Trouble on the Stand

Hawke's Bay Tribune, Volume XVII, Issue 178, 13 July 1927, Page 5

Trouble on the Stand

Alleged Assault. TAXI DRIVERS IN COURT. £3OO DAMAGES CLAIM. William John Graham, taxi proprietor, of Hastings, sued Jack Dunn, another taxi proprietor, for £2OO damages for alleged assault in the Hastings Magistrate’s Court today before Mr A. M. Mowlem. S.M. Mr. E. J. W Hallett appeared for the plaintiff and Mr. H. B Lusk for the defendant The claim was for medical expenses £25, lost time £lOO, and general damages £3OO. a total of £425. which was reduced to £2OO to bring the action within the jurisdiction of the Magistrate’s Court. The allegation was that defendant, on April 30. in Railway road, Hastings, struck plaintiff in the face with his fist as a consequence of which plaintiff had been unable to work for 35 days, his health had suffered and his eyesight was permanently affected, it being necessary for him to wear glasses. Mr. Hallett, in outlining the plaintiff’s case, said that both the men were taxi proprietors on the Railway road taxi stand A few days before the assault took place Graham noticed that Dunn was avoiding him On April 30 he approached Dunn for the reason of this avoidance. Dunn made some complaints which Graham denied, and then Dunn accused Graham of endeavouring to get him the sack some years before at Onga Onga. Graham said something and Dunn struck him, Dr H. M Wilson, of Hastings, said that on April 30 Graham came to him suffering from the effects of a blow in the face. One side of the face was bruised, one eye blackened and there was a fracture of the bones of the face. The patient was sent to hospital where X-ray photographs of his face were taken. (Produced.) From the injuries witness concluded that the blow must have been a tremendously severe one. Graham was in bed for a fortnight and was unable to work for three or four weeks after that and he still suffered from headache when he was driving. To Mr. Lusk: The bones of different people varied in brittleness. To Mr. Hallett: Graham’s bones appeared to be normal in this respect Dr. 8. Scoullar, of Napier, gave evidence regarding the injury to Graham’s eyes, saying that there was dropping of the lid and distortion of the muscles of the left eye. The eye injury would account for the headaches and giddiness complained of, especially while driving. The condition might disappear in twelve months but he would consider Graham very lucky if this happened. There was a disfiguring sinking in of the left side of the face which witness thought would be permanent. PLAINTIFF’S EVIDENCE.

Graham, in evidence, aaid that he was 55 years of age. He recounted the conversation he had with Dunn when he asked the latter his reason for sulking. Dunn accused him of telling an enquirer on the telephone that he (Dunn) was not on the stand when he was actually there. Witness explained that he did not see Dunn on the stand. They were then standing in the doorway ot the Hastings Hotel, witness having his hands in his pockets. Dunn then said, “You. tried to get me the sack at Onga Onga.” Witness gave a reply, and the next thing he knew was that he was in a room in the hotel with Lomas ,one of the other taxi drivers, bathing his face with warm water.

Under cross-examination witness aaid that he did offer, on coming out of the hotel after the assault, to fight Dunn when his face was better He might have offered to fight him for £2O. Dunn did not accept the challenge and did not say “If you call me the same again 1'1) black your other eye.*’ Witness reported the incident to the police who took no action. He did not inform the police in order to have them take action but simply Eecause the occurrence took place cn the taxi stand. He had not taken the proceedings because he thought there was a chance to get money ont of Dunn. Witness: You are not in a good financial position, are you? Witness: I have no money. Mr. Lusk: There are judgments ont against vou, are there not? Witness: Yes. At the conclusion of the hearing of the evidence, His Worship reserved his decision.