ASSAULT CASE.

Auckland Star, Volume XXII, Issue 308, 30 December 1891, Page 9

ASSAULT CASE.

CHARGE OP BREAKING A

MAN'S LEG,

At the Police Courb this morningr, before Mr H. W. Bishop, R.M., James Cobley was charged with having on the 25th uit. unlawfully assaulted Josiah Mallet, thereby breaking his leg.

Mr Napier appeared for the defence, and pleaded .nob guilty.

Dr. Lawry deposed that he visited Mallet in bis house in Efiat-sfcreefc, the man complaining of a pain in the ley. He found there was a fracture of the larger bone of the icu, and that there was also a doubtful fracture of the smaller bone. He treated him, and sent him up to the Hospital. Ho thought that the fracture was due to direct violence over the point oi fracture. It might have beon caused by a kick.

To Mr Napier : The abrasion of the skin would not have been caused by a fall on scoria. All he could clearly Hwear bo was a single fracture of the larger boue of the left leg , .

Josiah Malleb deposed that he was a stonemason residing'in Newton. On the evening of November 25th he went to James Cobley's shop and aeked whether another man who was present was a boarder. Accused was drunk at the time. Ho got some abuse before he left the shop. An hour later ho saw the accused atrain in Pitt-street. He rushed at witness and aeked him what he meant by his question when heenterod accused'sshop. Before witness had time to ieply the accused struck him and then kicked him heavily in the left leg, breaking the limb just above the ankle. Then afbar he fell accused rushed at him and kicked him two or three timos as he lay on the ground. Witness' wife spoke to the accused about his conduct, whereupon Cobley struck her twice in the face and cleared out. Witness had been laid up ever since, beinp in the Hospital for five weeks. He did not offer any personal violence to the accused. The iurther hearing of the case was adjourned till this afternoon.