POLICE COURT.-Tuesday.

New Zealand Herald, Volume XII, Issue 4372, 17 November 1875, Page 1 (Supplement)

POLICE COURT.-Tuesday.

■ • ■ fßofora 8..C. Baratoir; Esq., E.M.] .:,'.' "DROUSLENNEse.—One.. drunkard' appeared, and waa fined according to , usage. -'- v:-: .;.-£<:>;: l ' ; Vaqranoy Act.—Michael Tierney_ ! |was charged under the above Act with haviog no lawful'' and visible' means' of support. - ■ He pleaded guilty, and being well known to* the police was sentto gaol for fourteen days, with hard labour. *

Abusive Language. —Wm. M. Lloyd was .charged with using obscene language ».t the North Shore. Sergeant-Major Pardy tltoted that the prisoner had been drinking heavily for some time, and was not in a fit state to appear. He was remanded for a week. Assault: —Herbert Hampton was charged with assaulting Robert Graham, at ElleraUe,: on the 9th'' instant, by striking him; with -an umbrella. Mr. -Rees, —who appeared for the defendant, said that defendant could "not deny having struck, the blow, but he did so smarting under a blow received by him from Mr. Graham. In order to tell his own' story, he had taken out a cross-summons. : This : was only pleaded in mitigation. Mr. JoysaidMr. Graham had only received the summons the preceding night. He thought it but right that, even if a plea of guilty were recorded, the evidence -should be heard. From the late hour at which the summons was served, he was unprepared with witnesses. After some discussion, it was suggested by Mr. Rees that, I both cases should be adjourned. His Worship said he thought that to be the best.course. Mr. Joy objected, on strict legal grounds, j The Bench was of opinion that as the blow alleged to have been received by Mr. Hampton was the first in order of time, it was right he should be heard, at least, at the. same time as the other case. After some,. J more discussion, it was decided to proceed with both summonses. Mr. Robert Graham said: On the 9th inst., he was at the Elloralie Gardens. There were public sports going "on. About 3000 persons were present. He was the owner of the groundii. The people were there by his permission. There was a committee ef the course. He was acting as Clerk of the Course at the .request of the committee. There was a certain portion of: the ground reserved, and notices posted upj warning persons from trespassing thereon. At one tune the people crowded on thei course to such an extent that the sports were about to be stopped. There was a boy got, on the ground, and was ordered by witness j to leave. The ground was then clear for the ■ race. Witness was going away, but being informed that the boy had returned,, went back, and the boy ran towards the ring.' About 40 yards from the ring he fell. Witness was on horseback,-and turned round and cracked Ma whip at him. Immediately he felt a blow on the right side of the head. He turned his horse round and saw a man , standing with an umbrella in his hand. He rode up to him and. said, " Are you the cowardly villain that struck me -when-my back was to you ?" The man made no reply, and the crowd closed round and got hold of "Him. Did not know the man before. Witness's hat was on ; he felt the blow through it. It was a tall hat, a new one. Called out to the crowd not to hurt the man, and called to the police to protect him. Witness then left the ground. He never struck Hampton. From the position he was in he could not have struck anyone. The whip he had was a very small one. ' About an hour previously, while riding along, cracked the j whip, but with no intention of touching anyone. He laid the whip gently over one boy's ! shoulders. When the assault was committed , witness was at least 30 feet from the crowd, and was riding towards them. The course was distinctly marked. Defendant .was ! where he ought not to have been. Have no doubt that he was the man. Dr. Hooper dressed the wound on witness's head. It was still painful. Was not aware that he had given any provocation. Had he struck anyone it would have been by accident and he would have apologised. Had not been on the ground for some time previous. Cross-examined : There had been a trifling disturbance some time previously, but did not strike any one. When struck, was not looking at the crowd; was facing the boy. Saw no stones thrown. Do not remember any disturbance last year about whipping any person. By the Bench: Witness was the owner of the ground, and organised the sports. He refused to allow any person to help him to keep order, as he thought people would mind him better than anybody else. He felt responsible for order being maintained. Dr. Hooper said he had dressed the wound on Mr. Graham's head. Found him lying on a bed at the Ellerslie HoteL He had a wound on the right side of his head about an inch and a-half in length. Didn't think it extended to the bone. It had been bleeding. It might have, been inflicted by a stick or an umbrella handle. The blow must have been violent to have broken, the skin through the' hat produced. But for the hat the wound would probably have been far more serious. Crossexamined : The wound ran downwards towards the ear. Didn't think it could have been caused by a stone. A stone would not have struck the head in that direction. It might if' thrown from a great distance and rising to a great height. It was possibly and. probably done by an umbrella, such as the one described. Mr. T. H. Ivey said he was at Ellerslie on the 9th instant. He was standing with a friend about sixty yards from Mr. Graham. Mr. Graham had been pursuing a boy, and waa riding towards the crowd when defendant stepped out from the crowd arid struck him on the head with an umbrellaj Should think defendant came three or four yards from the crowd when he struck Mr. Graham.' Mr. Osborne said he saw the blow struck. He saw no. provocation given. Andrew Heavey stated that he was standing about ten yards from Mr. Hampton.' Was on the course when Mr. Graham came up cracking a little whip and calling oat, to

clear the course. Defendant turned round. <«ndearUKf Qr*helST£>**ied struck hinOon'i ih££^'with J tnT I butf&d •Mr. Graham did not strik* Hampton. He I asked him afterwards .whSr he x eiruck him ? i Defendant ansWeredr~" I Hadit in foryou." JHe was then rushed by a lot of men, and ' struck by two of them. Mr. Graham said not to hurt him, but hand Mm over to the police. There;.were a mob of rnen looking /for him to hammer him. but find him. Did not see Mr. Graham's whip-lash touch anybody. He ceased cracking his whip when he > came near the people. Hampton was standing there before-Mr.'Graham came up. J. G. Henderson said he was about thirty yards from where the assault took place. He -saw .defendant .come.out from the crowdi 'get' on 'the off-side of' Mr: Graham's horse, and strike at his head with an umbrella. The crowd closed round. Witness ran; up, and-saw'blood streaming down Mr. Graham'B face.- Saw no provocation given. : ■Mr. Graham was too '■ far away to have struck Mr. Hampton., Jit was. impossible to have struck him'with' the whip produced;.-.,, ; He • .was < not ; cracking . ,/the whip. He" was fully six or seven yards from the crowd.:. Detective Jeffrey; saw '.the assault from the Grand Stand. Mr. Graham could not possibly have struck Mr.'Hampton at that time... llr. .Graham was not rushing round thecourlae, but coining across." Crossexamined : When witness arrested. Hampton he said Graham struck him first. Witness said, "No, he didn't." Everybody was watching,at the time because ,o£ Mr. Graham chasing the boy. Constable Jackson gave similar This closed the case for the prosecution.' , Mr. Rees, in extenuation, stated that a» Mr. Graham was riding along keeping the people back, the thong of his whip- struck Hampton in.thfe ,eye, and; smarting under'this, he struck the bIoTT. He called the following witnesses :—John Smith was standing close to Mr. Hampton at the time. Saw Mr. Graham come up. He was swinging the whip about. Saw the ! wbip strike : Mr. ' Hampton. About, .three., or ■ four minutes ,after Mr. Hampton struck back with his'umbrella; v. Cross-examined.-' Did not see where the lash struck. It was three or four minutes after Mr..' 'Hampton' -was ■ struck -with' the whip that the assault was committed. The whip Mr. Graham had was Trigger-than" the one produced. .William Melton saw w the assault, but did not-see Mr.' Graham use his whip. David, .JLeneally... saw ~.Mr,.. Graham ride up and down several times. ' Saw 'him flogging a boy, off the,,course.. Hampton stepped from.out of the crowd, and'struck I Mr. Graham. -'Saw" Graham-strike! the boy. Did not see Graham, strike Hampton. .James McEwan was ; on'the course, but-wia-not looking when,. the -assault was, committed. William Mahbney saw the assault.''' Shortly after that saw-what appeared to be stones flying in the direction of Mr. Graham. This closed , the case, /judgment: being reserved till the hearing of the second summons.—Robert. Graham was' then' charged'with-assaulting Mr. Hampton with a whip. Herbert Hampton stated the circumstances, as already detailed. When Mr.. :Grabarn came across the course, in wheeling his horse, he struck witness with the whip across the eye... It might have been accidental. The evidence of Smith, as given in the other case, was admitted. Mr. Joy submitted that no intention having been proved, no. .assault could be held to have taken place/ as-the • intent was the gist of the defence. Mr. Rees, in reply, urged that o. man was liable not only civilly, but criminally, for the consequences of his own act. The intention :of an act must be inferred from the act itself. His Worship said, with regard to the second summons against Mr. Graham, he was of opinion that the alleged. assault was not a. wanton one. Mr. Graham was doing a public service at the time, and could not be held responsible for what was probably accidental. He would dismiss the case. With regard to the charge against Mr. Hampton, he was willing to believe that it was committed in the heat of the moment. Were it not for that, he should not have inflicted a fine. Under the circumstances, however, he would only fine defendant £5 with costs, not to exceed £10, in default two months' imprisonment. This concluded the business.