ALLEGED ASSAULT.

Hawke's Bay Tribune, Volume XVII, Issue 179, 14 July 1927, Page 5

ALLEGED ASSAULT.

TAXI MEN IN COURT. HIS WORSHIP RESERVES HIS DECISION. Ihe hearing of the case in which W. J. Graham, taxi proprietor, of Hastings, sued Jack Dunn, taxi proSrietor, also of Hastings, for £2OO amages as the result of an assault was continued before Mr. A. M. Mowlem, S.M., at the Hastings Magistrate’s Court yesterday afternoon. Mr. E. J. W. Hallett appeared for the plaintiff and Mr. H. B. Lusk for the defendant. Harry Lomas gave evidence that he was present at the time of the assault, standing quite close to the two men. but he did not actually see the blow struck. Dunn admitted to him afterwards that he had assaulted Graham.

CASE FOR DEFENCE. Mr. Lusk, in opening the case for the defence, said that it was a remarkable one in many ways. No man, of course, should take the law into his own hands, but it should be remembered that the word applied by Graham to Duan was regarded among British people as justification for a blow and Graham might be said to have asked for it and got it. His Worship would, perhaps, take into consideration the great provocation under which Dunn acted. It was for His Worship to decide what compensation was due to a man who used such foul language. Dunn gave evidence as to the conversation leading up to his striking Graham, detailing the language which the latter used. His Worship: Did Graham have his hands in nis pockets when you struck him? Witness: I did not notice. He may have had them behind him. His Worship: Pretty quick, were’nt you? Witness: Yes. I acted on the spur of the moment His Worship I find it difficult to understand how you could inflict such serious injuries with a blow. Have yon any idea how hard you hit him? Witness: I don’t know. I haven’t hit anybody since I was at school. His Worship: Do you think that his head came into contact with the side of the door and that that might account for the extent of the injuries ? Witness: It might have been that. Evidence that he was present at the assault but did not actually see it, although he heard Graham use objectionable language, was given by F C. Newrick. His Worship reserved his decision.