Magistrate's Court.

Hastings Standard, Volume XIII, Issue 4204, 10 July 1909, Page 5

Magistrate's Court.

FRIDAY JULY 9

Before Mr S. E. McCarthy, S.M.) The following cases were dealt with yesterday afternoon CLAIM FOR DAMAGES James Sweeney, of Westshore. Napier, labourer, sued Cornelius Donoghue, Hotelkeeper, for the sum «f £SO, the plaintiff alleging that on the sth day of May, 1909, the defendant assaulted plaintiff at Hastings by shutting a door on plaintiff's hand injuring the little finger of the Tight hand of the plaintiff. James Sweeney, deposed that on the 4th of May he came to Hastings from Waipawa. He had a cheque of £3O and £5 in cash. On Wednesday sth he was at O'Donoghue's hotel in the morning, but did not go to the races. He witness went into the hotel at about the closing hour. and was talking to two men named Alec Johnston and D. C. Campbell, whom he had known for vears. Witness said to the two men '' You will have to get out I have not got a bed here." Just before that defendant got hold of a one armed man snd put him out the door. Defendant then came back to witness and said. "" It's time you got out, too," to which he replied. " I'm just going." Defendant caught him by the arm, but defendant did not at that time push him, as he going out quietly. When going ouc the door, plaintiff put his two arms across the door to steady himself and O'Donoghue slammed the door and jambed plaintiffs finger. Knocked on the door to get someone to open it to enable him to get his hand out, but no one came, and he ultimately pulled his hand out. leaving portion of his finger behind. Went to the Napier Hospital on May Ilth and had the finger medically examined and attended to, and was only discharged yesterday. His wages throughout the year would easily average £3 per week. On 19th May he instructed his solicitor to write to Mr O'Donoghue, claiming a sum of £SO, as a claim for damages. To Mr Cresswell: He did not suggest for a moment that there was any attempt at "lambing down." Had his own money, and could do what he liked with it On May sth he did try to borrow money froTi Johnston but did not get it. Would not swear he did not try to borrow money from McKenzie, but he may have. Remembered being in the Albert Hotel on the morning of the sth. May have had a few drinks, but was not drunk. May have been refused drink on the morning of the sth by one of O'Donoghue's barmen. It was a matter of opinion as to -whether his condition would improve as the day wore on —the chances were that they would not. He had no parcel when he went into the hotel. Heard the barmen locking up the bars on Wednesday night and went towards the stairs to talk to Campbell. There were several others there, and knew Johnston and Campbell were boarders at the hotel. Did not think he annoyed them in any way, but mav have tried to get a drink at their expense. Never had a bed at the Albert Hotel since O'Donoghue had been the licensee; hardly expected to get a bed at race time. O'Donoghue never said to him," You're not a boarder here, so it's up to you to leave." After defendant shoved the one-armed man out he said to witness, " It's time you was going too." Did not think that defendant asked him on more than one occasion to leave. The front doors were folding doors, and opened inwards. Could not say ■whether it was O'Donoghue who opened the door. He (witness) knew that he had no right in the hotel as it was closing time. When witness got to the front door he could not say whether there was anyone on the footpath or not. He did not hear anyone call out. Whrn on the doorstep, witness's back was towards defendant, and did not hear anyone say "pull the out with you." He did not stretch his hands across the door to endeavour to force his way back into the hotel nor yet to prevent defendant from putting him out of the hotel. When he had his finger jambed in the door he did not make any complaint to the men who were standing on the footpath. He may have knocked at the door. He did not remember whether any of the men went to his assistance. Sooner than stay there all night, he dragged his finger out. At the time he had a fair amount of beer in him. He did not feel much pain at the time as his hands was benumbed. A man present tied his hand up with a handkerchief. He did not know where the police station was nor did he make any attempt to find out. He walked about all night after the accident. On the morning of the 6th at about 6.30 he saw Dr McKibbin who attended to his finger. Told the doctor that he got his finger crushed by a door when stepping out on to the footpath. Did not say that he tried to get back into the hotel because he had left a parcel there. Left Hastings on the 9th. Between 6th and 9th he did not see anv other doctor. Would not swear that it was Dr McKibbin whom he went to but thought it was. He left Hastings for Napier on the 9th bv the express train. Between the 6th and 10th he did not remember calling at O'Donoghue's hotel. Made neither complaint or claim on defendant before arriving at Napier, neither did be report the matter to the police. The Reason that he did not go to O'Donoghue sooner was that he wished to give him fair time which was a week. To Mr Dolan : Defendant when he put his hand on witness' shoulder #ot a push on to hfm. but could not shove him out as witness had one J band on the side of the door to j steady hitrself.

Dr Tosswill deposed that plaintiff called at his surgery on the morning of the 6th May, and he was not sober. Plaintiff was suffering from a crushed finger, and told witness that he was trying to get into a hotel when the door was pushed against him. Plaintiff said he tried to get into the hotel to get something which" he had left there. Witness could not complete dressing tne finger owing to the man's condition being such ?s to be unsafe to administer chloroform. Witness told plaintiff that his medical fee was 10s 6d, and in reply he (plaintiff) said he would have to go to the bank and get some money to pay him, but he did not return. ;

Walter Cheer deposed that he remembered the first night of the H.B. Jockey Club's May meeting, Was outside the hotel at 10 o'clock and saw Sweeney. Witness' attention was attracted by his mates to Sweeney, whose finger was jammed in the door. Sweeney was able to hold himself up. To Mr Cresswell: Was thirsty himself that night after a long ride, and he hurried up to get a drink bej fore the hotel closed. When he I arrived the hotels were closing and Ihe did not attempt to get in. (Sweeney did not complain or cry out when he got his finger jammed, and witness did not hear him knock at the door. To Mr Dolan : Saw a one-armed man thrown out of the hotel. This closed the evidence for the plaintiff. Cornelius O'Donoghue deposed that he had been a licensee in Hawke's Bay for 24 years, and had known plaintiff for about 20 years. Saw plaintiff 3 or 4 times in Hastings during the last 2 or 3 years, generally at race time. Plaintiff had endeavoured to obtain money from witness' boarders. On May sth plaintiff was in his (witness') hotel at about 9 a.m., and he asked Johnston for money. Witness called plaintiff on one side to warn him. On the night of the same day at closing time he saw a man in his house who only had one arm, but did not use any force to put him out, as it was not necessary. He told Sweeney to leave, as it was after hours and he was not a boarder. Witness then went to the bar, and upon returning ten minutes after Sweeney was still standing at the foot of the staircase. Witness then put his hand on plaintiff's shoulder, and he walked quietly to the front door. Never at any time seized him by the arm or shoved him. Plaintiff stood by while witness opened the door and when plaintiff got on to the door step witness heard someone say " pull the out with you." After these words were used plaintiff put his hands across the doorway and refused to go out. Witness then used a certain amount of force to get him out, and kept his right hand on the handle of the door. Pushed out the plaintiff and shut the door suddenly. Never heard anyone knocking at the door after that. Witness or his boarders who where standing at the foot of the stairs, fould easily have heard anyone knocking at the door. Did not hear any more of Sweeney that night nor yet see him for several days after. The first intimation witness got of complaint from plaintiff was when he sent a letter to him. Plaintiff never asked witness for a bed. Plaintiff had had a certain amount of drink. During race time trouble was experienced in clearing the house at closing time. Plaintiff was not a desirable man to have on witness' premises at ten oclock at night.

To Mr Dolan: The accident happened at about a quarter past ten. He did not order plaintiff off the premises because he was drunk. Plaintiff was not disorderly. Witness would not say whether he was drunk or sober. The injury was caused to plaintiff's finger when he attempted to re-enter the hotel, but defendant did not know that his finger was jammed in the door. Frank McKeegan, barman at O'Donoghue's hotel, deposed that the plaintiff came into the hotel at about 10 a.m. on the sth. and asked for a drink, but witness refused to serve him, as he thought the man had had enough. Alexander Johnson, contractor, Wanstead, deposed that he had known the plaintiff for 18 or 20 years. He was staying at the defendant's hotel on May sth and 6th. The plaintiff asked witness to lend him some money. Alexander McKenzie and James Berry also gave evidence. His Worship, after reviewing the evidence, gave judgment for the defendant with costs £3 2s 6d. CIVIL CASE. Francis Moore sued Thomas B. Grogan for £7 10s, balance alleged to be due on the purchase of furniture. After hearing evidence judgment was given for the amount claimed, with costs £2 6s.

SATURDAY, JULY 10th. The Court resumed its sittings this morning DRUNKENNESS. A first offender, on a charge of drunkenness, pleaded guilty and was fined ios, or 24 hours' imprisonment. Elizabeth Franklyn, alias Williams. pleaded guilty to a similar charge and was fined 20s, or 48 hours' imprisonment. James Redmond, on a charge of being helplessly drunk, was remanded for a week for medical treatment. On a further charge of the theft of potatoes, valued at ios, a (remand for a week was granted.

1 HEFT OF AN OVERCOAT. David Albert Crotly alias Richard Crotly, alias Walton, pleaded guilty to the theft of an overcoat vclued at £3, the propei ty of John Hannah. Accused said that he had been in a chronic state of intoxication for several days, and really did not know what he was doing at the time that he took the coat. Accused was convicted and sentenced to six months' imprisonment with hard labour.