ALLEGED ASSAULT.

Poverty Bay Herald, Volume XXXIV, Issue 11125, 26 July 1907, Page 2

ALLEGED ASSAULT.

Jas. Lesl.e and Robert Leslie were charged at. tho Police Court tliis morning with tliat on July 18th, at Wharekopae, they did assault • ne John Middleton, so as to cause 'him actual Bodily harm. Mr Stock appeared for the prosecutor and Mr H. I " Bright 'for accused. "■'■..■>■ - V John Middleton, roadman, employed by" the County Council, stated' that on tlie 18th inst. lie, was -working on tlie upper end of the Wharekopae road. He saw the accused on that date, and also oh the day previous, when-he saw them committing ci breach of tlie County by-laws, by driving six horses m a spring waggon, having, only,. 2£ inch tyres. Witness told them they were committing a •' breach of tlie by-laws. Robert Leslies denied it, saying "I have not got six horses m." Witness saw the accused the 'following morning on tlie same road, where he wa s working/ Both accused were> driving waggons. When they came up to Witness they stopped, andi Jas.V Leslie bid him "Good morning;- how, are things this ;moini!o|g?" Witness/ replied, ' "Fair to medium." Both "accused, got off their waggons,- and - Jas. Leslie took off 'his coat, arid' said to witness, "What have you got .to say about me?" Witness replied that he didn't know 5 what he meant.' JasLeslie then caught him oy .tl_e> throat, arid Robert caught him 2 by tlie legs. Jas. Leslie struck witness 'on the jaw. with his fist, saying, ._ "He would teach him to tell Hammie Morice that lie .^roiild take him with six horses."* T3ie accused then threw him from* the bank into the gutter. below; about three or four yards. : /'The accused again caught Iran, by th© throat and legs, and Robert put liis knee on witness' stomach, and pa d to his brother, "Let me kill the .'— — -, let. me kick the - — — 's ribs in.'' James said, ."No, we must hot kick," andVwhile tney were talking to one another witness got 'away. . James had his hand on witness' tljfoat all the time h© was on, the ground, 2 arid was pressing fairly 'hard, which .caused his throat to bleed) ins.'dcv When James objected to Ms brother kicking, tliey began ' to _ouffla between themselves, and witnes s got" away.: The accused foßowed , him about half a chain, and asked hirii.to coins back and fight./ Accused then jump ed on tlieir waggons and said they would go along and catch the next — -, the mailman. Thb firet person witness saw after the assault was- Frank Parker, a packer. -He next saw Geo. Robb, to wliom he complained, and showed .'his- injuries. Witness was not able "to do any. thing tliat evening, m consequence of the assault. Witness came : down tlie following day and consulted Dr. Coker about the injuries to his- throat.— By Mr Bright : There was no. ill-feeling between the 'accused and- himself; there had been no angry words before the assault. ■.'. Geo. Robb, carrier arid mail contractor,Ngatapa, said he met)' the' accused' on the 18th inst. at the, Wliaxekopae store. Tliey had their waggons outside- the store, but did not know m what direction they went away. Witness also saw Middleton 'that day .at his own -house. Middleton complained to witness, and showed lum some injuries he liad received. Witness: saw a riiark down nis neck, and when he opened his mouth -witness noticed his throat appeared to be discolored. The accused, who reserved 2 their defence, and pleaded not guilty, were committed to trial at the next sitting of tlie, Supreme Court. Bail was allowed, themselves m £100 each, or two sureties of £50. on condition that they kept away from the prosecutor.