THE SUPREME

New Zealand Herald, Volume L, Issue 15233, 21 February 1913, Page 5

THE SUPREME

CRIMINAL sessions.

CHARGE OF ASSAULT.

A BOARDINGHOUSE QUARREL.

The criminal sessions of the Supreme Court were resumed yesterday. Mr. Juslice Edwards presiding. A strongly-built man named John Pearson, a general labourer, who recently arrived from England, appeared charged with assaulting John Doherty, proprietor of a boardinghouse in Railway Street, Newmarket, on December 16. The Hon. J. A, Tolo,-K.C.,'conducted the case for the Crown, while Dr. Bamford represented the accused.

Evidence was given by John Doherty that it was understood that Pearson was to leave the house on December 16, while Mrs. Pearson was to remain. Tho accused turned up unexpectedly at the house- in tho lato afternon, and in spite of witness' protest went upstairs to the room occupied by his wife. Later he came down to the kitchen, and asked his wife to get tea for him, and on the latter refusing threatened "to shake her up." Witness interfered, and attempted to put Pearson out, but the latter resisted, and in tho struggle broke his opponent's leg. ' They fell, to the lloor where .the accused used his fists freely;

™„,„.ued, Doherty stated that lie had not given Pearson any notice to leave on December 16, but it was an understood thing that he was to go on that date.;:;.' Mrs. Doherty, wife of the previous witness, gave corroborative evidence. Under cross-examination she stated that sho did not see her husband strike Pearson, who, "however, when the police arrived, complained of having boon struck. Dr. Williams gave evidence to the effect that ho had attended, to Doherty, who was suffering from fracture of both bones of the right leg, below the knee. At the same time he examined Pearson, who had a slight bruise on the inside of the upper lip. Senior-Sergeant MoKinnon said that Pearson came to him en January 20, when out on bail, and said he wished to make a statement. This statement set forth that' Dohertv interfered between Pearson and his wife. Doherty was alleged to have struck Pearson, who grappled with him for protection. , . Evidence was also given by two boarders at the house and by Sergeant Dale, officer in charge of the Newmarket police station. The defence set forth that on December 16 Pearaoa had a perfect right to the use of a bedroom he rented at the house, as well as to the use of the kitchen. As far i as the assault was concerned it was contended that Doherty struck the finst blow, and that all that Pearson had done was to 'protect himself. Evidence for the defence was given by accused and his wife. ; The case was when the Court adjourned- ' ' ' '