AN ASSAULT IN CHURCH.

Otago Daily Times, Issue 10621, 17 March 1896, Page 7

AN ASSAULT IN CHURCH.

At Balclutha on the 11th inst., before Mr R. S. Hawkins, S.M., William Francis Tubnian was charged with assaultius and beating .Sarah Elizabeth Hannine at Owaka. on the 3rd February. Mr A. C Hanlon (Dunodin) appeared for complainant, and Mr D. Reid (Milton) for defendant.

Mr Hanlon, in his opening statement, said the parties resided at Owaka. The complainant had taken proceedings on the 10th April laat against the defendant with the view of having hioi adjudged the putative father of her illegitimate child, but the case was dismissed. On the 3rd 'February last Bishop Nevill was holding a baptismal and confirmation service at the church at Owaka, and informant was present for the purpose of having the child christened. As the congregation was leaving the church the parties met in the aisle, whereupon complainaut said : " Have a look at your .baby; isn't it like you?" The defendant thereupon struck her three severe blows in the face, causing her nose to bleed. Canon Dodd, who was in the vestry, came out and removed the defendant from the church. He (counsel) submitted that if the evidence bore out his statement a severe penalty should be inflicted. It was true, perhaps, that the girl had been guilty of an indiscretion in speaking to defendant as she did, but still that was no excuse for a big hulking fellow like defendant to strike a defenceless woman with a baby in her arnij. Moreover, to be guilty of such conduct in a church was. an aggravation of the offence. Evidence was given by the informant, also by Arthur Jimes Pennick, Margaret Grace Vial, atad An.de M'Kewan. i

Mr Reid, for the defence, said defendant admitted he had touched complainant with his open hand, but, he did not hurt her, and certainly did not bleed her nose. He (counsel! would be able to show that the informant had given the defendant very great provocation. Before the church service on various occasions she had exiled out and annoyed the defendant about this child, and wben Bho poked the baby in his face in the church he became very angry and tapped her on the face. Tkere was no doubt the informant had insulted and provoked him beyond endurance, and had brought the trouble on heraelt. .

After evidence had been given by defendant and his father,

His Worship, in giving his decision, said that in the affiliation cssb there was not. sufficient corroborative evidence and the case was dismissed, which was, under the circumstances, simply a npnsuit. In the present case he was satisfied that the defendant did not merely give Com.Dlaina.nt a. alicht taD. as he had stated, but

dealt her severe blow. Hia conduct was of the grossest kind. ' The assault wai a'cowardly and violent one, perpetrated on a. fjirl with a child in her arm?. The language which he used, too, although not charged with it, was an aggravation. The defendant might »t le«3t have sh»wn some forbnarancs. He would bo lined in the maximum penalty.- Fined £10 and coals (£4 10s): in default, two months' imprisonment, with hard labour.