MAN'S LEG BROKEN

Evening Post, Volume CXVI, Issue 143, 14 December 1933, Page 24

MAN'S LEG BROKEN

CHARGE OF ASSAULT

Pleading not guilty in the Magistrate's Court yesterday to a charge of assaulting Clifford Baxter so as to cause him actual bodily harm, Benjamin Kirkbride was committed by Mr. E. Page, 8.M., to the Supreme Court for trial. Bail was allowed in the sum of £25 and Kirkbride is to report daily to the police. Senior-Sergeant J. Dempsey conducted the'prosecution, and Mr. W. E. Leicester and Mr. T. P. McCarthy appeared for Kirkbride. In- evidence, Baxter said that he was a' tailor and that at the time of the alleged offence he lived in a house in Tinakori Road. On the evening of August 26 he returned home to find Kirkhride, who was a stranger, and a man named Wilson, who lived there, in the passage of the house "kicking up a fenrful din." Both men were drunk, and they were trying to unlock the door of a room. Witness helped them to do this and assisted them into the room. When they got there Kirkbride kicked him on the leg, and when witness fell down he jumped on him and punched him. Baxter said that his leg was broken, necessitating two operations and three months in hospital. Other evidence was given by Janey Baxter, wife of the last witness, and by Constable A. T. Cleverly. Robert Wilson gave it as his opinion that Baxter slipped and broke his Jeg through a "pure accident." Ho saw no kick. _^___^^^_^^^_