SERIOUS ASSAULT

Evening Post, Volume CVII, Issue 27, 1 February 1929, Page 12

SERIOUS ASSAULT

MAN HIT WITH BOTTLE

FRACAS IN A HOUSE

In a fracas in a liouso in" Cuba street on Friday night, it is alleged, a man was hit on the head with an empty bottle. - ..'.'-•''• A special sitting of the Magistrate s. Court was held before Mr. E. Page, S.M., at the Wellington Hospital yesterday, to take the evidence of the complainant, whose condition is still serious. Chief Detective Ward/ prosecuted,and Mr. B. "Waterson, on behalf of Mr. W. E. Leicester appeared for the, accused, James Smith, a labourer, aged .23,' who was charged that, with intent to do grievous bodily harm he 'did actual bodily harm to John Leaf. The, complainant, "John Leaf, who hardly spoke above a whisper throughout, said be was a ship's fireman and had left the Ruapehu at Auckland. He came to Wellington and went to stay at Mrs. Perry's house at 212, Cuba street. On Friday last, after tea, he went down stairs into the dining-room, where, for a while, ho played the gramophone in company with a girl who was stopping at the house. Later two men, who, were strangers to him, came to: the house. ■ He could not remember their names, but one of the men was darker than the other^ ■ They brought some bottles' of beer. During the evening, Mr. and Mrs. Perry, the two ' men, the girl, another man, and witness were, about the diningn'opm, and witness was', jazzing \yith";: the girl. The evening was spent quite pleasantly until 11' o'clock., Some of-the beer had been drunk. About 11; o'clock the fair man said a toast. Witness said he was aMaori in- sonio places and- an Islander in others, and the toast- had something" in it about, Maoris.;■'■• The man said the toast two or. three times, and witness told him 'to cut it out. Mrs. Perry said to witness that, one of the men did not like coloured men, and objected Ho/ drinking with:them.. There was 'an. argument over the toast, and witness; got up' from his seat to hit the man who made it. Witness could not.? say for certain whether he hit the man, or not, for ho was, struck on the back of the head with a bottle, the man who did the striking .being- behind him. Witness said he knew it was a bottle: because ho heard it smash. 1 Ho turned around, and Mr.: Perry said, "You hit that man with a bottle." As this;was said, witness just about went' down. It was-, not the. man who made the toast, but • the other man, who ;Was behind / witness and used the bottle. When witness turned around he saw some men getting another bottle, so ho. tried to hold, himself up and then: tried to get hold of the man. "I went down to get hold of him," continued the;complainant;t"but I was '. .that groggy. ill the legs that ho pushed me over into the v corner.. When ho pushed mo over he got on top of me." '/The complainant then detailed the struggle which took place : on the floor, and continued: "We both got up. I still had bold of him by the■ collar, and I, said, 'Are we going to finish it now?'" The complainant said' he could not re-" member very 1 much after that, but lie did not sec the man who proposed the toast after ho went to '..hit him. Mr. and Mrs. Perry, the girl, and a man :whose. namd he did not know were in .the room after he .was hit with the bottle. Ho could ! not remember the ambulance coining, but he could remember a hit about his head being washed, after ho was hit, It was an empty beer hottlo with which he was hit, and the complainant pointed to the accused as the man who had hit him. The .complainant said he had nqt."provoked: the^accused in any way. I They. had had the argument, but witness, ''did'"not say anything to offend him. Witness had not hit the accused or tried to hit him, but ho had tried to hit his matei The complainant said he, was 28 years old. Croes-oxnmined by Mr. Watcrson, tho complainant said that tho Pcrrys had had some beer to themselves before the men canto iv, but witness had not had any 'of that beer. Witness, told Mrs. Perry that he did not like the way tho'fair man was .looking at him, and it was after that that tho fair •man mado tho toast..,Tho accused had Mid him that nothing •■ was. meant by tho toast, and witness had said "I am a stranger in this house, and I do not like this talk because of the women." Tho fair man had replied: "It's all right; it's a boozing party." Witness said ho did not turn round to faco tho accused beforo being hit, nor did he go towards tho accused with his hands; up. ..After ho was hit on tho head witness said ho had enough sense to turn round, and when ho did so, ho saw tho accused picking up another bottle. Ho had only had two or throe glasses of beer. To the. Magistrate, tho complainant said that ho could not say how many drinks tho other two men had; thoy had a few. He • wag igoing to hit tho fair man with his hand. Aftor the complainant's evidence had concluded, tho case was adjourned until 6th February. Bail was not asked for. „ ■ ' '• . "... ■•■ -• - -■■■'.'