A SERIOUS ASSAULT.

New Zealand Mail, Issue 931, 3 January 1890, Page 24

A SERIOUS ASSAULT.

At the Resident Magistrate’s Court on Monday, before Mr H. W. Robinson, R.M., Charles Sewell, on remand, was charged with having maliciously caused grievous bodily harm to John Tierney on the 21st, by striking him on the head with a stone. Sergeant-Major Morice conducted the prosecution, and Mr Haselden defended. The complainant, who is a compositor employed at the Government Printing Office, and resides in Tinakori-road, stated that he went to the accused’s house in Lewisville-terrace about 2 p.m. on the date in question to see if his wife was coming home. Accused invited him in, and said he hoped they would he good neighbours. Witness went in and sat down. Witness’ wife, accused’s wife, and another woman were there. Witness’ wife asked witness if he was going to send for some beer, and witness gave accused a shilling to go for some Sewell went for the beer, and they divided it amongst the five of them. Accused was telling witness of a dispute he had had with a blacksmith named Leydon. Sewell said that Leydon had followed him into an hotel, and he (SoWell) was going to strike him with a pint pot. Witness said he ought to summon the blacksmith. Accused said he > ould do the same to anyone who tried to take the blacksmith’s part. He then went into the kitchen. Did not see him return. Witness was sitting with his back to the kitchen door, and accused came back and struck him on the back of the head. Witness thought he saw a sharpening stone in the accused’s hands. Witness only felt one. blow. By Mr Haseld n : Had been convicted of assault. Had not had anything to drink before going home on the 21st. Had told his wife not to go to Sewell’s. Did not strike his wife. Did not remember a kerosene lamp being broken at Sewell’s. Dr Collins stated that he had examined the last witness at the Police Station on the 21st inst. He was bleeding from six wounds on the head, one of which had penetrated through the scalp, and exposed the bone, which was slightly depressed. Thought the whetstone produced would cause the wounds. By Mr Ha'selden : Did not think the wound would he caused by a fall on a fiat iron. Margaret Tierney, wife of the complainant, corroborated her husband's evidence as to his coming to Sewell’s house for her ; and also as to sending for the beer. After the conversation between the accused and her husband about Leydon, the former went into the kitchen, and when he returned he had a tomahawk and whetstone in his hands. Her husband was then sitting on the sofa, and the accused struck him six times on the head with the stone. After the assault witness accidentally broke a lamp. Witness denied that she was drunk.

Constable O’Leary and Sergeant Kiely gave evidence as to visiting the accused’s

house on the 21st, and seeing Tierney lying on the floor bleeding. The accused said he had not committed the assault, and his wife said that Tierney had fallen on the glass on the floor. The whetstone produced was found on one of the shelves. There were traces of blood on it. Henry Skinner, a boy 12 years old, stated that on the afternoon of the 21st he saw Mrs Sewell and Mrs Tierney trying to get Mr Tierney out of ■ Sewell's house. Tierney would nor, go, and he told his wife to go home. Afterwaid he saw the accused standing inside the house, and he heard Mrs Sewell say that Tierney was a low blackguard because he would not go. The door was then shut, and, when it was opened about five minutes after, he saw Tierney all over blood, and he heard Tierney make use of' an oath, and say that “ he would be revenged on that man.” Saw Tierney slap Mrs Sewell’s face. Thomas Leydon, blacksmith, stated that about 3 pm on the 21st he had heard a disturbance in Sewell’s house, and he heard Sewell say, “I will murder you you b b .” By Mr Haselden: Had had a few words with Sewell that day. This closed the case for the prosecution. Mr Haselden asked if the police were not going to call Mrs Carter, the other woman, who was also present, and Mrs Sewell. Sergeant-Major Morice stated that the reason why Mrs Carter was not called was because she had informed the police that she knew nothing about the matter, and had refused to give any information. Mr Haselden then opened the case for the defence, stating that he intended to call the accused, his wife, and Mrs Carter, whose testimony, he felt confident, would convince liis Worship that Tierney’s injuries were accidentally received while Sewell was endeavouring to part Tierney and his wife, who were quarrelling, and that Sewell had not wilfully struck Tierney at all. His Worship pointed out that a great, deal of what had been said would be very suitable as an address to a jury, or if the present Court was trying the case; but as a matter of fact, as the case stood at present, he could not say, after counsel’s remarks, that it would be his duty to dismiss the case. He must therefore formally charge the prisoner, and Mr Haselden could then call evidence if he wished. The accused was then formally charged, and in reply stated that he desired to be sworn. In his evidence the accused stated that Mrs Tierney came to his house about 10 o’clock on the morning of the 21st, and remained there about an hour. While she was there she shared several bottles of beer with witness and his wife. She returned later in the day, and after she had been there a few minutes her husband came and asked for her. Witness asked him inside. After they had been there a little while Mr and Mrs Tierney began to wrangle, and she said he had better send for some beer, which he did. More beer was brought, and Tierney began to row with his wife, and gave her a smack in the face. She fell against the mantlepiece and knocked the lamp off. Mrs Tierney then took up a chair, and as “things were then getting rather warm,” witness tried to part them, and while endeavouring to do so he got one “across the jaw ” from Tierney. In the struggle Tierney fell, with witness on top of him. There was a flat-iron where Tierney fell. They got up again and had another “ go.” The witness swore most positively that he did not use any weapon to strike Tierney with. Had no illfeeling whatever toward Tierney. Had not told Tierney that he had threatened to hit Leydon with a pint pot. By Sergeant-Major Morice: When arrested he might have said that the injuries could have been caused by a flat iron or the fender. Did not hear Tierney say that he would be revenged on witness. Did not know how the blood marks came on the stone. Witness only struck Tierney with his fist. To his Worship : Did not at any time use the words, “ I will murder you, you- .” The accused’s wife gave evidence that shortly after Mr Tierney came to witness’ house he asked Mrs Tierney where the boy was, and she replied he need not mind where he wa3. Mi-s Tierney seemed annoyed, and told her husband to look after his sister in Dunedin. Tierney then knocked her down, and she fell against the mantelpiece, and knocked a lamp over. Witness picked Mrs Tierney up, and when the latter got on her feet she picked up a chair and struck her husband. She also tried to get some glasses to throw at him. Witness. tried to keep her quiet, and Sewell tried to pacify Tierney. When witness turned round she saw Tierney’s head bleeding. Tierney and Sewell were scuffling on the floor. Did not see Sewell strike Tierney. Tierney said he would be reyenged on Sewell. Witness was sober. Jane Carter also gave evidence. His Worship having commented upon the contradictory nature of the evidence, committed the accused for trial. Bail was allowed, the accused in a sum of LSO and one surety of L2O.

ANOTHER ASSAULT. At the Resident Magistrate’s Court on Tuesday, before Mr H. W. Robinson, Jt.M., William Morris, on remand, was charged with having maliciously inflicted grevfous bodily harm upon John Carroll on the 26th December. Sergeant-Major Morice prosecuted, and Mr Haseldei) ap-

peared for the prisoner. The evidence of Carroll, who is a fireman employed on the s.s. Manawatu, was to the effect that on Christmas Day he saw the accused, whom he had known for six years, at the corner of Holland and Tory-streets, when he (accused) told him that he was separated from his wife. About this time witness saw Mrs Morris beckoning to him from one of the houses in Holland-street. Witness went over and spoke to her, and he returned tothehouseatß.3opm.'Shortly after Morris came to the house and created a disturbance. The accused's wife and another woman (the owner of the house) got witness to go upstairs out of the way. Subsequently the accused got into the house and went upstairs to the room where witness was lying oii a bed, and struck him on the head with a bottle, which was broken into fragments by the blow. The accused then went downstairs, and witness did not see him again. In cross-examination Carroll stated that his object in returning to the house was to give Mrs Morris two or three shillings. He denied that any impropriety took place between himself and Mrs Morris. He remained in the house because he could not get out. Marian Lawrence, in whose house the assault was committed, stated that shortly after Carroll came into the house the accused came to the door and said he would murder the lot of them. Afterward he broke a window and got in that way. He then took a bottle and rushed upstairs, .and immediately after witness heard a crash. To Mr Haselden : Had not seen Mrs Morris or Carroll before Christmas Eve. It was not true that she let rooms for immoral purposes. Constable Gleeson, who arrested the accused, also gave evidence. The evidence of Dr Collins, as to the nature of Carroll’s injuries, was taken on the previous day. The accused, who reserved his defence, was committed for trial. Bail was allowed, the accused in a sum of LSO, and two sureties of L 25 each, or one of LSO.