An Assault Case.

Taranaki Herald, Volume LIV, Issue 12776, 6 February 1905, Page 3

An Assault Case.

TEOUBLE OVER A CHEQUE.

in the Police Court _this morning-, before the 531., Thomas* Bransgrove, a boot dealer, was charged that, on Dec. 2(Jth, I'JO-1, ho did assault Allan Cleland, painter, by btriking him in the face with his fist, anil did thereby tausc bodily injury to the i^laintili. The defendant pleaded not giiilty.

Mr Claude H. Weston (West on auc} West on) appeared for the complainant, and Mr Grey (Wilson and Grey) for the defendant.

The Complainant gave evidence that he went to see Bransgrovo about making some bother over a cheque of 1 complainant's that had been given for uoots. iWihile he was there they had some conversation, when Braaisgrove Struck him without provocation and hini a black eye. H© wont- to the hhop owing to a message from Mrs jßransgrove, who told him her husband wauled cash for the booty and not a cheque". He retired after being struck, 'did not assault Bransgrove. Mr and Mrs Pillar also gave evidence a* to circumstances prior to and after the occurrence between Cleland and Bransgrove. Mrs Pillar's evidence was to the ef'teet that in a conversation she had had with Bransgrove he had expressed sorrow for assaulting •-'lei and and offered to apologise for iho aillair.

The defendant, in his evidence, stated that Cleland camo to his shop and aJJliod what was the bother about his cheque. Worcs euibued. Cleland said, "I'll plug- you," and afterwards witness shoved Cleland as a hint to go out of the ship, and a general melee -nstied in witness- shop, during which -mi airs ant? other things were knocked uver. Be reckoned he leceivtd as much injury as Cleland did in the struggle, and he still :>uflcru.l owing to an injury to his arm. lie had been paid lor the boots since the affair. He boli(^;ed after the row Cleland took the cheque away oii' the counter. He expected to be paid in cash and not by i-hocjue for the boots. His wife soldi the Loots in his ateence. Had he been present he would not havo taken Clclana's cheque. By Mr Weston : When he shoved Cleiand the latter closed with him, and a rough and tumble ended in a fall, witness believing ho was uppermost. Ho . ould not tell" how Clclandi got a black eye ; in 'fact, he die not kaiow that Cleland had received a Hack eye. He did not toll Mrs Cleland some days afjter the row that he had put one -— ■man iv the hospital, and he would put lU3 t crawler (Cleland) there- also. "de waited a fortnight to be paid for tho boots, and told^Jurs Cleland he would take the boots back though 1 hey had been worn. He had consulted Detective Benjamin about taking a criminal action against Cleland over the boors.

W. 11. Newman, tailor, gave evidence klvat when, in his shop he heard angry voices and a sculile in Brawsgrove's shoji on the evening of December 26thj but he did not go and see the row was aibout as lie considered it wan no business of his. At 12.45 the hearing was adjourned till 2 o'clock.

In the afternoon, the witness Newman, continued his evidence. Mrs Bransgrove, wiic of defendant, deposed to seeing Cleland and her husIbancf scuffling. jilrs Cleland was called on behalf of complainant to give rebutting ovid:ence.

His 'Worship said tho case was a trivial one, and it was a pity the Court had had to waste the better part of a day over it. However, he mubt find thatßransgrove had assaulted Cleland. A fine of £1, with £1 Is co.-ts, was imposed.