ASSAULT IN A FRUIT SHOP.

Evening Post, Volume LVII, Issue 24, 30 January 1899, Page 6

ASSAULT IN A FRUIT SHOP.

* The adjourned charge against the two Chinese storekeepers, Sing Kew and Low On, of having assaulted Nicholas Fernandos and caused actual bodily harm on the night of the 21st inst., was gone on with in the Magistrate's Court this morning, "before Messrs. R. Mowatt, J. M'llvride, and P. Mackenzie, Justices. A countercharge brought by Sing Kew against Fernandos was taken at the same time. Mr. Skerrett appeared for Fernandos, and Mr. Jellicoe for the Chinese. The evidence for the prosecution was to the effect that after 11 o'clock on the Saturday night Fernandos went into defendants' shop, and after having bought some apricots wanted some sixpenny plums out of the window. ,He saw the Chinaman put in two handfuls of fourpenny plums and then fill up the bag with the higher priced fruit. As he could not get what he wanted he threw the apricots on the counter and declined to take them. Sing Kew thereupon threw a 41b weight at him,' striking, him on the cheek, and Low On threw a smaller weight. Then both Chinamen started throwing bottles at complainant and his wife, and both were struck. Fernandos had not done anything to provoke the Chinamen except throw down the apricots. Several Avitnesses' corroborated the main facts in this statement. For the defence, F. W. Haybittle and F. Townsend gave evidence as to the good character of the Chinese accused. Sing Kew's version of the occurrence in tho shop was that Fernandos came round the counter, picked out the apricots he wanted, and put them on the scales, though witness said he would do it. Then complainant wanted to pick some plums, but witness said, " I won't let you do that. I will pick you the best in the window." Fernandos said, " No," and picked up the apricots and threw them at witness. Then Fernandos picked up a 21b weight and aimed it at witness, who protected himself with the plate of the scales, which it struck and dented. (Plate produced.) Witness's shopmato then went to get a policeman. Fernandos stopped him, and went to strike him, but the Chinaman ran in, picked up a foottle, and threw it at Fernandos. Witness did not pick up a weight and throw it. Mr. Skerrett drew attention to the mark in the plate of the scales. The cross marks were all perfectly equal, and could not have been made by the weight. Mr. M'llvride, J.P., agreed that the cross on the plate could not have been made with a round weipht. One blow would not cause it. It had been tampered with. The Bench, after consideration, fined Sing Kew (the elder of the two) £3, in default two months' imprisonment, while Low On was fined £1 10s, in the alternative one month's imprisonment. They * were ordered to share equally the costs, £2 16s 6d. The information against Fernandos was dismissed, with £1 Is costs.