EXTRAORDINARY CHARGE OF ASSAULT.

Otago Daily Times, Issue 6092, 19 August 1881, Page 4

EXTRAORDINARY CHARGE OF ASSAULT.

At tha City Police Court yesterday, before Messrs J. Logan and J. Brown, J.P.s, Thornns Wsbeter was charged, on the information of Charles Frederick Martin, with assaulting him on the 17.h instant by presenting at him a loaded revolver. Mr Denniston appeared for tha complainant, and Mr Mncdonald'for the defendant. Mr Denoiaton, wkhout preliminary remarks. w»b proceeding to call the first witness, when Mr Macdou&ld said that it. was usual for tht complainant's counsel to state the case, in prd<r that the ot'ier siriemight be in some way guided as to their defence.

Mr Denniston replied that he was ia no way bound to make a speech. His learned ftiend could read tha infororatior.

Mr Maodonald theu requested the Bench to say wh-ther the case was to be treated as a» iudictable efft-nce; if so, he Bhould not crosß examine any witnesses at that time. Mr Logan : The Bench cinnot say anything about that at present, but yr.u may as wtllt&ke it for granted that it is an indictable offenceMr Macdonald : Then, your Worships, I will aek leave to ere Bs-exninine the witnes.-es, if I elect to do bo, at the close of the complainant's ease.

Mr Denniston said that he should object to that, and after some farther discnasion the case was proceeded with, Caarle3 Frederick Martin deposed that he was cot ai prfsent engaged in any employment. He had known the acensed by eight for shout j three yeare, as he had beon liviug at Mr F.*r [ rester's, in North-East Valley. On the 17tii Sins'., at absut 7 a.m., witness, nt the rfqueat oi Mr Wadaworth, with whom ha resided, was loading hiß horse and oart across a temporary bridge in that locality. Thtre were in the cart Mtß Wadaworth and her son and daughter. Witness left the horse and cart on the town aide oi the bridge, and turned to go homH*rard, first seating himself to remove something from his boot. Ho had only gone a few paces when he mat the accused Webster, who mime. diately took the revolver produced from his breast-pocket, and presented it at witness, Baying he would " put a bullet in his heart." Acsuaed waa with his left hand trying to depress tha trigger, aud wag trembling very much The revolver was covering witness, who immediately bounded under hia out stretched arm, struck him on the cheßt with one hand, and caught him by the throat with thß other. Was about three yards from him when he presented the weapon. Oa being seized the accused dropped his nrm and tried t" replace the revolver in hia coat-pocket, but witness, after a struggle, took it from him When this occurred the accused exclaimed, "Don't mark me about tho face, Martin." Witneßa did not, but administered a good shaking instead, and said he would consider I what he Bhould do with the revolver. Accused theu said if witness would discharge and return it him ho would never present at him again. This ho declined to d>, and returned to Mr Wadaworfch's house, where he had been staying for tha last few weeie. Accused followed him t within a Bhort distance of (,he gate, still asking for the rovi'lver. Whea witn6Eß got inside th> gate he examined the weapon, and found it loaded, a* now produced, in five out of i's six chambers. Canitt up to town and laid an information. On a former occani'in, less than a mouth a.^o, the accused presented a revulvr-r either at witness or Walter Wndsworth, who accompanied him, using the i»mo words—"l will put a bullet in your heart." Ha ha i als. Borne months ago threatened him with a loaded j whip, swearing he would take witness' life. O» that occasion he was prevented striking by Mr John Wadsworth. Mr Macdonr.ld declined cross-examining the witness at this stage. 1 Walter Wadsworth stated that on the morn j lag in question he was looking for the com plainant, when ha saw accused some little ■ distance in front of him stop and " fumble in his breast," He immediately afterwards stood \ with hii arm stretched out, and witness thori i saw Martin spring under hia arm and closi' i with him, as though he held him by the throat 1 They then began struggling for the possession |of something—witnfßS could not see what, hut when Martin joined him directly afterwards he had a revolver in hia haud. Tbs

noouacd h.v.i previously pointed a revolver at ithor wifcoesa or Charley Martin, eayiug. "Stsr.d hack, or I will pat a ball in your heart-" Ha w:ib oh horsebcok at that titna. Lartie Forrester deposed that she had lived with her mother, Mrs Forrester, at North Ewt Valley for the past two days, and pre viously tn that at the house of a Mrs Brotte. The accused (Web.ster) was living at her oaoihsr's house. Witness bad heard him allude to Martin, and threaten to "blow his brains out with a revolver " He had also Baid that if Martiu did not leovs the Vailey quickly

ho would "make him drive out for tna las! time." Thia w.is five or nix months ago.

This closed the oaso for the proaeoution, and Mr Macdonald thea said that he wonM cross-axamino the witnesses, with the view to inducing the Bench to deal with the matter summarily. Mr D-nniston objected to this, and urged that his learned friend could have done so at the proper time. Mr Hacdjnald said that he had understood the Bench to accord him peruiis&i&n to take this course, and he had abstained for that purposo. Mr Logan said that no such permission had beeu granted. Mr Macdonald : Then do I understand that [ am precluded in any way frnm oroaa examination of these witnesses? It is mos; unfair to the defendant. Mr Ligan: Do you know of any case in which it lisa been done? You hive only one chance. You may have misunderstood us, but we cannot help that. You could have cross.■xamined them as long 88 you liked.

Mr M»cdon»ld: Well, I certainly did not understand it. I will aak the Bench to pat on? jor two questions to the previous witnesses which T think very important. The complainant, recalled, stated that it wac about half-past 7 in the morning whan he led the horaa and cart acroaa the bridge, and on returning be Bat down on the left-hand aida of the road eoms 20 yards from the bridge. H> !cauld have beon Reau by anyone coining down [one vide of tho road. The apot was about a couple of chain? from Mr Wadsworth's houae. At this point Mr Denniston interposed, and aaked that it might not be stated in the depositions that thsae questions were put through the Bench, as they were not. -Lhe Bench had not asked one of them. Mr Macdonald : I am addressing my questions to the Bench, and if they do not repeat thorn it ia not my fault. Ido not want it to appear 88 my cross examination, for I hare not been allowed to make one. Witness then continued, in reply to the Ben"h: The tufsla took plaoa in abont the middle of the road, i cnnld not say which way we were facing in the straggle. Mr Mandonr.ld: It is if great importance that the B'ticli Bhould sse tha pUe« described by thia witiie-s- I therefore esk them to accompany him there.

Mr Logan: Yon can taka the jary down if it comes before them. Mr Denniston said it was a request that had never been made before. ~ M r Logan: We'could not fix it if are went. Mr Macdonald: Iwftntyou to go, andletthd witness try to fix It , ■ : Mr Logan : Even if we v/era to put In pegs it would be of no use. Mr Macdonald: I don't want your Worship to put in any peg at all. I should think the Bench ought rather to try and assist the defendant in a case like this, than put obstacles in his way. ......-..,■ Mr Logan-: I will not have any remarks of that kind made. You Bhould know your duty as a. solicitor better than to impute any such motives to us. Mr Maodonald: I am not imputing any motivea,

Mr Logan : Well, you are going too far. Mr Macdonald: Do I understand-that your Wortihip3 rtfuao to go with the witness ? Mr Logan: Yes. Can you give ns any authority for cuch a thinp from the beginning of the world to now ? You shonld fix it by evidence. Walter Wads worth; recalled and interrogated through the Bench, stated (hat he went ■ - down towards the bridge because his father :-s told him to' go and see where the oart-WM.'-•-The oart left the house at about 7 o'clock. At thu time of the struggle witneas was standing about three yards from his own gate, inside the fence. ' ■■-■■-..,.-.■-■ Mr Macdonald then asked the Bench upon what grounds they found it was an indictable' uffenoe—whether as an aggravated assault or not. ' "' ' ixr' Mr Logan: Oh, we cannot answer that. We' ehall send it up and let them treat it M they like. Wa are not hero to weigh tha evidence. ■ : Mr Macdonald: Well, will you say under what section it is laid? I submit it is not indictable. In what respect is it? Mr Logan: Ob, we iook upon it aa indictable all through. Let them make what they like

Mr Macdonsld: But I submit that it is pre. judging the case- ■ Your Worships have not heard my defenco; and if yon will say under what section itbecomesindiotable,! will argue the point; and-show your Worships that it should tie dealt with summarily. . ■ : Mr Donniston then mentioned one section under which it would came, and • ' Mr Macdonald said that if the Banch would say that they regarded it an indictable under that section he would argue the matter"/ as he maintained it was hot;' '. " " . . .;' <•••>—■* Mr Logan: We are not bound to jay;," He' baa presented a leaded pistol, at any rate. Mr Macdonald: If that is the only ground I will nrgue it, and show that it ia not indictable. This ia tbe first time I ever saw a man tent before the Supreme Court without knowing wby. Under what faction is it ? Mr Lngan : Oh, if we commit him you may be iu-e it is nil right Mr Denniswn said it was new to him to hear that threatening a man's life with a loaded pistol wan not an indictable offence. Mr Macdonald : The Bench say they find it to be so, but do not Bay why or how. If they a ill say it is under the Beotion you mention I svill argue the p&iut.' Mr Lottan : I think this ia all very irregular. Mr Macdonald: Itisvery important to the defendant, your Worship. '" " " " The aceußed was then committed for trial, bail being accepted in bis own recognisance of LIOO and two sureties of X.50 eaoh;.