THE CHARGE AGAINST HENRY ANDERSON. HE IS COMMITTED FOR TRIAL.

Evening Post, Volume XVII, Issue 512, 17 May 1879, Page 2

THE CHARGE AGAINST HENRY ANDERSON. HE IS COMMITTED FOR TRIAL.

The case in which Henry Anderson was charged with having assaulted R. C. Easby was resumed tLla moraing before Mr. Mansford, R.AI. Mr Stafford appeared fur the prosecution, and Mr. Ollivier for the defence. Mr. Stafford said he had arranged to tako the evidence of the milkman who picked up the tongs in Easby's garden on the morning after the assault, but as he was not present he (Mr. Stafford) proposed to recall Mr. Easby to prove that he received tho tongs next morning Mr. Easby was then called, and stated that the milkman brought him a pair of tongs on the morning after the assanlt, and said ho had found them in the garden. Those tongs were witness's property, and when they ware returned to him by the milkman they were stained with rust, but otherwlsa they were clean. Mr. Ollivier applied that the cross case might be heard before bis Worship gave his decision in this one. His Worship said that he felt it his duty to commit defendant for trial in this case, irrespective altogether of the cross case. Defendant was then formally committed to take his trial at the next criminal sittiDgs of the Supreme Court. THB CROSS CASE. Richaard Cobden Easby was then charged with having violently assaulted Henry Anderson on the 10th instant. He pleaded not guilty, and was defended by Mr. Stafford, Mr. Ollivier appearing for the prosecution. Mr. Ollivier, in opening the case, said he would bring evidence to show that Easby provoked Anderson to strike him. Henry Anderson deposed— l am a journalIst, residing in Wellington. On Saturday last, ' at halt-past four o'clock, I went home, and after tea I was informed by my wife that Easby J had refused to take his money. I went to Easby's house with my young daughter, my object being to explain that there must be some mistake. I knocked at Easby's door, and he himself opened it. My daughter and myself then went into the parlor. , Mr. Easby motioned me to sit down, but I remained standing with my hand on a table. Easby was standing with his back to the fire facing me, and Mrs. Easby was a few feet away. ,1 put £3 on the table, saying, " I sent my daughter with this money, and you refused it. I desire ; to pay the £2 7s 8d and the charge ot 7s for the lawyer's letter, which has been demandod of me by Brandon k Son." Easby replied, jauntily and offensively, in fact I may say cockily, "I won't take this; you must go to my solicitors." I replied, " The amount is only a small balance of account. I have previously paid you £o of it, and explained the circumstances, arrutiging to give you the balance in a reasonable time. It was not a neighborly thing to send a lawyer's letter for that small amount ; in fact, it was a rascally thing." Mr. Easby was standing with his back to the tire, and I was very close to htm. He apparently was seized with a panic' because my manner was a little excited. I j gesticulated as I spoke, and he bent .down,, lit tod a heavy pair of tongs, and made a blow at me. We were very close together, aad the blow that I received was consequently only a " half blow," but still it was heavy enough to cut my head above the eye and cause the blood to spurt over my shirt, coat, and vest. The j blow made me feel half stupid and dazed, and for a moment I did not know what I was doing. Before I recovered I received a second blow on the top of tho head. This blow also was given with the tougs I put up my left--hand with the view of seizing Easby, bat I <goti a cut across the left hand with the toags I am still suffering from the effects of that blow. I then seized Easby and twisted tho tongs out of his hand with one dexterous twist. I then dropped tho tongs and caught Easby by tha breast with my left hand. We struggled together for a moment, he clawing my face and whiskers, but doing no harm. At that moment, Mrs. Easby, who had been in the room from the beginning of the struggle, which only lasted for a few seconds) 1 struck me several blows on the head with a loaded whip. >i ■> T Mr. Anderson — Your Worship, I have to complain of the demeanour of Mr. Easby, who is sitting opposite me. His manner has been most offensive while I have been giving- thy 1 evidence, and I draw your Worship's atteutiqn to the fact. His Worship— l have myself noticed 'MrJ'Easby's manner. He uotv and again indulges in a very offensive laugh. Mr. Easby— l meant no offbnee, your Worship. Mr. Stafford — He may be laughing at tho ridiculous statements being made by the wit*ness. Mr. Anderson continued— We all throe closed, and whilo we were struggling together I gave Easby three or four taps with my fist. I did not hit him bard, because I knew that if I gave him a blow 1 with all my force I might kill him. During the struggle the lamp fell over and went out, but the room was not rendered dark because there was a fire burning. Mrs. Easby, seeing that her husband would get the worst of the battle, went out of the room for assistance, and I was left in the room with Easby, but I did not take advantage of that. I simply shook him until his boid went about like that of a mandarin. (Laughter.) He then went out, and I, seeing the tongs on the floor, thought that, if I laid an information, they would be evidence that I had been struck with them. I therefore took up the tougs and walked out of the house slowly, not seeing > either Mr. or Mrs. Easby, and indeed by that time they might h ,ye been 200. 0r 300 yards away. When I was going out of Easby's gate i bethought me that if I took the tongs away some charge of larceny might be laid against me. Therefore I laid them down just inside the gate. As I was walking slowly home I saw a neighbour go into Easby'B yard. When I got home, Mrs. Andeh*sr dressed my head and made me comfortable.' My daughter ran out of the room when the row began. I was only out of my own house for eight or nine minutes. I desire to say that on going to Easby's I was absolutely If red 7 from the influonce of drink ; that on returning to my house I did not take any drink, there being none in the house ; but that after getting my head dressed and having a smoke I went out and purchased two glasses of brandy in a small bottle. That is my usual allowance, and I take it every night. I then went homer ' It is a scandalous slander for the New Zealander newspaper to say that my wife told Mrs. Easby that I had gone home and drunk a glass of raw brandy. , By Mr. Stafford— My account with, Easby. had been running since October last. Easby's, terms may be '• cash on delivery," but I know that most tradesmen are glad to get their money within, six or twelve months. Thoy are a long, suffering body of men. (Laughter.) Mr. Stafford— IJid you not get a lawyer's letter from Mr. Fitzherbert. Mr. AndeTson — Yes; but I don't pay much attention to lawyers' letters. (Laughter.) When I owe a tradesman anything I go and pay him. I don't believe iv ttie intervention of lawyers in those matters. I have got the best wife in the world, and she always manages my accounts. That plan ot the rojin in which the row occurred, and which you now produce] is regularly bungled up. How can 1 understand it if you don't understand it yourself ? Mr. Stafford— That's my business. Mr. Anderson — What, not to understand the subject? (Liughter.) When Easby provokud me to say he had acted in a ratcally 1 1 manner, he spoke like a "little cockey magpie with bis head perched on one side." I did not threaten to put Easby on the fire. He stood in front of the fire when he stooped to pick up the tongs. I did not strike Mrs. Ea*by. I must have cut Easby's face with my knuckles. Mr. Stafford— l am afraid I can't get much out of you, Mr. Anderson, so I won't trouble , you any further. Mr. Anderson— l'm exceedingly sorry, MrStafford, th»t I can't gratify your very laudable desire to obtain information. _ . . Caroline Anderson, wife of Henry Anderson, deposed — On Saturday evening last my 4iUSband lett the house, and returned about eight or ten minutes afterwards. His face w*» covered with blood, and so were his clothes. There was a wound an his lett eye, and hi* right eye seemed to be bruised. There were some scratches on his face and both hi* hands were bruised. The skin hal been knocked off his knu-kles, and by his appearance I should say he bad been very roughly handled during his absence from home. On the day after this I went to Easby's house and saw Mrs Easby. I told her that my husband had stated that Mr. Easby had used a pair of tongs to him. I asked her what amount of injury Ea»by had sustained. My husband did not tell me that he bad struck Easby a severe blow with .the tongs. He told me that, hi* blood being"ttp*he bad struck Easby with bis knuckles severely, and was afraid hi wax hurt. I weqtlo Easbyfs to ascertain what amount of damage had Been done to Easby. When my husband came into the house on' Saturday night I asVed tMm what had _ caused his wounds, .and be at once replwjl that Easby bad. struck ihim "with a paJr*oi tongs. Before my husband wenfcout I Wa him not to te.ugtyj be-j

I cause I knew that bo had a warm temper if anybxly Insulted him. On Sunday afternoon I accompanied my husband to Easby's house. My husband said to me, " If Mr. Easby won't settle matters amicably I will pay his expenses." We did not wish the affair to come before the public, ami, therofore, my husband was willing to settle it. After my husband returned home on the night of tbo assault ho had bis usual allowance of bran'y. I may have* told Mrs. 'Easby that my husband had drunk a tumblerful of spirits when he got h<nw; but of course I simply meant that he had poured some brandy into a tumbler, and, having put in some water, drank it. I did not mean that he bad drunk some raw brandy. His Worship here intimated that he would deal with this ease similwlv _to the last. Anderson having sworn that Ea^by began the row by, striking him with the tongs, ho (Mr. Man&mrd) considered that' it was a ca3o which should ba tried by a jury. One of the parties aust have *wotn falsely, ,apd a, jury would have to decide between thorn.' . > Mr. Stafford protested against his client being committed when three witnesses had sworn dnrlng the hearing 6f the previous case that he did not begin the quarrel. His Worship having cautioned Mr. Easby In toe usual nauaer, \ Mr. Stafford said he intended to go on with the case, and csll evidence for the defence. * The case was thpn adjourned Until Tuesday B ith defendants were admitted to bail in their own recogtiisanoai.. t