Unlawfully Wounding.

Otago Witness, Issue 1813, 20 August 1886, Page 17

Unlawfully Wounding.

Thomas Hannan was charged at the City Police Court on Tuesday last with unlawfully and maliciously cutting and wounding Hugh Swenney, at Otakia, on the 7th irisk^-Mr Denniston appeared for the complainant and Mr Wilkinson for the accused. — The complainant, who was a ploughman, stated that the accused owed him £13, and that an agreement had been made between them that the accused should pay him half the money due to him in satisfaction of tho full claim. Witness met the accused on the 7th. inst. at Leary's Hotel, at Otakia, and the latter said he had not seen witness since he had insuited him by asking for the money. On the same evening, shortly after 10 o'clock, he went to accused's house and asked him for the money. The latter said, " Wait till I get on my boots, and I'll give you your money." Accused then came to the door, and witness felt a blow on his head with some weapon. The blow cut through witness' hat. More than a cup of blood came from tho wound caused by the blow. He had not given any provocation to the accused, except to ask him for the money. — Gross-ex-amined: During the time witness was in the hotel he had four drinks. Several men went with witness from the hotel to accused's house. Witness know that the accused had become insolvent about two years ago. It was a dark night when witness received the blow on the head. He did not kick at accused's door, or threaten to burn his house down ; neither did he ask accused to come outside and have it taken out of his hide. The reason that witness knew the- accused struck him with a knife was because accused also struck Palmer with the same weapon. There was no free fight that night.— William Palmer, who went with the complainant to accused's house, heard the complainant say he was stabbed. Witness said, "If you are stabbed I will see that fair play is done you." When the complainant went to accused's door, a man who was boarding with accused made a blow at the complainant. Witness went up to the door and said he would see fair play. He then received a blow in the face from the accused. — Cross-examined: Witness had laid an information against the accused because Swenney had said if he did not Constable Mackenzie would lay an information againsfc witness. — Claudo Macgregor stated that he heard a noise at accused's house on the night in question, and he went over to see what it was about. He saw the complainant knocking at the door. The complainant and the accused subsequently had a few words, and witness saw the latter strike the former on the head. — Mr Wilkinson submitted that the case should be dismissed, on the 'ground that the complainant went to the house of the accused for an unlawful purpose, and no evidence had been adduced to show that there was anything more than an ordinary row. He admitted that the accused had struck complainant with a bit of iron, but the»accused, ho contended, was justified in doing so. He would call the accused to give evidence. —Mr Denniston objected to this being done, as it was an indictable offence. — After argument between coiiDsel it was decided to substitute another information for the one before the court and to deal with the case summarily as one of assault. — Thomas Hannan then deposed that he was sitting in his own house ou the night of the 7th inst. when he heard a knock at tho door and someone asked for the son of a to come out. Witness' wife opened the door, ami theu the complainant said it was not the money he wanted but he wished to take it out of witness' hide. A general row ensued, and witness hit the complainant with a picco of iron bar of the thickness of No. 3 wire, which was used as a poker. Witness got knocked down, :ind had to be carried into the house. The complainant threatened to hum vilue&s .'outjrr-.'William Abbott corroborated tho ewidoiic^^of the. last witnoß-i. — Tlu» .Boneh ,-jaid, Uwn-iv w-vs j»a.'.floubt that an jiMMiulfe.ntul been wmuttiMed, -and in'flictedaifino ,of, 40s and costs j- in,, default, 14 imprisonment. _ : •-!• j> -■ ' °' '< £ 'iSMIVLI .71. it) QJ H vi :>i! O7O 7 hJia/i*c> .fofrtvr