LYTTELTON.

Star (Christchurch), Issue 142, 26 October 1868, Page 3

LYTTELTON.

This Dat. (Before Dr. Donald, RM., and F. D. Gibson, Esq ) Assault. — Captain A. Bla k surrendered to his bail on this charge. Mr Na'der appeared for the defence. The former evidence having been read over, Dr. J. T. Rome, resworn, stated : I have seen the prosecutor Kossiter, again this morning, and also yesterday ; the wound is progressing favourably ; prosecutor declares that he is unable to sit up in bed from faintness ; he complains also of numbnesß and coldness in his limbs, and consequently he is unable to attend the ■■ ourt. By Ur N .lder : I cannot say whether this numbness proceeds from drink or the fall ; he has received a heavy full, and has lost a quantity of blood : a blow in a state of intoxication would produce insensibility. Ido not think the symptoms complained of would be the result of drinking, but would be from a heavy blow. I have no reason for doubting prosecutor's statement. By the Court: His pulse is very good. I did not see him sit up in bed. By Mr Naldc-r: I saw the accused when [ went to the Mitre; he appeared as if he had been drinking, but he was so mauled about that 1 could not tell whether he had been or not; it seemed as if there had been a general row going on. I saw one of the bystanders endeavour to get at the accused. Mr Nalder said he was willing to simplify the case by admitting that the Mow was struck, but it was in self-defence. William Austin, cross-examined by Mr Nalder : It is all truth I have stated. Captain Black did get up off the table withouta word of provocation, as far as I heard. I was not intoxicated. I was in a position to have heard any words. Kossiter had scarcely entered the room; he may have gone a couple of paces. I did not leave home until 8. I went to Belgrave's and had a glass of beer with prosecutor, and two glasses of old torn and raspberry. Prosecutor and I then went to tbe Mitre, and went through the long bar into the billiard room ; prosecutor played ; when prosecutor was struck I was so enraged that I took off my coat and went at accused. By the Court: I did not see accused when I first went into the Mitre. John Bnrrell, cross-examined : It was some time after the prosecutor came in before the blow was struck ; it might be 10 minutes. I he rd both voices ; they were talking about tossing ; prosecutor wms not sober at the time. I saw 'ustin in the room before the blow was struck. It was more than five minutes after ; there were several persons in the room ; accused was sitting on tbe table ; he did not knock prosecutor down as he entered the room. By the Court : Accused was not sober. Constable Quinn said he was called at a few minutes after 11 on Friday; saw prosecutor on the floor, also the accused ; took the accused into custody; he was steady in his walk, but .hewed mams of blood on his 'ace. By the Police: Prosecutor was insensible. By the Court : I saw prosecutor yesterday ; he did not authorise me to prosecute. By Mr Nalder : I drew my staff on the witness Austin, to prevent his striking accused. Austin was very excited. I judged from his manner that he was more or less intoxicited. VV. Grange, engineer, stated that he met the prosecutor and the witness Austin as he was leaving the dining-room ; it was about five minutes after when he heard the row ; he was outside in the verandah. Mr Nalder called for the defence J. W. Julian, who stated : I was in the room talking to Captain Black when the prosecutor came in. The prosecutor and accused were both well on for drunk ; prosecutor offered to toss accused for drinks for all hands ; accused said, " have you got any money ?" Prosecutor pulled some silver out of his pocket. Accused said, " where did you get all that money from ? " Prosecutor said "do you mean to insult me ?"' Accused said "no, I am only chaffing you." Prosecutor put his fist up to accused s face, who said, lt Is that your little game ?" and tried to strike prosecutor. I went between and tried to part them, saying I did not wish any row in my house. Accused knocked prosecutor down. By Mr Nalder : Prosecutor held his fist in accused's face, and this is generally supposed to be the commencement of a row. Prosecutor's head struck against the boarding of the room. Accused was remanded until tomorrow.