SUPREME COURT.

Taranaki Herald, Volume XLIX, Issue 11785, 7 October 1901, Page 3

SUPREME COURT.

THIS DAY.

The civil sessions were opened on Monday, when His Honor Justice B. T. Conolly.took his seat at 10 o'clock. -' •

CLAIM FOR DAMAGES. Robert Wright v-., William, Tompsitt. Claim, £400' as general damages. The- claim' set out that on March 28 last the defendant, 1 the landlord of the Urenui Hotel, did assault the plaintiff as to cause the plaintiff bodily harm, for. Which injury the plaintiff now claims the above-mentioned damages. Mr Samuel appeared for the plaintiff, and Mr Southey Baker for the defendant.

Mr Samuel opened the case. He said the papers simply set out that the defendant had^ assaulted the plaintiff, fnflicting a serious injury tojthe plaintiff's nose, for which the plaintiff claimed damages to the. extent of £400. The statement of defence set out that plaintiff had previous to March 28 visited the defendant's house on various occasions, and had been insulting in his conduct. This, counsel contended, could not be taken into account,' as it was not specifically enough stated to jnako these alleged charges of insulting 'conduct part of the present case. The defence then further set out that on March 28 the plaintiff again misconducted himself in the house so as to insult the' defendant and his wife, and. on that occasion tho defendant struck the plaintiff a blow -with his open hand. The defence further set out that plaintiff did not receive the injuries on that occasion, but that the injury was actually caused in other brawls, particularly in a fight with one Charles Brown at Waitara. Mr Samuel then" set forth the plaintiffs- case at length. . On. the day in question, March 28, plaintiff and others were in- the hotel, on a day on whic? sports were held at" Urenui. Then had been some talk in front of the ■bar. but not of such a nature as to cause the defendant to lose his temper and strike the plaintiff as he did. Wright, who was partiallj stunned by the blow, naturally, when he recovered from the effects 01 the,.blow, looked for Tompsitt, who had, , ' however, then got out of the toar. Counsel then, detailed the injuries- to' Wright's nose, and said that the injuries were such as to be of -a permanent nature. He called Robert- weight, the plaintiff, who stated he was a farmer at Okoke, some nine or ten miles beyond Urenui. :,He and his brother farmed-to-gether. For eight years they had farmed north of Urenui, and for that period had used the Urenui Hotel on passing to arid fro as a house for meals and refreshment. ' Since Mr Tompsitt had owned the hotel witness had probably been in the houseSO times. On March 28 witnest was living at Waitara. He drove out to Urenui that day to attend the' sports. He went out with Mr Murcott, a surveyor, and they put up at Mr Tompsitt's. They had a Urink when they arrived. Witness* njid a glass of stout. .They then went to the sports ground. They left" there between 5 and 6 o clock that evening. Messrs H- Linn and Lucena accompanied them back to the hotel. They went into a passage, on the left side of which was a half door with a ledge through which drinks were served. Further along was a door opening to a bar parlour, in which there was a ledge opening to the bar. They went into the bar parlour, and Mr Linn asked them to have a drink. His Horror : And you h»d one ?

Witness : No.

Mr Samuel : Something intervened : there was a slip betwixt the cup and .the lip. Witness continued : Tompsitt was in the bar serving. In the front part of the bar there were several Maoris sitting. When, Tompsitt went to serve the drinks Mrs Tompsitt came along the passage, and went into the bar. Airs Tompsitt remarked as she came in, " Tea if on "- Mrs Tomsitt passed to the other. end of the bar. Mr t<inn took out his watch and said, " I think I'll 30 to Tuohey's first, and have tea "when I come back." Witness replied, " You had better have tea with us nov/, for you will get none when you come back " Mr and Mrs Tompsitt were in the bar, and must have heard the conversation. Mrs Tompsitt came to the slide and paid, "Mr Linn, you will get tea any time you like to come. ' MrsTompsitt emphasised the word " You " Witness made a remark to the effect that Mrs Tompsitt was taking a rise out of him. or having some fun with him. Mrs Tompsitt then went away. Witness then said to Tompsitt, " I think that remark of Mrs Tompsitfs was very uncalled for." He did not say anything disrespectful. He added in a joking way that Mrs Tompsitt ought to apologise, as no doubt- the remark was meant for him. Tpmpsitt drew back his arm, struck witness on the nove, and drove him back, using the words, "To you," at the seme time. Tompsitt struck with full ' force. His Honor : With his clenched fist? Witness : Yes. His Honor : Are you perfectly sure ? Witness : Yes. Witness, continuing, said the blow daze/1 him. When he was struck the blood .spurted from his nose. He saturated his own handkerchief, and then got a loan of Mr Linn's. Mrs Tompsitt rushed into th* 1 room where they were and sain, " It was mv fault. Bob," meaning plaintiff Sh<> wanted to apologise, btii, ho would n.a accept it. Mr Tompsitt ]•■(; ih«s r»i»-* room after the occurrorn''*" Witness went out and washvl Viir fate. Prior to that, on his

refusal to accept an apology, Mre Tompsitt abused him. He spent part of the evening in a billiard room, where, he believed, he had a game, and then waited at the stable for Mr Murcott, who had gone to a dance. Murcott did not come, as he had gone to bed' at the hotel. Witness got back to Waitara next morning. His eyes were blackened, and his nose much swollen. All that day he was in bed, and on March 30 (a Saturday) he came to New Plymouth, and saw Dr. Walker. He subsequently saw Dr.^Goode, of Waitara, and was treated by him. On July 3 witness was minutely examined by Prs. Leatham and Fookes At this stage medical evidence was taken to allow witnesses to get away. Dr. .Leatham gave evidence that on July 3rd last he and Dr. Fookes made a careful examination of It. Wright's face. Externally the nose was deformed. There was considerable thickening of the nasal bones, which he attributed to fracture. The left bone was the more markedly affected. Both bones were, however, affected. Internally there was a deflection to the right of the nasal septum. There was also a fissure in the septum about a quarter of an inch in length. The wallf- of the left nasal cavity were approximated, which would produce interference in the respiratory channel on that side. During the respiratory action there was a whistling noise. There was considerable disfigurement to Wright's face, which, he considered, could not be remedied. If witness was in Wright's position he would not have the nose operated on, as the result would be doubtful. The injuries might have been caused by one Wow from a fist. The blow would have to be a severe one to produce such injury as he found. ' , (Left sitting.)