Having it Out.

Gisborne Standard and Cook County Gazette, Volume II, Issue 211, 20 October 1888, Page 3

Having it Out.

At the R.M. Court yesterday (before Messrs H. Lewis and A. Graham) Moss DeCosta was charged with assaulting Joseph Brooke, by striking him on the head with his fist. Mr Chrisp appeared for the plaintiff, and Mr Brassey appeared for defendant. The defendant pleaded “ Not Guilty.” The alleged assault arose from a letter which appeared in a newspaper, asking the reason why “ young Messrs Kenny and DeCosta” were kept employed on the harbor works when all the other employees had been dismissed. It appears that after reading the letter the defendant, who, as he stated, was informed that Brooke wrote the went to him and accused him of doing so. Brooke denied all knowledge of the matter, and then a quarrel ensued, daring which the complainant allegespDaCosta struck him. J. R. Brooke deposed that cn the 11th inst. he was in Mr Townley’s yard, changing his horse from one cart to another. DeCosta came up to him and said, “ What the b h do you mean by writing letters to the paper about me.” Told him he was mistaken. DeCosta said he had proof that he (witness) wrote the letter. Witness said, “Very well, keep your own opinion.” He then turned round, when DeCosta “ let him have it ” behind the ear. Told DeCosta it was a scoundrelly and cowardly thing to do, and tlat he would summons him. Defendant said, “ You can summons and be d DeCosta had his coat off, and was thoroughly in a passion. H. Hall was present, and also Mr J. Taylor.

By Mr Brassey: Did not write the letter to the paper. Mr Chrisp objected to questions concerning the authorship of the letter as it had nothing to do with the case.

Mr Brassey said it had everything to do with the matter. He would show that there had been provocation. A man had no right to write such things, and it was wrong for a paper to publish personalities. Mr Chrisp asked for the Bench’s ruling on the matter. Mr Brassey contended that he had a right to put any question he liked, as the complainant was under cross-examination. The Bench ruled that the question was relevant to the case. Witness : Was not present when the letter was written, nor did he know that it was going to appear in the paper, Mr Brassey : You did not speak to anybody about putting it in ? Witness: I’ll not answer that. Witness, further examined by Mr Brassey : I distinctly say I did not write the letter. Offered to bet £5 that he did not write the letter. Did not say ha had nothing to do with the letter. Did not call defendant a liar. DeCosta called him a liar. Did not put his hand on defendant or strike at him. Told him to get into the cart and come down the beach to have it out. Did not write the letter or dictate it. By Mr Chrisp : After he struck the blow I wanted him to go in an out of the way place to have it “ out with him,” as Mrs Townley’s was near at hand, and I did not want to have a scene.

H. Hall remembered last Thursday. Saw Brooke and DeCosta on that day. DeCosta came up to Brooke at the back of Townley’s shop as he was taking his horse out of the cart and said something to Brooke. They theff had a “ bit of a set to.” DeCosta was swearing at Brooke after the set to. Could not say whether Brooke struck DeCosta. Did not see any blows struck at all. The blows on either side might have fell short. DeCosta has spoken to me about the case. I don’t remember what he said. I can positively swear that I don’t know what DeCosta said. If I heard the conversation again I might recognise it. Have seen Taylor in DeCosta’s presence,, with myself. Taylor asked me who struck the first blow. Did not say to Taylor that if I came to Court and swore that Brooke struck DeCosta first I would be committing perjury. I did not see any assault. By Mr Brassey: Brooke has bean to me to see what I had got to say. Brooke has made the remark that he would get DeCosta the “ sack ” from the Harbor Board. Do not wish to be on unfriendly terms with either. I saw Brooke pull out a£s note. He wanted DeCosta to come and have it out on the beach. Brook wanted to make a bet. By Mr Chrisp : Am certain that Brooke said he would get DeCosta the sack. It might have been more than a month before the assault took place that he used these words. By the Bench: Was standing a short distance off when the assault took place. It just seemed to be a bit of a scrimmage. The case was then dismissed with costs, the Bench saying the charge was a very trivial one, and the principal evidence was rather in favor of the defendant.