POLICE COURT.

Taranaki Daily News, Volume XXXXIII, Issue 49, 13 March 1901, Page 2

POLICE COURT.

Wednesday, March 12,—Refcre Mr, R L. Stanford, S.M. ASSAULT CASE. William Barnard \v,.s charged that on March 2nd, at New Plymouth, he did unlawfully assault and boat Francis Peacock Corkill, and the informant ssked that in addition to cny punishment thft Court may iofliet h.r the alleged assault that the said William Bornard find sufficient sureties to keep the peace. Sergeant Stagpoota conducted the prosecution and Mr. Spence, iustruo ed :by Mr. Roy, appeared for tho defendant.

F. P. Oorkill said : I was standing under the verandah at Ambury's corner. Was talking to Mr. James Hine, of Tikorangi. Some one pushed aae and said : now Mr. Oorkill you are blocking the way. I stood on one ?ide and saw it was accused. He wanted to to mo but I said I don't want 10 have anything to say to you. I continued my conversation with Mr. Hine and we separated. As I turned to go along the street I felt a blow from behind whick knocked my hst oft. It was accused who struck m«, He observations which I cannot recall. Mr, Hoby, Mrs. Olark and others were close by. I said to Mr, Hoby, " Mr. Hoby you saw that." I rang up the police to give accused in charge as be i followed me across the street. Some 18 months ago accused made threats to me and I reported the matter to the j police. I anticipate molestation. Cross-examined by Mr. Spence: Wo are not on any terms at all as I have nothing to do with accused. I was standing on the footpath, The usu«l Saturday crowd was about. I beliove people have no right to stand still on tlw footpath. I gave accused no provecation. I did not say you low scoundrel as he passed me. I did not take my hand down from the post in a tht earning manner. I did not push roughly past Mis. Hoby. I put down tha words ho used rs he crossed the street. [Witness hero handed the B<-nuh a piece of paper.] The only remark I isada was that I did not want to hay*' anything to say to him. j To Sergeant pushed in between irie and tho verandah post; there was plenty of room for him to p"ss without doins.' so. Mr. Hine and I purposely prol 'nged our conversitior, because we saw ho was hanging about.

Ma r garet Ciark said : I was standing n front of Messrs. Ambury Bros, and saw Mr. Barnard strike Mr. Ooikill. Mr. Gorki!! had hia back to B'.rnard. I did net heir anything said, and did not pee Mr. Corbil l do nuyfching except pick up his hat. Bernard came along the edge of the footpath. Cross-examined : Cannot s iy if Mr. Gorkill had his arm on thn A!! I S'Uv was Barnard stop up and strike Mr. Gorkill. Mr. Gorkill had Wn •tanding tbnre some time. I heard nothing that was s»id, ind thought it rather a stranso thing for Bannrd tdo. Dmifl Penwardpn was called, but said be did not sea the assault. In witness us,id he had had business with Barn.irJ, who was sober and in good humors. Martin Stegpnolc, sergeant in chnriroof the police at New Plymouth, raid : I>. ] answer to a mi-ssage, ho went : down town on Saturday, March 2, ;>n*l: met the accused, w'-o told him he had ' a'saulted Mr. Gorki!'. Ife paid P. was! not a serious matter. He had s sk~--l Mr. O-rliill to mako room, and ho hud; pilled him a low sconndre', a-:d !»-j (Rarcard) had hit; him a clout on thej *ar. Ho complaire-I Mr. Orkitl had be'-n dogging him a'oas fjr thn past 16 year.'. Cross-ffxainined: Did not think J Birrard wna of a qwarrelsom" na* uro. | Go-.rgo SToby, rasidin'p a' Bell I S'iid: On Saturday, 2nd March, faw | "•>lr. Gorkill brushing passed m-.i. \ B*rcard came behind him and ;'avo| Gorkill a smack with bin hand. It \raf--1 at Ambuvy's ccrnsr. They were a'o.'.ut J 6 feet from mo when Mr. CorkiU got] *:ho box on the utr ; ha and j was excited. Gorkill askad me if I s°.w | it, and I paid yes, es I could not holpj seeing it. " ' Gross-examined: There was a gre.it crowd about. Mrs. Hoby told mo Mr. Gorkill pushed pasaod her. I did not notice accused till I saw the blow. I hoard no words spoken. Tho blow was j eivon with the open hand. Tho S.M. refusod to grant a further adjournment to allow of Mr. Hinc giving evidenee. For the defence, Mr Spenceadmifcted! that a technical assault had be n com • { mitted, but there was a long star!f3io...'| grievance between his client and. 0 rkill, who, hia client considered, al- S' ways adopted a provoking attitude. In j - my esse, the affair was a trivial oho, jj J which would bo met by a eau!km; asp ,» tko MOOttti qUUtttitiß, lie did Wt •

think sufficient ground kid boon shown for binding over accused to keep thf peace. There had not been any threat to justify any fear for the future, and '.his was r? quired to be shown by the Justice of the Peace Act, Mr. Spenc was proceeding to quote authorities when the S.M. said ho was with Mr. Spenco that this was not a case wtr. sureties to keep the peace were required.

William Barnard, called by Mr. Sponre, said: I was in town on Saturday; Mr. Coikill was standing with his firm against ft verandah post. As the footpath was crowded, I «iid "Please let me pass Mr. Oorkill," He lifted his hacd aod and "you low scoucdrel." Thought he was going to hit me and hit him with my hand. I told the sergeant all that toek placs. Mr. Oorkill has been harrawicg me f«r 16 years. I have been j afraid of him for years. I have had 'rouble with him lately over accounts. I liavo beeu 13 years in business and live never been charged with assault before. This affair would not have happ ned but for the defiant attitude assumed by the complainant, I Crois-examined by Sergt, Stappoole. I never assaulted Constable Scully with a leg of mutton. I spoke to Corkill (irs k . I did not say get out of my road, but p'eis-) let me pass. Ar evider.ee of Mr. Oorkill's hostility to me I gathored from the solicitor to the Board that Oorkill indeed on ray finding bondsmen for £IOO on a contract for the Hospital &Dd Charitable Aid Board. He also threatened to punch my head in hie office once.

Witness was proceeding to give further evidence of Mr, C skill's hostility when the S.M. stopped him, saying it was not material to the case.

Sergeant Stagpeole again pressed for an adjournment for Mr. Hine's evidence, but the B,M. refused to grant it. In giving judgment the S.M. said he had lift doubt the assault hid taken placo as Mr. Corkil! had said. Accused would be fiaod 10s aod costs 255,

Sergi, S'agpoole nsked frr expenses for Mr. Hine* but the S.M. refused, spying that he should be fined for not attending to-day. Tha Court rose.