GREY MAGISTRATE’S COURT.

Greymouth Evening Star, 1 July 1912, Page 2

GREY MAGISTRATE’S COURT.

MONDAY, JULY Ist, 1912,

(Before J. G. L. Hewitt, Esq., S.M.) DISORDERLY BEHAVIOUR Charles Tanner, a- first offender,’ was charged that on the 29th clay of June, 1912, at Uuno!lie, ho was guilty of disorderly behaviour in a public place, to wit i the platform of the Dunollie railway station, while jn a state of intoxication. Constable Carroll, the,arresting constable, gave evidence in support of the charge. There was no appearance of the defendant, .who was fined 10s. or in default 48 hours. A NOMINAL FINE. The Inspector of Factories said that in the case against J. McCarthy, the amount of the wages had been paid in and he, therefore,' asked the Bench (o inflict a nominal fine for the breach. The Magistrate inflicted a penalty of 10s. A SERIOUS CHARGE. Joseph Watson was charged that on June 10th, 1912, at Greyinonth he did assault Howard Davis so as to cause him actual fcodily harm. Inspector Phair prosecuted, and Mr. Joyce appeared for the accused. Charles Rugg, express driver, living in Hospital .Street, Greymouth, remembered the 10th June. .Between 8.30 and 9 p.m-, he saw accused and they had a drink together at the Caledonian Hotel. Knew Howard Davis, who came to the hotel a few minutes afterwards. Watson was not drunk. Davis spoke to the accused but witness did not know what ho said. Watson and witness left the hotel together, and Davfis followed. Nothing was done by Davis. He (the witness) asked Watson to go down the street. When he got to the door Davis made a hit at Watson. He could not say whether Davis actually struck him. Witness then went away down the street. To My. Joyce : He never saw anything done by Watson to provoke Davis to make a hit at him.

Howard Davis, billiard-room keeper, residing at Cobden, said he ’“’numbered the night of June'lOfh. He was in Grey mouth and say accused several .times, in the-first instance in the Albion. They had ’ a few words. That ,iyas 1# ,the afternoon. He saw ‘the accused again ' at night in the Caledonian Hotel between eight and nine o’clock. H# had met accused in the Albion previously and had had an argument,. but there were no blows ,struck. The argument was not with the accused but with another man and' accused .interfered, S' Watson left, the Albion first and' witness went out after him and saw him in the Caledonian. Nothing -happened i there. As soon; as Witness.’ went 5 Itt .jjaecused-: went out. There, were no blows struck iusidewor outside. He did not recollect anything that happened until next morn-

ing. Watson left witness when they got outside. Witness saw him aboVt three minutes after when lie tackleM witness witli something in his hand. The first blow missed witness, who rushed him. The thing in accused's hand was about 3ft. long. He could not say whether it was accused who. struck him. lie remembered nothing] more till about 4 a.in. the next day at, home in. bed, with-a. sore head. He' was attended by a medical man for. about ten days. He felt all right now. He never gave accused any provocation to “do that”to him- He had been good friends with accused until just recently. To Mr. Joyce : He had had several arguments with accused on the 10th early in the day. In the evening lie saw accused in the billiard room. The. argument recommenced and as a result, witness followed accused round the billiard table but did not catch 'him. Accused then went out and witness followed him to the Caledonian. Watson walked out of the Caledonian when witness went in. lie never attempted to strike accused .as lie was going out of the Caledonian. Witness went outside and remained on the footpath. He was not hit before ho rushed Watson. Witness could’nt say what happened after he rushed the accused. , ~ , Sydney Arthur Coburn, -wharf labourer, Preston "road, Greymouth, stated that on I he night of the 10th he was working at a railway truck opposite the: Caledonian Hotel, swinging timber. About 9 o’clock a couple of men came out of the Caledonian. Ho saw a bit of a scuffle. One man struck the other man just off the footpath

ilio bigger man of the two fell. He did not know either of the men, only from what he was told afterwards. The other man ran away for about five or ten yards. He saw the smaller man get a bar from across the street and replace it behind a telegraph post. The bar produced in Court was not Hie bar he saw placed behind tile telegraph post. To Mr Joyce: There were a couple of dozen people about in the street. He went 10 see if his bike was safe when hp saw the bar placed behind the telegraph post. It was a lighter bar than the one produced in Court.

Arthur Watson, linotype operator, said that about 9 o’clock on the 10th inst he saw accused come across the road with something in his hand, which looked to bo a bar of iron of some description. The accused went up to Davis and made a smack at him, which appeared to strike his arm. He then made a second smack, and Davis fell down. It seemed to witness, that Davis was struck on the head. Accused then walked back to the other aide of the street. Witness beard accused say: “I’ll hit him again if be gets up.” Davis jay on the road for a while, after which he was assisted into the Caledonian oHtel. To Mr Joyce: He was not prepared tf? swear it was a bar of iron accused bad in his hand. It appeared to witness to be i bar of iron. About eight or nine people were about at the time. He did not see whether the blows actually struck Davis or not. Davis fell all the same. Davis lav on the road for two minutes after he went down. Two men picked Davis up. He thought that the accused'Watson came out to Davis with a glass with something in it. Witness had a good view. There was a good light. He could not say for certain that accused brought out the glass.

Donald Forbes, a labour foreman on the wharf said ho was working the steamship Breeze loading timber opposite the Caledonian Hotel on the night of the 10th. He saw a man come across the street to a truck and pick up a crow-bar. The man recrossed the street and made an attempt to hit Howard Davis. Davis walked out to meet the man who struck at him. Davis warded off the blow with his arm. Another blow struck Davis either on the shoulder or the . head. Davis fell and lay on the road about five minutes. Witness thought he was assisted up after which Davis walked into the Calpedonian Hotel. Witness knew accused Watson, but was unable, to swear that it was the accused who pikccd up the bar from behind the trucks. To Mr. .Joyce.—Davis came out on the load to meet the man with the bar. Fair force was used in the striking of the second blow. After the first blow on the arm Davis rushed in. Moses Bradshaw, foreman Government Railway workshops,) said that on the night of June 10th he saw. Davis between 8 and 9 o’clock p.iu. leaning against a verandah post at the Caledonian Hotel. He appeared to be intoxicated and had blood on the left side of his face. Witness asked him what was the matter with him and Davis said “I’m all right.” Witness said, ‘‘You had better come in and have a wash.” Took him into the Caledonian Hotel and assisted to wash his face. Davis had'a black mark under the eye and blood came from his left ear. Witness afterwards accompanied Davis home in a cab. Davis' sai<l lie did not feel well and did not know what happened him. Witness saw nothing of the alleged assault. Jas. Wilson Moßrearty, medical practitioner, residing in Greymouth, stated that on Tuesday afternoon of the 11th of last month, he was called to Cohden to attend Howard Davis. Ho examined, him and asked him what was the matter. Davis replied that ho could not remember anything from 9 a.m. on the Monday till 4 a.m. on the Tuesday. Davis complained of severe pains in the head; and had unconscious lapses on one ’or two accisions, and also bleeding from nose and left ear. By * examination witness found a contused wound above and behind the left ear; in a superficial line with the ecchymosis, and by i ■ indies wide. The nature of the i injuries to,the head wereisuch as could have been, caused by the instrument alleged to be used. Davis was now out of danger and witness did not anticipate any bad x-esults now. The Court then adjourned at 1 p.m. till 2 p.m, t f 1 AFTERNOON SITTING. The Court x-esumed at 2 p.m. Constable W. J; Nixon gave evidence as to arresting accused on warrant on the 12th, of last month. Told him the charge and accused said -‘lt’s bad luck for me; if “Tim” gets all right I don’t mind.” ? : This concluded the case for the prosecution, V i I Mr. Joyce asked if the charge could not be altered to orie of common aa-

sault. The circumstamjHs were* that the. accused had been iAuvoked; the evidence of Davis accused tried to get away froif «[vis and .that the injury was only one. The case was not one to gbi to a higher court. •, ; .;T -• ■! C, 'the Magistrate said it was hot a correct principle for him to reduce the charge to one of common assault, and, thought in doing so he would be going-beyond hjs jurisdiction. In face of the evidence, it ’>«hu*LsiOt be proper for him' to do so. The accused pleaded not guilty- and reserved his defence, i Accused was then committed for trial, bail being fixed at self £IOO and two sureties of £SO each.