ALLEGED ASSAULT.

Timaru Herald, Volume XIIC, Issue 13888, 27 April 1909, Page 2

ALLEGED ASSAULT.

THE GORMLEY-CHISHOLM CASE

Yesterday the Stipendiary Magistrate, .Mr \'. Lr. Day, was occujnea in rehearing the Gormley-Chisholm assault case, wnich was heard m the first instance '>y two Justices of the Peace. Mr Jordan appeared for the complainant Uormley, and -Mr Emslie for tne three Chisholms, who wore linked as defendants. The case was treated as an indictable one from the outset, the Magistrate having all the evidence tiiKen clown by tne typewriter.

Mr Jordan outlined the facts of the prosecution, and first called the complainant, itatncK Gormley, a farmer at Sutherwho repeated the evidence he had given at the previous hearing, ahout the driving of his cattle from Ins land to Mathews by. J. Chisholm, and then Mathews' driving them towards tne Pleasant Point pound, and his recovery of them by agreement (through the intervention 01 J. ivane), his return with the cattle to his own gate, Mathews accompanying him. His evidence then proceeded, to the effect that when they got near the gate, the three Chisholms were there, Aeneas on 'horseback with a ■ stocKwlup and the other two on foot, James bavmg a big stick in his- hand. The stick was fully 4tt long and an inch and a half thick. Mathews rode up to the Chisholms and said "Now, boys, here's your chance." Witness made "an attempt to open his gate, when the three Chisholms rushed at him, Aeneas started beating him with the stockwhip, James with the stick, and Donald with stones. Mathews was a little bit back on his horse egging them on. His son could not get to witness's assistance because of the defendant Donald Chisholm throwing stones. James tried to pull witness off his horse, and beat him across the arms ancl the back of the head. The act of trying to pull him otf his horse caused a rupture internally. while i Donald Chisholm broke his rib 'with a 'stone. Y\ ltuess got away from his assailants, and rode towarus Pleasant Point, meeting Frank btowell about eight or ten chains away from the scene of the assault. Witness went on to the Point and saw Constable Collins and made a complaint to him. He then went on to the poundkeeper and paid the poundage under protest. The youngest defendant was with witness when he complained to the constable at the pound, but the other two defendants, did not come all the way. On the 27th, saw Dr Dryden in Timaru. When he got back from Pleasant Point lie picked up his hat (produced, in a battered condition), near the scene of the assault. Part of the way to the Pointy witness went bare-headed, and then took his son's hat for the rest of the journey. At the pound, in the presence of Constable Collins, he accused Aeneas Chisholm of beating him with a stoek-wlup, and he did not deny it. The day after the assault he was laid up in bed for part of the day owing to the injuries he had received. Cross-examined by Mr Emslie, complainant repeated what he had said about the taking of the cattle, and the recovery of them. He denied that he " rescued " the cattle, and said all that i Kane did was to offer to pay poundage fees. He was in the act of opening a i gate into his property to let the cattle ! in when the defendants rushed upon j him. When he reached the corner of his propertv Mathews was with him behind the cattle. At the time of the assault he haod a light stick in his hand, his son did not help him because he could not get his horse near to witness. He did not go home at once,, because the. Chisholms were between him and his house. He made one attempt to get through a wheat paddock, but J. Chisholm prevented him. The gate was tied with wire, and he would not have had time to get it undone before Chisholm would have been upon lnm. He did not call out for help before or after the .assault, and he never spoke to the Chisholms before the assault took place or gave them any sort ol provocation to cause them to- assault him. He and his son went back to Pleasant Point, and Mathews and the Chisholms drove the cattle behind them. This would be about two o'clock in the afternoon. Witness saw the constable and first complained about the Chisholms driving his cattle on to Mathews' land. He also told the constable that the Chisholms had assaulted him. At the pound he pointed out Aenas Cliis;holm as one of the assailants. He did '■not see or hear the constable speak to Aeneas Chisholm, and the constable did not ask him any questions about the assault. Witness then released the cattle from the pound and went to see'.Dr Patterson, about 5.30 p.m., but he was out. After leaving the pound he had a drink with the poundkeeper. Altogether he rode about eight miles after the assault. He did not leave any instructions for the doctor to call upon him. He was in pain at the time, but found it easier on horseback than on foot. He denied that he was riding round his property the next morning. He drove to Timaru to see' Dr Dryden,. because he had' attended witness before, though never for a rupture. This was on the 27th. He did not call on his solicitors on the 27th because lie thought it whs a police case-; he denied that Constable Collins told him to go' and see a solicitor about the trespass and assault. He went to his solicitor the 30th. He admitted that since the T '.assault he had driven a. reaper and binder, but he let his son do the hard work.' He had also helped to load bales of corn-sacks and had shovelled a little shingle. To Mr Jordan: He did not realise how badly he was injured until he had been examined by Dr Dryden. He was wearing a truss when he was on the binder.

Douglas Dixon Dryden, medical practitioner, said that he examined Gormley on the S7th January and found extensive hruises on the right ribs, with a fracture of the sixth rib. On the left side he found a hernia in the groin, and also bruises on the right groin. There, were swellings on the left part of the occipital, bruises on the back and right elbow. He should judge that the injuries had been caused within 48 hours, the hernia might have been older. He ordered a truss to support the hernia, and the use of a truss would render it possible for Gormley to sit and drive a binder. The bruising about the hernia was of recent origin and could have been caused within 48 hours.

To Mr Emslie: A recent hernia would be painful to ride with, without proper support. An eight-mile ride would be a contributory cause of strangulated hernia, but Gormley did not suffer from this. It is possible that riding might be easier for a man with hernia, than walking. With a proper truss a man with hernia might do light work, without harm. Joseph Gormley, son of the informant, corroborated his evidence as to the dealing with the cattle. He was present when his father got possession of the cattle again and helped to drive the homewards. On the trip Matthews made efforts to drive the cattle buck again. The three defendants came on the scene near the Gorraleys pate and responded to Matthews' cry of "now's your chance boys," by committing the assault already described. His father's lint was a block bowler and it was knocked into the state it was at present bv the Chisholms. To Mr Em=lic: Witness affirmed that his father did not attempt to rescue the The order they went back was Matthews first, then the cattle, fol-l/rn-ed hy witness and his father. He did not know why Matthews wanted to get the cattle hack again. When

they sighted the Chisholms,; Matthews was behind the cattle with his father and galloped through _.the .mob up to where the Chisholms w6re. The assault then took place. His-father did not abuse the Chisholms, neither did he call out. for help. He did not go to his father's assistance. The:'Chisholms "and Matthews drove the cattle back to Pleasant Point, witness and his father being .ahead of the mob, in ■ this instance. Witness went about a mile and then went home.

To Mr Jordan: His age was fifteen hnd a half years. Ho was sure James Chisholm hit his father with a stick, but he could not tell' exactly where. He could not go to his father's assistance because his horse would not go up to where the row- was taking place. John Williams, poundkeeper at Pleasant Point, .gave evidence that when Gormley's cattle were brought to the pound on the 25th, Aeneas Chisholm cams over and made some remark to which Gormley replied " What did vou hit me with a whip for ? Chisholm then said "What did you say about my sisters?" and Gormley said "T said nothing about your sister." Chisholm then remarked "That's all b -y rot." To Mr Emslie: There were no accusations on either side of bad language towards each other. "■ _ This concluded the evidence lor the prosecution. ' ' . ' . His Worship held that a prima facie case had been made out, and committed the three accused for trial to the next sitting of the Supreme Court at Timaru to be held on Ist June. . •,. Bail was fixed at £2e> for each, accused.: . ■ •_