ALLEGED ASSAULT.

Gisborne Times, Volume XLV, Issue 4144, 22 January 1916, Page 3

ALLEGED ASSAULT.

THE HAITI CASE

ACCUSED COMMITTED FOR TRIAL. Tiios. Donovan appeared on remand before. Mr. W. A. Barton, S.M., at the Magistrate’s Court yesterday, charged with committing an assault, with-intent to do bodily harm, on the person of Phillip Sheridan. Mr. Burnard appeared for the ac- , cused. Dr. O. F. Scott said. that on 13th January he was called in to attend to Phillip Sheridan, who was suffering from a wound in the scalp, which required a few' stitches. The wound was not serious, and appeared to have been caused by a blunt instrument The complainant, Phillip Sheridan, said that on January 13tli he u’as engaged by Messrs. Hall and Sheet to cart timber from the Masonic Hotel to a section on the corner of Crawford and Wainui Roads. On arriving with the second load, about 2.30 p.m., they found the gate leading into the section bound up with wire. Accused then c-ame up, and said that no one was going through the gates as he lived on the corner. Witness and a man named Sligo, who accompanied him, then went back to see Mr. Hall, and in consequence of what he told them, again returned to the section. Witness untied the gate, and the lorry w r as taken on to the section. There was a building on the section, and witness saw the accused come through the gate, go towards the corner of the building, take a pick in his hand, and taefl. the iron head off it. Accused then came rushing towards witness with the pick-handle. Witness picked up a piece of moulding and threatened to knock him down if he attempted to use the pickhandle. Witness added that they were going to follow their instructions and unload the lorry there, and advised accused to see Messrs. Hall and Skeet. Witness said he would order Mr. Hall off the property. Witness shid he represented Mr. Hall, and accused ordered him off the property. Witness put his stick down and walked quietly off, advising the lorry-driver to do the same. He turned round and found accused facing him with the stick, and accused ordered him to take the lorry off. Witness said he could not take the lorry off, he would have to order the other man to do that. He added that accused had ordered him off and he was going, as he did not want any dispute with accused. Accused still retained the stick, and on witness admitting t!iat his brother owned the lorry, used some insulting language. Accused previously poked witness with the stick, and witness remonstrated, as he was going quietly off the property. Accused then struck witness with the stick on the elbow. He lifted ‘the sick again to strike, and witness got iu as close to accused as he could, but received a blow on the head, which knocked him down. The blow rendered witness unconscious, and he later had to be attended by Dr. Scott. Witness produced the cap he was wearing at the time, showing' marks of blood. To Mr. Burnard: Witness went with the first load at about 12 o’clock and left it on the section without seeing accused. It was after dinner they took the second load. When witness found the gate wired up. he was not aware that accused was living on the property, and went back to ask Mr. Hall if‘there was anybody living on the property. Witness admitted that it would have been improper to force the load in if anyone living on the property had shut it out. Mr. Hall told witness that there was 119 one living on the property. When witness later found there was someone living on the property, lie was willing to go off when ordered to do so. Witness umvired the gate, but did not hear accused whistle, and could not remember seeing accused approaching till they got right on to the section. When witness first found the gate wired, he did not remember accused saying that lie was tenant of tno property, and had had no notice to quit. Witness could not swear that he did not say it, as he had heard accused talking to the driver, but did not grasp what he said. There were two men on the lorry beside witness, and witness did not hear them say that witness was in charge. The reason witness did not go off when ordered was that he saw accused take up the stick and was not going to let him bully him. Accused was about 100 yards from witness when he took up the pick-handle. Witness thought he was calling out, hut did not remember any distinct words. Witness could tell from accused’s attitude that . he would try to bully him with the stick. Witness "had no power to take the lorry out of the paddock, hut advised the driver that if lie was ordered to Jake the lorry off to do so. Instead of going out, witness picked up a stick and stood his ground, knowing there was a chance of a fight between them. When accused struck witness, he did not “shape up”. to accused as though to strike him with his fists, nor did lie use, offensive' language to accused. He did not hear the two men in the lorrv say to accused that they were willing to go, but that witness was-in charge. Witness saw accused was getting excited and. told him to put down the stick. He did not intend to rush the accused with the two other men, nor did he call them cowards for not backing him up. To Detective McLeod: Witness did not refuse to leave when ordered to do so, and was on his way off the property when accused struck him. Witness had no stick in his hand at the time. After accused had ordered witness out lie went to the lorry, and commenced to knock the lamps about. Witness caller! on the other men to stop him. Alfred Sligo, motor mechanic, in the employ of Mr. Sheridan, said that when they first, saw accused he told Mr. Sheridan and the other man not to go inside the place. They then went back to town, ancl on returning to tlie section later, Mr. Sheridan and tlie other man, Stevens, opened the gate. Witness saw accused across the road on another section, ancl he came running towards witness and the others; He got a pick-handle and chased them round the lorry, and ordered them off the property. Witness stood still, hut Sheridan, after talking to accused, went outside the gate. Witness was standing at the head of the lorry about thirty yards away and . walked down , to the gate and brought Stevens in. They then commenced to unload the lorry. On looking round towards the gate he noticed Sheridan walking inside again and past the corner of the shed out of witness’ view. Witness next saw Sheridan fall to the ground bv the corner of the shed, and accused walked round the other side of the shed.' with the pick-handle in his hand. Sheridan then got lip after being on the ground about half a minute, with blood coming from liis head, and walked outside the gate. Stevens followed Sheridan. Accused then came round/the lorry, struck at the lorry with the pick-handle, and ordered witness to take it off the property. Accused shut the gate after witness, and went baek to the slied'and poked the forward end of a shotgun out or the door. As far as witness saw, Sheridan had given accused no cause to strike him. To Mr. Burnard: Mr. Sheridan was in charge, and witness was under lus instructions and did not interfere in any way. After returning,from Mr. Hall witness saw accused coming before they entered the gate, but witness had no idea what lie was going to do. Witness and the others wore on the property when accused came up with tho pick-handle. Had Sheridan ordered him to take the lorry out. witness would then have, dory* so, and" there pi’ohablv'would have been no trouble.-.. Sheridan had not upbraided witness for not helping him. Witness did not see Sheridan “shape up” to

accused in a lighting attitude. If Sheridan had gone quietly off the proporty there would have been no trouble.

Charles Stevens, laborer, employed by H. Wyles, at present employed on pulling down the Masonic Hotel, corroborated the previous witness’ evidence.

011 resuming after lunch, witness stated, in reply to Mr. Burnard, that while tlie others had gone to see Mr. Hall, witness stopped at tlie section, and accused told iiim that ho would not let them in. Witness did not tell the others on their return. When Sheridan and Sligo returned, Sheridan said there were three of them, and they could push their wav in. 'Accused was about twelve yards off, but witness did not know if accused heard the words. To Detective McLeod: Sheridan picked up a stick about five minutes after accused took the pick-handle, and both were standing about 6ft or 7ft apart. Witness did not hear Sheridan say anything to cause accused to strike him. Detective McLeod said that about 5.30 p.m. on the 13th inst. he arrested accused, and charged him with the offence mentioned in the prosecution. Accused admitted striking Sheridan, but said he had had provocation. He had not known that Hall had bought the section, and had paid rent for it up to the 13th. Mr. Burnard said he wanted to explain the matter of the gun, mentioned in one of the witnesses’ evidence. This .gun was not used to threaten the men, hut had been used for shooting a dog which had been straying among accused’s sheep and causing trouble. The accused had shot the dog, and had had no intention of usinfr the gun on the men who had intruded on his Ejection. Accused pleaded not guilty, and was committed to the Supreme Court, at the next sittings, for trial. Bail was allowed in one sum of £IOO and two sureties of £25 each, or one surety of £SO.