A BACKYARD ENCOUNTER.

Poverty Bay Herald, Volume XXXIX, Issue 12927, 22 November 1912, Page 5

A BACKYARD ENCOUNTER.

At the Police Court this morning, before Air W. A. Barton, S.M.,- John Benjamin Davidge, proprietor of the Strand Cafe (Mr L. T. Burnard) proceeded against Frank Kres (Mr H. -Bright) for alleged assault. Defendant 'pleaded not guilty. • The informant deposed that on, November 11 tlie defendant was leaving, his house, and while he was moving defendant'* box to another place, the latter 'ordered him -to put it down, which he (Witness) i refused to: do. A .scuffle ensued, and- witness was left with 'a black eye/— To Mr Bright : He ipoyed the box because it did not suit him (witness) ; where it" 'Wat.. '

Mr Bright: Did. you attempt to push defendant down the stairs? — ; No, I tried to '-save him from falling down the stairs. ' ' ': '•■

Continuing, witness said he followed defendant down the stairs, but did not' irrimediately close with him.

Robert Leader, fish dealer, said : he saw the defendant strike the informant as he was carrying, a box.— To Mr Bright: He afterwards saw defendant in the yard With his codf off. The informant, was covered with blood.

Tlie defendant, an Austrian, said he had lived at the Strand Cafe for seven months, and he was going to Tokomaru Bay to work on the Tongariro. In-, formant's wife said she wanted the custody of defendant's box before he left. said he would pay his ac'count. He saw informant taking his T.OX, and witness asked what he was doing with it. Informant challenged him to fight him downstairs. They went down, and inforniant rushed at witness. The lattery's head caught informant on .tlie eVe. Th«ty hald a struggle, but lie (witness) did riot strike informants—To; Mr Burnard : He took his .coat off because informant wanted to fight him. .. Allan Bollard, : farm 1 ' laborer, stated ho'«aw defendant hanging to the verandah post,- and the informant was trying t-o push him down the steps, which were very steep. The two men went down stairs,- and witness saw -the informant rush at the defendant. No 'bl6ws were struck. — L To Mr Burnard : He (witness) left the Strand Cafe because the proprietor had suspicions'- that he (witness) had tried to out his own throat.

His Worship : And make a mess of his place. (Laughter.): The Magistrate said it appeared that the* ' parties, 'hakl ttri r altercation.' over a bos;, , and there was no doubt in his mind" that the defendant did strike the informant on the face as alleged. A fine of £1, with £1 7s costs, or four days' imprisonmea*., was imposed.