HIS HEAD HAMMERED.

Manawatu Times, Volume XXVIII, Issue 403, 30 May 1905, Page 3

HIS HEAD HAMMERED.

A Ruda Awakening.

At the S.M. Court yesterday morning John McAvinuo was charged that on May 28t,h he did assault one Daniel O'Brien, thereby causing him grievous bodily harm. Sergeant Stagpoolo prosecuted, and Mr Gifford Moore appeared for the accused. Tho charge was treated as an indictable one.

Daniel O'Brien depoaed that he was a labourer and had been working for the accused. Oa Saturday evening they went up town together. After they had had tea accused gave witness £1, and he then went on a shopping eipedition. Amongst other tbinga which he purchased was a Kinglet - the article which he was wearing 'at tho moment of giving evidence. He again met the accused, who gave him 63 to purchase a bottle of whisky for use on the morrow. When making the purchase, at the P.O. Hotel, witness 'also bought a shillingsworth of whiakey which he and the accused imbibed together when witness made bis exit from the hotel. Witness could also remember having partaken of two long beerg and a half share of a bottle of " English." Asked by thy Bench as to whether the liquor had affected his powers of reason, if, in other words it bad caused him to become at all intoxicated, witness retorted with indignation that so mild a dose as that would do no " strong hearted man any harm." After they had aupppd together witness went to bed, leaving the accused in the kitchen. The next thing he remembered eventuated in tho moments which immediately succeeded tbe mystic bliss of sleep. In the momenta of awakening on fcunday morning he discerned MeAvinue entering tho room, holding in his hand a claw hammer. His visitor intimated that he was about to kill hiui. Sdrgeaut Stigpoole: Did that waken you?

Witness: It did. Said I, " don't do. that Jack !"

Acoused then proceeded to hit him on the head, continued witness. Ko attempted to rise but as his cranium came in contact with the hammer, he concluded that the best thing to do waa to lie down again. When witness arose from his bed and went forth into tho yard, acoused again assailed him — tl^is time with his fists. Witnets denied having meandered round the house on Saturday night in a, nude state and would not admit that the accused had had to resort to force in order to get him to bed.

Tho next witness called was Dr J. A. Q B?iep, who deposed that when Daniel O'Brien visited him at about 3 p.m. on Sunday, there was a deal of clotted blood about the wound. He found that the bone was injured but there was no fraoture, in the strict sense of tbo word. He bad narrowly escaped a very serioue injury. Constable Hattie alao gave formal evidence and tjao accused was committed for trial at the next piltings of the Supreme Court nt Palmevston,