CONVIVIAL CARRIERS.

Oamaru Mail, Volume XXXIX, Issue 10843, 14 August 1911, Page 4

CONVIVIAL CARRIERS.

A'BREACH OF THE PEACE

Two raineis qiuuidled on Satiiiday. Juh -21 A.>, a 11 suit, Edward Gecm was charged this tnoimiig with behaving in a threatening niannei, with m-, tent to piovoke a bieach of die peace also with having assaulted David Mark The chaige ot assault was hoaid fust. Geen pleading not guilt> and being beiended binilr Hjoiimg,, w > Mr T - HutphisQn SM {,was on "the^. ( Bench. Davul Mark, cainei, of Oamaiu.said tlie accused Geen was another oarner On the afternoon of Satuidaj, July 29, witness and accused met 111 the Empire Hotel Witness was having a dunk with two men named Huntoi and Gunning, when accused came- m and tripd to get hold of Huntei's glass "Witness said to Huntei, "Throw it ovei him Dawhal \ou like with it, but don't give iit-,to,hmfe: ! s?hfn Miss,£uit .told theiri wprfe-jJqiy} witness 'vvekt outßidP.\ When,he 'gob-'outside he iound that aroused had gone out' bv I anothei door. Accused without saving an j thing hit witness on the right cheek -bone- and knocked him down While down on the ground he could, feelknocks about the face, but did n<}%£enie,n\ber am thing else till he found himself in Williams' Mait He was bleeding fiom a cut 111 the head, which had required two stitches m it Witness, when struck by accused, made no attempt Jx^ - ' /VH.^ saw,*G#n eaVlier half-»pasfc"two tram-and had with him about taking goods which belonged to witness. He did not call accused a thief, but accused struck him twice Witness was in the Empire Hotel before-Qeen. pji\r\ s ~ Mr Hjorrmg You bad- hqani having some whiskj before*then° —>A little/ How man> drinks had jou had 0 — Oh, about thiee I And how manv did vou have 111 the Empire ? —Oh, only a part ofwonc, v •_«.* What size were the drinks o —Oh, just average nips nips are oijj In farthest f ross-e\amination., witness said thaljj&unnurg wasv not? perfectly sobei but lathei muddled --After washing the blood fiom his face, witness v cut up the stancase at the bac kof the Enipye,J>but Jie iwas not.tiviug to getfj 'anav the police When thev asked him to, he came down and told them w hat had happened v John Hunter.,, carreer,-, said that, h.e, in company with 1 Gwunng and Mart, went into the Empire to have a drink While they were 111 theie Geen came in and asked witness for half his whisky Mark said_, "Thow it over him/' or words to that effect Geen and Mailc started an argument and witness left the hotel because lie saw there was going to bo a row ' The Sergeant Bv the wav, wheie did all the wlysLy come v fiom°jr-Gnnmng had a bottled , *-, ;* , To Mr Hjorring Theie was no "reference,, in the r hotel ,to the afljernoon'j quarrel.*"' tartness* saw % the v quaVrel 'n the .af&ernMn/j vvhen Mark cajlled,(ieen a thaerT When'witness left" the'hotel the two were neai the fighting stage. George Gunning, baker, deposed to Having asked Huntejv and Maik >ntj the to have a drink ,Geen vas not t thei;o- wihpnVtJiay and fitness did not,,,see •'h-im. coaie jii aftexvi ards Geen and Maik were having an argument, but when witness got into ih° nght-of-way^,the ( two .of; err> si fojio, j anathei, \\ itness got in between.'Jthem and was trymg to keep them quiet v\ hen ( someone_told Imn.v.'UHfiet out of tlie w ay, or he would be in By that timo theie weie a number of spectatois aiound W r i*ness took advice and got out of t*io way. if,He, did not seo any* blows stfuo-K wJnJIp kp*sga.s 'Jioldmg's Mark.. j'Theie was. .bloodsKon the side of Mark's ho-itf" at the time

Were they Loth solmji ?—Well, s they weien't drunk. To Mr Hjorring Witness was quite, capable. How did you get homo that night?— Oh, all right. "I ~ _ T '

Walk?— Yes. . rt , Sure of it?— Well, I went'ma hansom . l, v n i, v -• -. i. «-. c-i '-' *= Continuing, witness said that lie dij not take much nonce ol m the bai He did not think Geeji. a,nd Miik -were near a hghling stage Frank Q Williams said.thaf the Jirst s he saw of ithe tioublc vas seeing two' men, Maik and Geen, comcout of-the Empne He thought came out by different doors. They appeared togo' into Thames street, and there was a scuffle. Mark fell against, .the,-.south wall of the. adjacent fish shop. 'While lie was getting up Geen struck him two or three blows on the face. Then a third man came out of the Empire, and held Mark round the waist, and while he was..holding, him Geen strnek Markagain. Witness, went, into, 'the".pflip'ig,; and ,when lie came out again, saw Geeji. pushing Mark down\ the riglit-of-wayi Mark went into the auction-room, and.: Geen was ordered out of the rig/it-of-wa.v by Mr Williams. „..,,,,,.,, William Bel], cab proprietor, said that from his cab, thp..,i;jght a of-way, ho saw Mark and another'ihaii conic out of the Empire followed, by G-een. Geeri struck Mark; knocking" him down and then kicking him. . While the other man was holding: Mark,. Geen . struck him several times.

Millon Augustine Peart, carpenter, said the first he saw of the disturbance was a baker endeavoring to keep Gfeen. away from Mark. , He had hold of Mark' by the collar, and while in that position Ciocn made several upper cuts at Mark. Witness called, out to .the, .baker to ■•'letMark go. The baker'did so and Mark fell down. Geen kicked him. Mr Hjorring. said.'.his defence' would be one of provocation in the bar. 'Geen would say that the two came out of the same door, Mark dragging him out by the throat. While coming out Mark, slipped over the.two steps of the hotel.'and fell. He acknowledged striking blows, but denied the kicking. Edward Geen said that at the 2.30 express ho had a bit of a quarrel -with Mark, and Mark called him a thief. Later he went into the Empire and. was asked by three gentlemen " from the country to have, a j glass of whisky. Gunning was hf there, and later Mark came in and called witness names. Hunter advised witness, to- duck out, and went himself. Mark without saying anything mo;re made a dive at w.i't--iie's's' throat and' dragged him through two doors to the right-of-way. They both tripped on the steps, and Mark, after hitting. against the north wall, came at witness again, and witness hit .him two or three times. He did not kick him at all.

His Worship said ho was quite satisfied there was an assault of rather a serious character, and from the evidence of disinterested witnesses lie came to the.conclusion that the alleged provocation had not been proved. Accused would be fined £5 and costs £2 Ss, in default- one month's imprisonment. _ Fourteen days, would be allowed in which to find the, money. The. charge, .of pausing . a -'breach of the peace was /withdrawn by'the police.

In the Supreme. Court at Dunedin on the 11th ihst, his Honor, Sir J. S. -Williams (jn Chambers) granted.probate of the will of Christina M'Leah* deceased, to Mr John M'Lean, the executor therein mentioned, on the application of Messrs Lee, Grave, and Grave,