ALLEGED ASSAULT.

Auckland Star, Volume XLII, Issue 136, 9 June 1911, Page 6

ALLEGED ASSAULT.

» TRE ELLERSLIE CASE. LABOURER'S DOMESTIC TROUBLES. ACCUSED COMMITTED FOR TRIAL. What is commonly known as the '"Ellerslie assault case" was heard at the Police Court this morning before Mr. E. C. Cutten, S.M., after many adjournments, when Wm. Sherry was charged that at Ellerslie on May 11 he assaulted Martin Monaghan, causing him actual bodily harm. On the night of the 11th, Monaghan, a draper, residing at Ellerslie, was found lying in an unconscious condition, and had to be taken to the hospital. Tho accused voluntarily gave himself up to the police next morning, and was charged with assaulting Monaghan. The accused, a labourer, a quiet, respectable man, of big build, was represented by Mr. J. R. Lundon. Mr. R. A. Singer watched the case in the interests of Monaghan, and Sub-Inspector Hendrey conducted the caso for the prosecution. ASSAULTED MAN'S STORY. Martin Monaghan, who has now almost recovered from his injuries, gave evidence that on the date of the assault, some time in the evening, the accused's wife was sitting down in a scoria pit near Ellerslie. Witness was with the woman. Sherry came up and said, "I'll kill you. You with my wife, I'll kill you." Witness was still sitting down, and did not get up. Accused punched him all over the head, bashed his head on the ground, caught hold of him by the throat, and nearly choked him. Mrs. Sherry tried to pull accused away, and accused hH her. That was the last witness saw of Mrs. Sherry. 'Accused went a little way away, and witness was in a dazed condition. He remembered Sherry coming back, and kicking ihim in the side, when the rib was broken. .Witness did not remember whether he called out, but he had a dazed recollection of getting up. He next remembered arriving at a chemist's shop. He could just see out of one eye. He dimly remembered being taken in a cab to the hospital. He was not better yet, the rib paining him at night. MOKAGHAN'S Dx "Walliam Gillies Borrie, junior houseBurgeon at the Hospital, gave evidence that Monaghan was admitted to the hospital at 11.45 p.m. on May 11th. Witness saw him on admission, and had him .under his care until May 27th. When Monaghan, was received at the hospital his face was bruised and swollen practically all over. Both eyes were bruised, swolletr and discoloured, and the right eyelid 'was cut Both lips were swollen and bruised, the lower one bearing an abrasion inside. The nose was fractured. There were five serious wounds to the scalp, one of them extending to the skull, and the outer bone of the skull was split off. The seventh rib. and the left thigh were fractured, this being later corroborated by the N. rays. Numerous bruises were on the arms nnd body. All the injuries were practically due to direct violence. Sub-Inspector Hendrey: Could the Tib have been fractured by a man kneeling on the injured, man's chest? —Yes, a big tve-ight on the chest would do it. Continuing, witness said the injuries Were very severe, but not dangerous to life. The injuries on the face weTe such ns could have been caused by blows from a clenched fist, but the injuries to the skull could not have been caused by a blow. They could have been caused iiv a blow from a piece of Took, or by beating the patient's head on a rock, but from appearance witness did not think they had been caused by this means, there not being sufficient bruising. In the opinion of witness they were caused by a hard blunt instrument. The patient was at no time in danger of losing Ms lifte, although the injuries were very severe. Constable Sherman, in charge of Ellerslie Police Station, gave evidence that a little after 8.15 p.m. on the 11th May he saw accused on the verandah of the Ellerslie Hotel. Witness had a conversation with him. Accused was quite sober, but looked a bit troubled. He told witness that, he was getting on all right, but. asked how " the missus " was, said, " Not all right." DOMESTIC TROUBLES. Witness had known about Sherry's domestic troubles, and Shexry went on to say he had come home from work and found his wife absent. An infant of about six ©r seven months was left in the citiTe of a -child of six. He continued and said he'had had to get his own tea, and put the children to bed, and. then bad come out to look for .his wife. He said he was going to take a tram, to Newmarket, and look for her there, but as witness had. seen Mrs. Sherry going along Panm-ure-road, in the direction of what was known as <the scoria pit, he advised accused to go in that direction. Accused went, and witness accompanied him for some distance, and pointed out w.here he had seen Mts. Sherry, about 4 p.m. Knowing that the woman used to drink a little, witness thought perhaps Ehe had got the worse for liquor, ana pone inside a fence and sat down. "When they had gone about 150 yards past the spot where witness saw her crossing the road, accused said ,"I'll have a look in here," and went into a patch of scoria, scrub and trees. Accused was to meet witness about 400 yards further along the road. A WOMAN'S SCREAMS. Witness had got about GOO yards away when he heard screams, like a woman's, and went back. About 50 yards from where accused left witness lie met him again, with a woman's 'hat in his hand. He told witness he had found his wife, and said "That black was with Jier." Beyond that expression he did not mention names. Accused's sleeves were turned up,-an dthere was blood on his arm, up to the elbow. ACCUSED LIKE A MADMAN. Accused was like a madman, and said he had given the man a hiding. Witness had an idea who was referred to, and asked where the man was. Accused took him into the scoria and said, "There lie is, there." Monaghan was lying amongst boulders and stones, with his head down in a hole. His features were ?o battered that witness could not recogihse him, and asked accused who it was. Witness had struck a match to see the man. Accused said it was Monaghan. Accused had a half bottle of beer with him. and said he had taken it from the man and his wife. Monaghan was senseless, and accused assisted in carrying him up on a bank. Messengers were then srpr for a doctor, aud the man was brought to the hospital. The next morn. jjr.. ,i -r.-ed voluntarily accompanied wit - to the police court, where he was chai ;e'.. r' ;' inspector Hendrey: You didn't arrest him?— No. I suppose a little of your sympathies were with the iman in tho dock?— Yes, 1

Mr. Lundon: Accused is a very quiet man ?—Yes. This man (Monaghan) was the cause of some domestic troubles? —Yes. Accused reserved his defence and pleaded not guilty. He was committed to the SupTeme Court for 'trial, bail being allowed in a surety of £50.