ALLEGED ASSAULT ON A CHINAMAN.

Gisborne Times, Volume XXVI, Issue 2119, 19 February 1908, Page 1

ALLEGED ASSAULT ON A CHINAMAN.

K. C. BROWN IN TJIIS I’OLIOI'J CO LET. COMMITTED FOR TRIAL. , At the Police Court yesterday llio on.so in which Ttobe-rt Charles .Brown is charged with having on January loth ansa-wllted Oiling I’oo so .ns to onuso him actual bodily harm was proceeded with, alter having been adjourned on numerous occasions owing to the aveak state of the Cliinuman\s health. Mr Stock iinponred for accused and Detective Madilern conducted the prosecution. The Count was crowded with spectators. Cliing i’oo appeared with his head hound up, and was given a scut in the witness-box. Ho took the oath by blowing out a match. Willie Tan acted as interpreter. C. IL. Schumacher, medical practitioner, gave evidence that ho was called li> see Clung I’oo on January 14th. Found him sulfering from a wound over the right eye, the hone being fractured. Attended the case regularly, and about January 29tlh found it necessary to remove-some dead hone, .since which the Chinaman iiad progressed favorably. The bon* removed •w.asv.r'itlij'r. kirgjr- in size than a shilling/'’ The'Miriun had been exposed, 'there was nothing now covering the 'brain except the skin and scalp. From the nature of the wound would think it could not be caused hv a fall except trom a lair height,. ’Had.lie fallen oil a flat surface he coukl not have injured himself as he did. The injury would not have any permanent -bad effect except that he would he more easily hurt at tiie point of injury. Chiug I’oo, gardener. Disraeli street who appeared with his head hound up, give evidence that on the evening of Monday. January 13th, he was in -bed at his house. Something was thrown on the roof and wall of the house. He was by himself. When tile 'tilings were thrown at the house it would be about midnight. Was frightened, and though lie got up out of bed, did not go outside. A little later, thinking that the men hail gone away, lie went outside. Outside the house saw three or four men standing at the gate, which was about ten yards from the house. Said to the men: ‘‘Do you people want to destroy my house,” but got no reply. Then two sto nos were thrown. One hit the house, and the other hit him above tho right eye. Felt weak after tho blow and fell down. Felt sure it was a stone that struck him, as when he came to he found one close by him. AY lion lie recovered lie went inside and wont to bed. At daylight somebody came and asked to he supplied with vegetables, -and witness told him he was ill, and asked him to tell his countrymen to conic to see him. One AYong came, and later went for a doctor. I)r. Schumacher saw him on Jan. 14, and the same day he was removed to AV. Tan’s laundry. Stayed thero for a little over a week and was then taken to a private hospital. Could not recognise tho party who threw the atone 'which caused the injury. . . John Third, couch painter, said that lie was in the company of accused on the night of January 13th about 11.30 o’clock. Hugh Kelly and \Vm. Drown were with them. AYenl down to the Recreation Ground and went to Ching Poo’s house, whore the gate was lifted off its hinges. All were under the influence of liquor, 110 was d-rurik, but could not answer for the others. Stones were thrown oil the house. Accused 'threw one, but witness could not sav if it- hit anything or anybody. Cliing Poo cuiie out of his door about two seconds before .accused threw the stone. AA'as near tlrn gate when Clung Poo oamo out. Cliing Poo said something which witness could net understand. Immediately .afterwards accused threw a stone. 'Could not say if it struck the house or the Chinaman. DiJ not hoar the Chinaman cry out or hear a thud. Saw one stone thrown. After it was thrown they all left tiio vicinity. He (witness) threw no stones at- the Chinaman. —By /Mr otock : Was very drunk on the night m question and could not recollect anything very clearly. AA'as quite sure the stone Brown throw, was thrown alter Oiling Poo came out. Was about four "yards from accused. Was looking towards tho house, lvclly was about two yards away on witness s r joiht and -accused was four yaids Jit front. Did not know of any stones being thrown belore tho Chinaman came’out. Gould not .say who threw tiie stones before Cliing Poo appeared. Did not know much about tho occurrence. . Hugh Kelly, laborer, said lie was with Third and two strangers earlier in the evening and met the two Browns in a restaurant in Gladstono road a little after 10 pan. The six of ‘thorn went down to L'-ne Kecreation ground, but did not go to the Chinaman’s garden, proceeding from the Recreation Grounds to his home. Did not hear any noise in the vicinity of Cliing Poo’s house. Knew a man named Tonge who lived in Carnarvon street, but did not visit nun on ithe evening in question. Heaiu Third say Hie (witness) vps at the Chinaman’s garden, lhatwas incorrect. —Bv Mr Stock: AYhcn ho loft Third lie (Third) was drunk, but ,would not say he was too drunk to observe properly what went oil. Reexamined: AVas perfectly sober. Constable Tad gave evidence that on Junuary 16th he arrested accused. AATien toht what flic had been arrested for, he asked if the others Involved in the occurrence had been arrested* and was answered m tiie ne"ative. Asked who they were and was told that they were AYm. Brown, Third and Kelly. Accused said the others concerned could not sav he had done it, us they were all throwstones. Accused was very much exeited.—By Mr Stock: Nobody had been arrested for the offence prior to Brown’s arrest, but certain persons had been taken to the J.o-lico Station in connection with the ma«tcr. AYTn. Brown spoke to accused when witness arrested him, but nobody was present when accused -made his statement to witness. Mr Stock contended that a prmia facie case had not been made out. The only witness who made any direct statement was Third, who was proved to have been m u state ot intoxication. The S At. said he thought a sufficiently strong case had been made out, and committed accused to the Supreme Court for trial Bail was all'o wed —la coused in £ of) and two sureties of £25 or one of Lot).