ASSAULT IN A CIRCUS.

Temuka Leader, Issue 1437, 5 December 1885, Page 3

ASSAULT IN A CIRCUS.

At th» R.M, Court, Tinia?u, yesterday, the assault caao Q-odby v. fttoodley and Kennedy .was heard. Messrs F. LeCrer, anu B. O. Sterioker, J.P.s, wero on the Bench. Mr Pe.rn'y appeared for the complainant and Mr Salomon for the defendants,

M. J. Q-odby, complainant, Paid that on the day in question he attended the circus with his wife and Mrs Bristol. He paid for himself and patty and they were Bhown to Beats. They went to the second tier first and then ho moved to an upper tier. He, for convenience sake, jumped down on the ground, and stood between two tiers looking on and talking to his party. While he was in this position hit coat was pulled from behind, and he was was asked what he was doing there. He replied, "Looking on at the circus." Thereupon a man accused him of having coma under the oanvas. He denied this, and som? man surrounded him and insisted that he had. Stoodley then ordered his men to turn him out, and he was actually expellod fie.ro the tsnt. Subsequently he asked Stoodlcy to apologise, but the latter would not, and h« (witness) fetohed Inspector Brohsin. They could not gee defendants, however. Aftestheolose of the parformanoe hs saw Sfcoodity, who said he oould not apologise, as he (complainant) had no right where h<s was. He (complainant) waited till the Monday morning for an apology but none oaroe. To Mr Solomon: I was stonding on the ground behind two tiers of seats on which people were seated. The proprietor of the circus told me I had no right where I web as there were ladies on the scats. Stoodley ac. oused me of crawling under the canvas. I. received the letter (produced) from Stoodley. My.solicitor has it, I take the letter to refer to what he said to me.

In re- examination the witness said th at Alex. Eeid wished to help him, but ho aeked him not to do bo. The doorkeeper informed him that ha had told Stoodley ha (witness) had paid. Inspector Broham having given evidence*, Mr Solomon said he admitted the facts, but submitted that the information was bad, inasmuch as a question of title was involved. Defendant told complainant he had no right there, and the complainant had retorted that he had. By Seotion 181 of the "J.P. Act" the Bench would Bee & question of title must be specially considered. The Bonoh declined to entortain the objection.

Mr Solomon, addressing the Bench, Dointed out that defendant had bees very hardly dealt with for merely insisting on bia right. He had been put to trouble, expense and contumely ; he, a poor man, had been drugged away from, his business. As Mr God by did not get an apology ho determined to have his revenge. He called Charles Stoodley, defendant, who said he paid for the use of the ground at Timaru. He remembered Mr Godby being between the seats. It was reported to him that three men had crawled under. Ha was dressing at the time, and he ordered his men to put these three out. Two ot them ran away, and complainant was pointed out to him as the remaining one. He ordered them to put him out. Whtn be was put out Mr Godby said he was a "respeotable oitizen," " a gentleman," etc. Kennedy turned him out, not witness. Eeid was there, and he offered to fight ©verybody, To Mr Perry : I did not hold up the oanyes while Godby was put oat. A man named Anderson held it up. I don't think people have any right under fcho benohes, because there vraß ladies on the seats. I did not take any notice of the affair. It is of oommon occurrence. We nave to put people out every night almost.

Ths Bench after a short retirement said they would not consider the question of title. They had to deal with matters of fact, and on the faotj brought forward they would fine Stoodley £5. The oass against Kennedy would be dismissed, he being an employee only. Mr Solomon requested their Worships to draw up a conviction, and furnish him with a copy of it, as he intended to seek prohibition, as provided for by Seotion 266 of the " J.P. Aot."

It was finally ordered that the Olerk should forw&rd such copy to Mr Solomon and that the amount of the fine should be paid i nto Court, pending the issue of tha prohibition appeal. The Court than rose.