ALLEGED ASSAULT.

Colonist, Volume LV, Issue 13843, 15 October 1913, Page 3

ALLEGED ASSAULT.

A FISHERMEN'S SQUABBLE

William Surrey, of the Port, was charged with unlawfully assaulting Philip -Grossi by striking him in the face with his fists.

Mr Maginnity appeared for the complainant and Mr H&rley for the defendant. Complainant, a fish or man, stated, in evidence, that on Wednesday, the Bth October, he and William Reid were sitting talking at the Port, when defendant came up and said, "What are you knocking my gear about for?" Witness asked what he meant, and defendant followed by using insulting language. Defendant then struck him two Wows in the face, and challenged him to fight. He had never touched defendant's net. The blows were severe. He gave defendant no provocation whatever.

By Mr.Harley: He denied that ho had been "throwing off" at defendant for some time past. They used to barrack each other, but ho had never talked behind his back.

By Mr Maginnity: His nose was bleeding freely, and ho had his fact., bathed at the Port Police station by Mrs Tonkin.

William Reid, a fisherman, gave corroborative evidence in regard to "the assault, and said he was so close at the time that the blood splashed on to his hands. That day Grossi did not give defendant any provocation. By M,r Hurley: Ho had heard the "throwing off," and had heard defendant threaten to Lit Grossi. ;

Mr Harley: It's been coming, then?; Witness: "Yes; ho got it. (Laughter.) Thos. J. Harford, master tailor, stated that he was at the Port on the day of the assault. He did not actually see the blows struck, but he saw Grossi bleeding about the face, and defendant dancing about with his, coat off. . " ■, .; . V For the defence Mr Harley said he^ was not going to deny that (Jrossi was struck by defendant;1 but ho contended tUat defendant had been provoked; and thercase should be.dismissed: • ;

Defendant, in evidence, «aid he was told by Benson that Grossi.had emptied his net, so he went to see Grossi about it. He denied using any bad language, and when he asked Grossi why he dropped his net he -replied: "What of it?" He repeated the question, and getting the earne answer he gave him "What of it." (Laughter.) Grossi had been in the -Habit of "throwing off" at him, and he had warned him there would'be trouble if he persisted. By Mr Maginnity: Complainant had bean looking, for trouble for some time. George Benson stated that Grossi knocked the net down, but he did not think he did it on purpose. Alex. Thompson stated that he knew Grossi had been tormenting defendant for some time past. If the remarks had been directed at him he would have taken offence. , ■ • . , ; . By Mr Maginnity : The "throwing off" was more than chaff. He had never heard Surrey "tErow off" at Grofisi.i The Bench said that they were quite ■satisfied that an assault had been com--mitted, and defendant would be fined £2. with costs £ 2 2s. \ An application by Mr Maginnity that, complainant should be. paid half the fine was not entertained. •-...