THE SEAT Of GOVERNMENT.

Star (Christchurch), Issue 136, 19 October 1868, Page 3

THE SEAT Of GOVERNMENT.

<frA Wellington telegram published by us a few days ago announced that the editor of the Independent had attempted to horsewhip Mr Haugbton, a member of the House of Representatives. Perhaps the following report of the case, heard before the Wellington Resident Magistrate, on Oct. 10, which we take from the Evening Post of that date, will afford some explanation, some amusement, and great cause for astonishment : — ASSAULT AT THE PRINCESS'S HOTEL. The adjourned case Cattell v. Anderson, for assault, &c, was called. After some delay, Mr Anderson appeared, and was de fended by Mr Gordon Allan. Mr Buckley . appeared for the prosecution ; with him Mr Borlase. Defendant pleaded Not Guilty. 'Ihe Court was crowded. The evidence was as follows : — Jiunes Cati ell : On the Uth instant I met ' Anderson coming down stairs in my house ; he shook hands with me and said, " How are you, old cock ?" I slmok hands ;he was behind me, and asked if Mr Haughton and Mr Swan were in ; f told him Mr Haughton did not stay in the house, and that Mr Swan was not within ; he said " You are a d d liar;" 1 said, •• If they were* in I would have told you ;" some of my lodgers — Messrs Russell (native member), Daniels, and Wilson were preset! ; I told him his language was not to be permitted, and placed my hand on his shoulder ; he then struck me in the face, aud | marked me, as now to bs **een ; Mr Diamond came to my assistance, nnd told him to go home ; he would not, but struck at coni- | plainant. Cross-examined by Mr Gordon Allan : | There was no previous ill feeling against Mr | Anderson ; he said he wanted to see Mr j Haughton and Mr Swan *, I did not say that he (Anderson) was a b y liar ; my eer- ] vant may have said that Mr Haughton was '■ staying at my house ; I did not seize him by i the throat ; I did not ask him to go out, but j took him hy the shoulder. Mr Allan : Mo6t gently, of course ? Witness : I push.d him out ; Mr Diamond immediately gave tue assistance. A legal argument ensued, in whicli Mr Allan insisted on, and obtained, certain evidence as to the finale of the fight. Cross examination continued: I and others did not knock Ande-son into the gutter; Diamond and Anderson fell as I went in to wash my face ; I don't know how many were present ; I do not know a man named Kennedy. Mr Allen : Did you ever assault him ? Witness : I can't say. Mr Al an (to the Court) : lam bound to say that Mr Buckley's conduct, in this matter has been of the inimt correct and professional character. He does not desire anything un reasonable. Witness : After some net?ociations, Mie defendant offered to apologise, and to make such apology in the paper. Ke-examined : Defendant told me he wan td Mr Haughton and Mr Swan, and did not want me ; lie shook the servant girl fr> make her tell which room was occupied by Mr Haughtou ; she was frightened. (Laughter.) Witness : I am not personally in fear of Mr Anderson. Mr Allan : I assert that reasons must be shown for t*ueh allegation of fear ; personally, the prosecutor h is admitted h • is good friends with defendant, and has no reason to fear him Dr Grace, who had been consulted by Mr Cattell, deposed that the prosecutor w..s a delicate man, and bore evidences of an assault ; Anderson was an "able man." (Laughter.) Sydney Diamond deposed that Mr Haughton was not in, but was Mr Hawdou the sienilemau he required, no Mr Haughton i.s staying here ; Anderson said, "It is no use telling me that;" he was excited, but not drunk ; immediately on Cattell's telling h in he must not use bad lang-iage, and giving him a slight push, Anderson struck him between the eye-i ; I got l>etwe..n them, and punhed him out with assistance from bvbind ; (laughter); I tjot him as far as the dor, and told him vi goh'>me ; in re;dy, he struck »t ni three or four times ; I guarded, <ut he at length struck me on the Md*. of the head ; after he struck me I struck him *, he returned into the bar and wanted to kuow who ie was

that struck him in the mouth ; I told him I | was the man ; an assault ensued. Cross-examined : You could have heard him a quarter of a mile off ; defendant was bawling out, "Where is Haughton ?" hia voice is never of the quietest. Witness: It might be the nature of the beast to bawl and be heard at a quarter-of-a--niile. Mr Allan ; Oh ! indeed, you consider my client to be a beast. (Laughter.) Witness .* Yes ; I did not hear any violent expressions used in my house by Anderson ; could not say that Anderson was asked to leave bsfore he was ejected ; I never took my coat off in the street to fight him ; other persons set on Mr Anderson after he left the house; a dog laid hold of me — not Mr Anderson's dog ; I threw Anderson in the gutter after a " set to" in the road. Mr Allan : You are a pretty good hand at fisticuff *j. Witneß : I seldom practise in that way. (Laughter.) Mr Allan .* How many of you assaulted Mr Anderson ? Not three, or four, or five ; I struck him myself in self-defence. Mr Buckley said he understood there were a number of cross-actions arising out of the original one. He did not know what course counsel for the defence intended to take. Mr Allen — We will simply proceed with our defence. P. Russell, M.H.R. (one of the representatives of the natives), who lodged at the Princess's Hotel, deposed that he saw the scuffle in the passage, aud saw Anderson strike O-tttell. This was the case for the prosecution. Mr Allan called evidence for the defence : Wm. Kogers, groom and stable manager for Mr Somerville, deposed that on the 14th he took Mr Anderson first to Dr Boor's, and then to the Princess's ; arrived there, we had drinks ; Anderson had P. 8.; I had ale ; I was supposed to he Andersou's coachman ; the first I saw was Cattell and Diamoud, and another fellow, " shoving of him out;" Cattell said *' go out, you b ,go out ; " after they came out they all rolled in the gutter ; I saw Anderson in the gutter, picked him up and drove him home in the buggy— (Laughter) ; I saw no fighting ; Cattell shoved Anderson into the gutter. Mr Buckley: Were you as sober yesterday as you are to-day ? Witness: I am not in a position to answer that qu.st.on. (Laughter.) You had m<>re scholarship than ever I had; you are talking to a muff. (Keuewed laughter.) I have had no conversation with Anderson or any one about this case. (This witness was committed for contempt of court, being more or less inebriated.) Mr Allan then addressed the Court in defence. He remarked that his client had fully and truly expressed his regret for the whole affair. His apology had been refused. He had no intention to commit au assault. By-ing friends with Cattell and Diamond, he had no desire to do them any injury. Tiiere was no malice prepense. It was a prnpnsition of "law that if a man was assaulted, he had, in defence, a right, constructively, to assault in return. The le rned counsel quoted Ro^coe and other legal authorities in support of his argument. The whole of the fai.ts, involving a charge against a literary gentleman, who had offered the amende honourable, were such as fully to justify the Court in dismissing the esse. A man of high spirit, a gentleman by birth and education, could not tamely submit to the dictation of a publican. Prosecutor and defendant had exchanged blows. Mr Buckley briefly addressed the Court for the prosecution. The Court reserved judgment till the other cases were heard. ANDKBSON T. CATTELL AND DIAMOND. This was a cross-summons. Plaintiff's ca«e was that he had been insulted and assaulted at the Princ. ss Hotel, and was in fear of being " mobbed." Diamond and others were most active in assailing plaintiff. After being thus ill-treated, plaintiff went away in the buggy with "Sweet William," being followed by sticks and brooms. All that plaintiff did was in self-defence. Went to the hotel to get a glass of brandy. Plaintiff did not go there to give Mr Haughton a thrashing. Mr Anderson — I was called a sanguinary, or b y liar, according to Beach patois. Mr Allan — Did you want Mr Haughton ? Mr Anderson — I did not mean the tali man, but the little man with the grizzled beard — that is the real Simon Pure ; Cattell and Diamond live in an atmosphere of nobblers. (i-aughter.) I engaged a buggy for the purpose of calling on Dr Boor, my medical adviser, to be cupped, as I feared an attack of cerebral congestion. Cross-examined by Mr Borlase — I did not attempt to geti*ito any other bedroom. Mr Borlase— Did not Diamond cross-but-tock you ? iMr Anderson — No, fifty Diamonds could not do that, even with a Borlase to boot. ( au.jhter.) Mr Borlase — Old as I am, I think I could do t. (Laughter.) The evidence of W. Fyson, cab-driver, was then taken. Mr Borlase briefly addressed the Court on behalf of Mr Diamond. The Court dismissed the casea of Anderson ag'tinst Cattell and Diamond with costs. In the case of Cattell against Anderson the Bench considered it was a serious one. JN'o previous malice, had, however, been shown The assault was the effect of an ungovernable teni; er. The ends of justice would be satisfied hy a fine of £5 and costs, and defendant being bound over to keep the peace for six tnontliß, which was accordingly done.