of the steamship Wainui, on the 28th October. Mr \Y. J. Napier appeared for the plaintiff and Mr H. Williamson for the defendant. Mir Napier stated that the circumstances of the case' were shortly as follows: —The assault was a very violent one, and was so brutal in its character that the pjaintiff was rendered unconscious for many hours in consequence of the injuries received, and was unable to leave his berth for three days. It appeared that the defendant was a passenger from Suva to Auckland. The steerage fare was £5 10s,and the plaintiff being short of money \va3 permitted by the purser to pay £3 15s of this sum and entered into an arrangement to assist the steward in waiting at table ill consideration that the balance was remitted. After getting to sea, on the 28th October tin plaintiff was sfcandiii" , ah tho deck and was laughing at fiomefching when the chief* officer passed. lt> appeared that the . chief officer was under th,©- impression that the plaintiff was a jstowaway, and for some unexplained reason he came up to the plaintiff deliberately, and without saying a word struck hijn a most violent blow on the temple. THe plaintiff" was picked up out of a pool of fjlood; on. the deck and conveyed to his bejbh. Mr Napier submitted that if these facts were proved the plaintiffwould be clearly entitled to the sum of £25 claimed. Evidence was given by the plaintiff in support? of~>this statement and he cross-exaft>lne4 by Mr Williamson. He had not a vpry cl4ar recollection of what happened on the My in question. He was ■ast beastly 7 drunk r, and rolling about the deck* but hate had five or six glasses ' ■ of schnapps., Iso wks not using disgusting lanSvla , "- 3before; ladies, but would not swear \*. that usecf provoking language to- ** wariisthfeaate. Didnitafctempttostrikethe mate wM-M. The truth 'of the matter was not that tM , mate pushed lim aside in self defence, i&at he fell down in a drunken state ' and - MrlHv Willianfeoninow raised the question^lvhetlier the , Com%. had any jurisdictheassacfJfc,having occurred iimdo tlie liimfo|o'f the ccilony of i n iji. Ndpiei" expressed...surprise tliat any • .-■objection of tßLsikind hadlbeen raised, and * ; coutended thafcla persofiikl action of this character cguldpe biOugiiUbefore any court ' ii3:ti»eißritishitici»iiaii|&)3. \ Hie SVqiahip inled that the Court had |be %.se proceeded. • George Dale, fifeman on>the Wainui, deon the 28th' insfc. he saw plaintiff lying .^edttlit"'l';.-!, bleeding the face. Witness put plaintiff on ins fept, and thesecpnd jjlx'wurd fcooi; h'iW below. Jn cross examination wi&nesb . miH the plainLiiT was found jying with hi; -*'.'' oq near a small brass coverin" , on the deck. T|i3 ; plaintiff was under :l>no influence; of liquor, but was not unconscious'. Boberfc Garluv/, deposed that ho was on the Wainai on the 28th, but did aiofc sco tho t&it&o that was supposed to , have taken i/r.iciL , '- ■ . ... . : Henry Walker;," fmraer, did, not see the assault, bui saw felood on the plaintiff's faeb on the 28th October. ■ Br. Wilkine gaVee«|dencoas to the plaintiffs injurieS. He, fcboiighfe a hard knuckle, a ring or tho cornet pf a box: would have caused the woujw3,. ; . the defepce waf given by <i_ chief officer that, gave pro-

vocation on two occasions, and that the plaintiff sustained his injuries by falling on the deck while- in a state of intoxication, and another -witness deposed that on the day afterwards the plaintiff said he did nob remember what had happened.

His Worship found that the defendant acted in self-defence, and therefore dismissed tho case, with costs.