CHARGE OF ASSAULT.

Auckland Star, Volume XX, Issue 137, 11 June 1889, Page 5

CHARGE OF ASSAULT.

MESSRS BAUME AND GLEESON IN COURT.

A'CASE of more than usual interest came on for hearing at the Police Court this morning before Dr. Giles, R.M.

Frederick Baume, solicitor, waa charged with having assaulted Patrick Gleeson, licensee of the Albion^ Hotel. Tho assault was alleged to have been committed in Messrs Dignan and Armstrong's office, Vulcan Lane, on the 3rd of June. A second charge was that of using threatening language.

A counter charge was laid by Mr Baume against Mr Gleeson. The information in the first charge was as follows : " That you, Frederick Baume, on the 3rd of June, at Auckland, did unlawfully assault and beat this informant, Patrick Gleeson, by seizing him with both hands and pressing him against the jambs of a door." Mr Theo. Cooper appeared for the defendant and pleaded not guilty. Mr G. N. Brassey appeared for the complainant. The Bench suggested that the three charges should go on together, but Mr Cooper preferred to take them separately. Mr Brassey in opening his case explained that the complainant and defendant had been considerably thrown together recently, in consequence of Mr Baume being engaged as solicitor for his uncle Mr Ehrenfried, in taking accounts in the case of Ehrenfried and Gleeson at the Supreme Court. The assault was unprovoked by the complainant.

John Mitchell, architect, Auckland, produced correct plan of top landing of Messrs Dignan and Armstrong's office. Patrick Gleeson deposed that he was licensee of the Albion Hotel. On Monday the 3rd of June he was in Messrs Dignan and Armstrong's office. Witness was standing in the passage alongside the door. He heard a man coming up the stairs, and he saw it was Mr Baume, Witness did not move. He heard Mr Baume say, " Let; me pass," and before he could do anything he was seized with both hands and pushed against the jamb of the door.' Witness then turned and threw Mr Baume away from him, and Mr Bavime at once went into Mr Dignan's office. Witness followed him and said, "Mr Baume, this is the second or third time that you have assaulted me, and now 1 shall summons you." He replied, Go away child, go away little boy." Witness said, " I shall certainly summons you." Mr Baume replied, "If you don't go out of this I'll raise my foot to you." Witness said, " Come outside and raise your hands to me like a man and I'll defend myself." "Witness had not been trying to block up the doorway. There was room for the biggest man in Auckland to have passed him where he stood in the doorway.

By Mr Cooper : The trouble took place shortly after the licensing meeting. Witness had a very good temper. He did not lose his temper after the Licensing Court. Mr Baurne did nob ask witness to let him pass. Witness did nob reply that he would nob move for him. Mr Baume had been trying to get witness to commit a breach of the peace for the last 12 months. Mr Baume did nob tell witness " Don't talk like a child."

Mr Cooper asked : Were not some of your hotels affected by the action of the Licensing Committee that day ? Mr Gleeson : What's that got to do with it. Some of Mr Ehrenfried's hotels! were also affected—perhaps that had told on Mr Baunie's temper.

W. H. Armstrong, solicitor, deposed that after the assault Mr Bauma came to him and said, '' I don't wish to figure in a Police Court case in these proceedings. It won't do me any good. You might see if he is going on. If he won't drop it, I must issue a cross summons." Witness saw Mr Gleeson, bub he would not stay proceedings. Witness had business relations with Mr Gleeson for the lasb 18 years, He should consider him to be a hob-tempered man but had it under control. He thought bhab Mr Baume was anxious that the matter should nob proceed any further. Walter Dignan deposed that he was siibing in his office aboub 1.30 p.m. on. the day in question, when he heard a slight scuffling in the passage. The door opened, and then Mr Baume came into the, room, and appeared very excited. He sat down and said, " What about the Clanricarde ?" Gleeson then came in and said to Mr Baume, "Come out, man to man." Mr Baume looked at witness, and was apparently agitated. He then said to Mr Gleeson, "Go away, little child; go away, my little man; go away and play." This seemed to excite Mr Gleeson. Mr Baumo then turned his back on Mr GJeeson, bub that genblemsra said, "You have raised your hand to me befere, and I dare you to raise ib again." Mr Baume replied, "If I raise anything to you, it will probably be my foob." Mr Gleeson said, " Dignan, you heard that V Witness saw no laying on of hands. Witness should consider Mr Gleeson a hob - tempered man, though he was often good tempered.

Mr Cooper then opened the case for the defence and contended that the whole affair was of a trivial nature. Frederick Baume, barrister and solicitor, deposed that he went by appointment) to meet Mr W. Dignan. When witness went upstairs and saw Mr Gleeson standing with his arms akimbo in the doorway. JSe asked to be allowed to pass. .Mr Gleeson did not move, so witness pushed b^m aside bub did not use) much forco % Witness then entered the. office o;nd took his seat. Mr Gleeaon followed.and asked him to oomo outside like a marij Witness replied, et I am talking business to Mr Dignan, run away andpplaty t be a good boy." Mr Gleeson seemed angry and said, " I should like to see you raise your handa to me," Witness replied, "I am nob likely bo raise my hands to you ; if I- raise anything it will probably be my food, Witness merely wonb to Mr Armstrong as he did nob wish to have auoh a oase ugainab him at the police. If Mr Glteson withdraw his charge, witness was willing to withdraw the cross summons, Mr Cooper, eald, that) ha haa, another witness, J

Dr. Giles said that he did nob want to hear any more. He waa quite satisfied as to the trivial nature of the oase. There was little doubt but that the case had been greatly exaggerated by the informant. No doubt defendant, technically, waa not justified in laying his hand upon complainant, but the whole" thing appeared to be of a trumpory nature. The information would therefore be dismissed.

The other charge and the cross summons were withdrawn. No order waa made as regards costs.