“KNEW TOO MUCH.”

Gisborne Times, Volume XXXV, Issue 3945, 30 May 1913, Page 3

“KNEW TOO MUCH.”

A WAIXGAKF. AFFAIR

CLAIM FOR DAMAGES

Two parties from Wamgako were concerned in a case heard before Air. R. S. Flora nee, S.M., yesterday, in which Gordon Byrne, laborer (Air. Burnard'), proceeded against James McArthur, laborer (Air. A. Trevor Coleman), claiming under a civil action £‘3s 15s damages for alleged assault—£ls 15s special damages and £2O general damages. Mr. Burnard said defendant had not appeared, and further evidence might be required, and it was proposed to partly hear the case, as plaintiff would probably be leaving the district. Counsel said tho facts were simple. Both men were working with others atWaiugake. An argument arose as to the relative swimming capabilities of a dog and a man. Defendant became somewhat'worked up about it, and in the end became very abusive and threatened to strike plaintiff, when plaintiff stated that he was not afraid of him, or something to that effect, to show that he was not to be intimidated. Defendant then, without- any Warning, struck plaintiff and fractured his jaw. Plaintiff had suffered an indignity perpetrated in a most unBritlsh way, and he now came to the Court and claimed damages " The medical and nursing expenses had not come to so much as anticipated; they only asked for £6 12s for special damages. and they thought £2O was not too much to claim for general damJack Thomson, laborer, of \\ aingalce, said the two young men and witness were walking down for the mail, and an .argument occurred. I.he river was in flood, and they saw a dog swimming across. "Witness then * remarked about tho swimming capauihties of a dog compared with.those or a man, and Byrne concurred. McArthur then said, “You know too much.” 13vine made some reply, and McArthur ‘said, “If you know so much, take your coat oft. . Byrne said there was no use having trouble. With that McArthur turned round and hit Byrne on the jaw, making him stagger across the road. McArthur followed him up, and they got into chitches. Witness saw the condition of Byrne’s "jaw, and separated them. Bvrne had not given any provocation. Plaintiff said that on April 28th Thomson and witness were talking about a dog being a stronger swimmer than a man. when defendant chipped in and asked if they ever heard of a dog swimming the Channel, meaning the ‘English Channel. Witness said a dog, if trained like a man, might swim the Channel. With that defendant got nasty, and said, “You know too much, and won’t he told anything.” Witness said, “I don’t want to be told anything by a man who does not know any nioro than I do.” Defendant lost his temper, and made insulting remarks Tabout“witneSs, and the latter told him not to run away with the idea that he was frightened of him. Defendant said, “Come on, then.” "Witness told him to wait until they got to the clear ground over the bridge. After they had gone another two yards, defendant unexpectedly struck witness on the jaw: Witness was dazed. Defendant followed him up and grabbed him -bv the throat, and Thomson interfered. Witness came to town that night, and was attended by a doctor about midnight. Ho was in a private hospital for nine days. He could not eat for five days, and the jaw' was not better yet.

The ease: was adjourned till 10.30 a.m, to-day.