THE ASSAULT CASE.

Gisborne Times, Volume VI, Issue 204, 4 September 1901, Page 3

THE ASSAULT CASE.

A FINE IMPOSED,

Tiik hearing of the charge against George Adams was resumed at the Magistrate’s Court yesterday, before Mr Barton, S.M. Sergeant Siddells prosecuted, and Mr DeLautour (instructed by Mr B. N. Jones) appeared for the defendant. Dr. Craig deposed to attending Mr Cooper, and found both bones of his right leg broken. He had evidently had a blow on the mouth, and there was blood on his moustache. Witness never heard of a

leg being broken from a fall on a flat service. Persons beyond a certain time of life had fallen with crossed legs and broken limbs. Persons who drank heavily on sustaining an injury were liable to develop delirium tremens through the shock to the

nervous system. Arthur John Cooper, bootmaker, deposed to meeting accused in a stable in Reel street. They had words about

money matters, and accused wanted to fight, but witness refused. He was just on tlio point of going away when he received a blow from accused's fist in the

mouth, and ho fell down. While ho was down, accused stood over him, and wanted him to get up, saying “ Come on.” Witness could not get up, as he could not get his foot to the ground. When it was found that he was hurt, accused went with him to the hospital in a trap. Mr Martin, tho surveyor, was with Adams at the time of the accident. He was confined to the hospital six weeks in consequenco of tho injury. Prior to tho accident his leg was sound. There had been no previous ill-feeling. In answer to Mr DeLautour, witness said there were no high words, and Adams did not say that he heard witness had said he would not pay the debt. Adams had paid £ls towards witness’s hospital expenses. Witness saw accused and Mr Gault in

the hospital, and suggested that the money should be paid to Mr Gault for him. Witness had not abandoned his desire to seek civil redress. He had not laid tho information, and did not think that accused intended to do him an in-

William Prince, laborer, Waimata, deposed to seeing Cooper and Adams at the stablo and hearing the dispute about 295. Accused said, “ I will give you a punch in the jaw and cry quits.” Two or three minutes afterwards heard a blow, which brought him out of the room where he was changing his boots. Cooper was in a sitting position and accused standing back a little, telling him to get up. Accused had had drink, but witness did not know whether he was sober.

William Martin, surveyor, doposed to being present and hearing Adams telling Cooper to come into the loose-box. Cooper replied that they would stay there and have it out. Could not toll whether Cooper was willing for a fight. Witness had known Mr Cooper for about 18 years, and considered him a quiet, harmless man.

Donald McKenzie, stable proprietor, stated that he was in his oflico at the time of the accident. Ho heard tho scuffle, and went outside and found Mr Coopor on the ground, the accused being about a yard away. Mr Cooper was sober and accused also.

Mr DeLautour, for the defence, submitted that the easo was at the most one of common assault. No one had contended that tho accused broke Mr Cooper’s log. His 'Worship should deal with the case.

His Worship considered ho would be justified in deahng with it summarily. Mr DeLautour maintained that tho case should be met with a fine, as accused was doing his Best to aid Cooper since the accident. Accused was convicted and fined 410, costs 17s, witnesses’ expenses 45 16s. Mr DeLautour pointed out that tho Bench was permitted to allow half of the fino to go to the injured person. His Worship declined to make an order in the case.