A BRUTAL ASSAULT.

New Zealand Herald, Volume XXXVII, Issue 11430, 21 July 1900, Page 3

A BRUTAL ASSAULT.

THE MAXIMUM PENALTY.

At tho Police Court yesterday, botoro Sift T. Hutchison, S.M., Thomas Dowd, a sea-, faring man, was charged with assaulting Margaret Barnsley, on July 17, by striking and kicking her about tho face and body,. Sub-inspector Wilson prosecuted, and Mr. McGregor appeared for the defence.

A witness named Frank Donz, stated that on Tuesday morning, he was passing accused's place in Wellesloy-strcot, when tho woman rushed out, olosely followed by accused, who caught her and struck her to tho ground with his fist. She got up, and ha again knocked her down. Tho witness said "ho did not interfere because he did not know what it was all about. His Worship expressed surprise that wit* ness did not go to the woman's assistance. Witness said there wero other pcoplo about, and that he did not wish to be mixed up in tho matter. He wont on to slate that Dowd began to kick tho woman, and Ire wont up and stopped him; accused then went away. Throe other witnesses deposed to seeing Dowd' knock tho woman down, and kick her as she lay on tho ground. A man named McAffery said he interfered between them, and sent for Constable Fin* nerty, who arrested Dowd. Tho constablo stated that accused was master of a scow, and that ho and tho woman had lived as-husband and wife for 10 years. They both drank a little, and were continually quarrelling; except for this, the man bore a good character. Tho woman who had been assaulted, gave evidence, and said sho was drunk at tho timo, but did not remember being assaulted in tho inannoi described. She bore no bruises or marks of violence, and had, sinco tho quarrel, been living happily with the accused; who, she said, was " a good man," and had always been kind to herself and her children. If Dowd struck her, sho had brought it on herself. Dowd also gavo evidonco in his own dofence, denying tho offence; and his stepson, James Barnsley, said that Dowd had novel' ill-treated his mother.

Mr. McGregor suggested that tho witnesses for the prosecution had exaggerated the treatment the woman had received; for if tho man had struck her in the way described, sho would surely show marks oi tho blows; he asked His Worship to deal as loniontly as possible with accused. Hi Worship said ho took a far more serious view of tho ease: tho evidence .would have supported an indictable chargo of aggravated assault, and as such the charge should, havo been laid. He was satisfied that a most brutal assault had been committed, which appeared to him to bo aggravated by reason of the dog-liko submission of the woman. Accused was convicted of common assault, and sentenced to tho maximum penalty, two month's hard labour, and ordered to pay tho costs of the prosecution.