Alleged Assault,

Thames Star, Volume XXIX, Issue 8612, 17 March 1897, Page 2

Alleged Assault,

Auckland, March 16

At the Police Court to-day before Mr H. W. Brabant, S.M., Robert McMasters was charged that, on sth March last, he did assault Edward Russell, in the Occidental Hotel billiard room, by stabbing him in the face with a billiard cue, with intent to do grievous bodily harm. Mr Cotter appeared for the prosecution, and Mr Parr for defendant.

Dr. Mackellav deposed that he saw Russell between 4 and 5 p.m. on the 6th of March. He had a wound on the left cheek. The wound had probably gone right through the cheek. In answer to His Worship, witness said the wound in itself was not serious. It might have led to erysipelas, and would cause a slight scar.

Edward 'J liomas Russell, the complainant, deposed that he had charge of the Occidental billiard room. On the afternoon of the 3th accused was in the room, and witness told him to stop making use of bad language. Shortly after this accused and some one else started to play a game of billiards, and betting was proposed. Witness said he would have no betting on the game. Accused walked up towards witness making use of bad language, and said " You is this room turned into a Wesleyau church?" Witness then started to take the billiard balls off the table. Witness was in the act of taking them off when accused struck him across the chest with the butt end of the cue. Witness then faced accused, who said " You I will gouge your eye out," and put the pointed end of the cue through his cheek. Accused also picked up the two billiard balls on the table and said, " You -if

you were near me I would brain you." After witness was struck his mouth was full of blood. Witness stopped the game to prevent betting. That was the only provocation he gave tho accused.—ln cross-examination witness said that up to the time of the assault he might have had two or more drinks. He was not the worse, for liquor. Witness had put down betting in the billiard room with a strong hand for the last two aud a-half years. Witness had heard of the card for the Auckland Coursing Club being called in the room, but he was not present. He took no interest in coursing. Simon Fraser, agent, who was present in the billiard room, also gave evidence as to the assault.

Wni. Flanagan, miner, in his evidence corroborated Bussell's statement as to what took place in the billiard ropm. Wjtness said that accused stabbed Eussell in the face with a billiard cue. He then jumped through the window, and that was the last witness saw of him that night. John McDonald, tailor, residing in Symoad street, was also examined.

After hearing further evidence accused was committed for trial.