MR E. M. SMITH AND THE CARICATURIST.

New Zealand Mail, Issue 1208, 26 April 1895, Page 10

MR E. M. SMITH AND THE CARICATURIST.

In his evidence in the Bayner-Smith assault case at New Plymouth, the plaintiff stated that while he was passing the Harbour Board's office, laden with kits from a picnic party in the Becreation (Grounds, the member for New Plymouth met him and struck him a Wow which knocked off his hat and spectacles. He struck me three blows, to my knowledge, said the plaintiff, the one on the jaw Imrting me severely. I tried to defend myself after this, and got my stick in my right hand. Smith carried nothing. When I got my stick in my right hand, Smith stood off. At this time the saddler, Mr Ford, came out, and I said to him, " Did you see the way Smitb struck me when I had my hands full of these things." Mr Ford replied, " No, I did not; but I heard the row." I went into Mr Ford's shop, and Smith went into a right-of-way opposite. I saw no more of him. I afterwards went to the chemist's arid got some liniment for my swelled face. Mr Smith, in his evidence, said that Bayner accosted him. I said, continued Mr Smith, that I did not mind my political life being being dealt with publicly, but I said that I objected to my wife's name being dragged into a book like that. B.ayner seemed to treat the matter as a joke, and held up hi? stick in a threatening matter, whereupon I, in self-defence, knocked aside his stick, and dealt him a blow under the ear. Mr Govett: Tou say that all this speech took place in five minutes ? Witness : Yes. Mr Govett : Do you mean to say you could say all that took place in five minutes ? Witness: You take out your watch and time me and I'll make the same speech in one and a half minutes. (Laughter.) Mr Govett: Did the book when you first saw it make an impression on you ? Witness : Yes; at the time, and if I had got hold of the writer fi\re minutes after I would have made a deeper impression on him. (Laughter.) The Bench did not mean to say that the assault was justified, but they were unanimously of opinion that there were strong palliating circumstances'. For this reason the case was dismissed. The decision was received with applause in the body of the Court.