MAGISTRATE'S COURT.

Poverty Bay Herald, Volume XXI, Issue 7061, 22 August 1894, Page 3

MAGISTRATE'S COURT.

[Before Mr Booth, S.M.] UNLAWFULLY WOUNDING. MtJM Scan, a Chinaman, was brought up^on remand, charged with having, on the 17th inst. at Gisborne, unlawfully wounded one John Henshaw with a knife. Sergeant-Major Moore conducted the case for the police, and Mr Finn (instructed by Mr Jones) appeared for the accused. Mr Jack Home, of Napier, acted as interpreter. All witnesses were ordered out of court at the request of Mr Finn. John Henshaw said he was a butcher residing in Gisborne, and was in the accused's shop on Friday, 17th August. Two other men went into the shop with him, Frank Hooper and Fred Mark, but they went out again. He went to get some peanuts, and asked the accused's mate for the peanuts. Accused was not present then, but he saw accused afterwards. Ah Lee supplied him with the peanuts. He did not pay for the nuts but thought Hooper had paid for them. He was not asked for the price of the nuts. When he was leaving the shop he Mas stopped by Ah Lee, who pushed him back into the shop, bub witness did not know why he did so. The door was open when he was about to leave. Hooper was then on the footpath. The accused, as well as Ah Lee, were both in the shop when he was prevented from leaving. He pushed witness and a scuffle took place between himself and both the Chinamen. He did not know what part the accused took in the scuffle, as he was very excited at the time. The Sergt.-Major : Did you got any cuts on the head while in the shop ?

M# Finn objected to the Sergt.-Major putting leading questions. It was the duty of the police to obtain the evidence, and not to force a prosecution. Witness said he did not remember having cuts on his head when he left the shop.

The Sergt.-Major was proceeding to examine the witness as to the wounds he received, when Mr Finn objected to the way in which the questions were put. His Worship said the Sergt.-Major was in a very awkward position. The witness either could not give evidence, or was unwilling to do so. Under the circumstances the Serejeant must endeavour to obtain the truth as beat he could.

The Sergt.-Major: That is what I am trying to do, Your Worship. Mr Finn said that this was a private prosecution between the prosecutor and the accused. It had been held that it was not the duty of the police to prosecute in private cases except in case of felony. However, he did not object in the present case. Witness, continuing his evidence, said he had his head bathed at Mr Maynard's, and afterwards was taken to the doctor's. The hat produced was the one he wore when he entered the shop. It had not a cut in it then as it has now. There was no hole in it before be weut to the shop.

To Mr Finn : He asked for aixpennyworth of peanuts. Frank Martin and Hooper might have been Btanding at the door. Ah Lee supplied the peanuts and handed them to him over the counter. Hooper and Martin were near the door. He remembered taking the peanuts up in hiß hand, but be did not pay for them. He did not remember attempting to leave the shop without paying for them. He could not say if the hack door of the shop were shut. Hooper and Martin were in the shop with witness for a few minutes, and they were then talking together. He did not remember Ah Lee asking for the money for the nuts, nor did he recollect offering his watch as security for the payment of it. Hedid not remember going out of the shop and being brought back again to pay for the nuts. He did not remember Btriking accused on the forehead with his fist. He did not make the mark upon the accused's forehead. He did not remember taking up a two pound weight and striking the accused on the head with it. He did not remember the accused lumping on to the counter, nor did he see the knife produced on the counter. He did not take it in his hand. He did not j recollect rushing at the accused with tie knife. He did not remember the a^nsod catching hold of his wrist when he had the knife in his hand. He did r.ot licciliect Ah Lee running for the police, nor dil he recollect what happened when he returti'd to the shop. He wa» excited on that tf ;.;. He had been in Giaborne about a fortnigh,. He had no free fights during that time, neither had he knocked any persons down n<;r struck anyone with his fist. He had beea perfectly sober durinc the week he was in '"jisborne. He returned^ to Gisborne on the IJrb, and on Thursday he was drunk — or a leatt he wasn't drunk, but pretty well that way. He had as much drink as he could cftry when be went into the Chinaman's shop on Friday, and did not remember what happened. On the Thursday he went, out fur i drive with some friends, and had a real g»od "spree." He had not assaulted anyone during the preceding two days. He remembered being asked to swear the infot mat. *ju. He told the Magistrate's clerk that, hi was so drunk that ha did not know whethf r the accused had struck him or not. Ho \M\ not particularly examined the hat pi-cHii jd. when he bought it in Wellington,

but it had no cuts in it then. The cut doee not extend through the silk lining of the hat. He did not know how the cheese knife was broken. If the knife was trodden upon it would be likely to break in three pieces. He had oot suffered very much from his woundf, and was walking about the streets very soon after they were inflicted. He did not feel very much the worse for them. He did not remember driving his head through the window when he came out of the shop, but he might have done so. He had no ill-feel-iug against the Chinaman, nor h»d he seen him before to hi» knowledge. The Chinese were a most peaceful race. They would not commit an assault without provocation. To Sergeant-Major Moore : He remembered on Saturday last swearing the information against the accused. He wai sober then, and knew what he was doing. To the Bench : Hooper and Martin must have beeu outside the shop when the assault took place. His Worship: Where is Hooper? The Sergeant-Major said that Hooper was here last Saturday in Court, but had since left and gone into the country. He had Hoopers statement. His Worship : We cannot take that — we must have the man himself. It seems strange the principal witness should not be here. Mr Finn said he would also have something to say upon the absence of Hooper. The Sergeant-Major Baid perhaps it would be necessary to apply for a remand until Hooper was found. In answer to the Court, witness Baid he had so much liquor that he had no distinct recollection of what took place, and beyond seeing the accused in the shop he knew nothing further about the proceedings. Alfred Budd said he was a restaurantkeeper in Gisborne, and knew the shop occupied by accused. About a quarter to two o'clock on Friday afternoon his attention waa directed to the shop. He was standing at the door of his own shop when he saw Frank Hooper and another man laughing outside accused's shop. Witness called out "What's the joke, Frank, let's into it." " Oh," he said, " we have got one fellow iv pawn here." Witness then walked towards them, and at the shop door he saw Ah Lee standing at it with his arm stretched across the opening. Prosecutor was a couple of yards behind him inside. He appeared tv be fumbling with his pockets. Witness said " There's not much joke in that," and turning away, walked towards his own place. When he got as far as Mr How Chow's he heard a door slam, and returning saw that the accused's shop door was closed. Witness said to Hooper, " What's up now," and looked through the window which was screened with gauze. Henohaw was leaning with his back to the counter, and it seemed that one of the Chinamen was punching at him with his fist, but he could not tell which— while the other was standing over him on the other side of the counter. This one was raising and lowering his hand, but he could not see whether there was anything in it. Witness made a rush at the door, bursting it open. Ah Lee was in a very excited state, and the accused was standing a little farther away. A crowd then gathered and it was difficult after that to see what occurred. Someone picked up a piece of broken steel. Heushaw appeared to be stupid, and under the influence of drink. He saw Henshaw's brother come and take him away. The Sergt.-Major: Did you notice any blood ? Mr Finn protested the Sergt.-Major had uo right to put leading questions. The Bench upheld Mr Finn's objection, and refused to allow the question to be put. Witness : The police were rather late appearing on the scene. Witness noticed that Henshaw had a hat on when he was in the shop. He did not novice anything else particularly. To the Bench : He saw a window broken, and saw huw it was broken. Henshaw hit one of the Chinamen, and knocked him through the window. Mr Finn : Henshaw wns sober enough to do that then. The Bench : No. The evidence of Henshaw shows that he was " wined, ' and the witness said he seemed to be drunk. He could not be said to be sober. Mr Finn stated he did not intend to crossexamine the witness. John Powrie deposed he was a carpenter in Gisborne, and saw the accused at the time of the row. He opened the door, Quong Kee being there standing at ifc. When he went in the accused and Henshaw were in the shop. Accused was standing over Henshaw, and appeared to be hitting him on the head with something. He could not see what he was striking him with, but it was not a long weapon, whatever it was. He dragged Henshaw outside the shop, and then noticed cuts on his head. The knife (produced) would be about the length of the weapon accused appeared to have iv his hand. He picked up the broken knife and gave it to Constable Law. It was cloße to the end of the counter. He should think the knife had been recently broken. To Mr Finn : He knew Quong Keo, but not Ah Lee. He identified the chinaman whom he had called Quong Kee, as the one who was known as Ah Lee, but did not know he was not called Quong Kee. That was the name he knew him by. Henshaw was apparently striking out at the accused, who might have had a short stick in hit) hand for all he knew. It would not bo a bunch of bananas. He was the only one who went into the shop and pulled Henshaw away. The door was not burst open. Ah Lee opened it and held it open with his hand. Witness took hold of his hand and removed it from the door, and then went in. A safe was at the end of the counter, and it was from that he took the broken knife. Mr Budd pointed it out to him. Henshaw appeared to be the worse for drink. Witness was not acquainted with him. Henshaw was bareheaded. Witnr 88 noticed that Henshaw was bleeding, and was about to take him to the doctor when. Henshaw's brother came up. Witnesß saw Henshaw break the window with his fiat, but did not see the accused strike him. Witness did not know at whom Henshaw directed the blow, but saw his fist go through the window. He saw broken eggs and peanuts in the shop. ; To the Sergeant-major :It seemed to him that Heushaw had his hat off, when the Chinaman was striking at him. Constable Law deposed that on Friday afternoon he saw the complainant, whose head was covered with blood on the left side, also hiß ehirt and collar. He saw two wounds in his head, one at the crown and the other at the side. Henshaw's brother came up and took him to the doctor's. He then made enquiries as to the row, and then arrested the accused. The centre portion of the knife was given to him, and he looked about for the remaining piece, which he Boon after found near the door. (Left Sitting.)