CHRISTCHURCH.

Star (Christchurch), Issue 17, 2 June 1868, Page 3

CHRISTCHURCH.

Tnis Dat, (nofouo C. C. Bowon, Eiiq., R.M., and E. J. Wakonold, Esq.) A6BAM.T.— Robert Willoußhby was brought up on romand, oharged with violently asxaulu ing Shaw Crossland, at tho Duncdlu Club Hotel, on tho 20th tilt. Mr Harper for dofondnnt, Bhivw Crosstaud said ; About twenty mluutOH to ono pm on tlio day named ho went Into tho oafd attached to tho hotel, whoro ho saw prleonor smoking. Hoaskou him to dosist, as such a proceeding was not allowed in that room. Prisoner did so, and ho then asked him to loavo tho room. Prlsonor refused to do this, when ho took hold hold o£ him by the coat to put him out, but loft him, to look for a nolicoman, Not finding ono ho roturnod, and naked him quietly to leave tho promisoHi Prinoncr rofunod, and otru«l< him on tho oyo. H« <)lo«e<l with lilm, nnd thoy both foil, In doing ho, wHiiom put out his right arm to o/ivo himsolf, whon by somoj moans it turnod under him, and was broken, Ho did not think prisonor had intended to do him bodily harm, l>ut considered tlio matter more an accident than anything 0100. I)y Mf HftfpWj Priflonor stopped nmoldng whon requofited to do so. Tho room was not a public ono in relation to tho hotel. Whon linked to loavo tho room, prisoner fluid ho w<tuld go out or come in ao ho llkod. lie had not holil of prisoner^ collar whon ho received tho blow. Prloonor wan not causing v disturbance, nor wan ho Intoxicated. Two witnesses woro callod for tho dofenco, to prove that prisoner was porfcotly solioi' and ordorly, Mv Havpei? - aubinlttod that there waa no caoo against tho prisoner, as ho being in a room of public refreshment, Croflsland bad no rigbt to order him out when perfectly ordorly, tuid ho was <julto justified In rCHcnllng iho attempt to put him out by forco. Thoro wan no ovldonco tliat prisoner lnul been offonslvo oithor in langungo or mannor, and as to tho broken arm, that could not but bo othorwlHO than regarded us purely accidental, IHh Worship said tho lloneh were Hivtisfled tlusfo wao no ovldonco, either by Oohhluikl of othcrwino, to provo that an ansault had boon committed. Prluoncr had put his pipo out whon requested, and tmleofl ho had boon disorderly, CroHOland had no right to put him out of tho room. Tho o:iso would thorcforo bo dismissed.