LYTTELTON.

Star (Christchurch), Issue 143, 27 October 1868, Page 3

LYTTELTON.

This Day. (Before W. Donald, Esq., R M., and F. D. Gibson, Esq ) Assault. — Captain A. Black surrendered to bis bail. The prosecutor was present. Henry Rossiter, sworn, said : On Friday night, I went to the Mitre with Austin, and there had a game of billiards. I ssid to Austin, "We will go and have a drink." I asked him to " swindle " for drinks. As soon as I got in the room I was knocked down By the Police : I never spoke to Capt Black, the accused, thnt night On Saturday, he told my wife, in my hearing, he di .l not kinw what he had struck me for ; "it was the cursed drink." Cross-examined by Mr Nnlder : It was two minutes after I entered before I was struck ; it wns notlonger. I did not ask accused to sh .ut. I have seen witness Austiu every day, but had not spoken to h ; ra about the case. lam certain of the time of entering the room and receiving the blow. I had a pint of shandygaff and two jjlassrs of gin an 1 raspberry. The affair took placa at a quarter to eleven ; the bar was not shut up at the tirre ; the waiter was not shutting up the har when I went in. I was friendly with the accused ; had never had any dispute with him about any jewelry ; there wns none sold to him or his men. I am certain of the time I was not drunk. I never was intoxicated. I have not bren so lately Do not know why it took two men to put me into the railway ca-riage ihree weeks ngo. There was not a word pissed between us. Accused got up and struck me; there was no talking; Burrell was in the bar at the time By the Court: I did not see Julian there. Austin an-1 I went in together. No one asked me where T got my money from. I was wnrkiog until 9 o'.lock. ( never shook the silver in the man's face. Sergeant Baker sail he had some more witnesses Mr Nalder objected, as the case was closed; but the Court overruled the objection. Michael Quinn, recalled, stated that Mr Julian tohl him he knew nothing about the affair ; he was not present ; he asked him twice. Sergeant McKnight shited that Mr Julian came to the lock-up to bail the accused; he told witness he knew nothing about the affair ; it Avas only a drunken row. Julian waa un !er the influence of drink, but could walk very wel. Mr Nalder said that there was no discredit thrown on the witne»s' statement ; he did not want to know anything about tha matter, ns he was obliged to subpoena him. John Burrell, recalled, stated, that Mr Julian waa in the room at tlie commencement of the row ; he, the witness, was al«o in the room, fn defence : Accused aa^d that he snd Mr Julian were out together and came in to the dining room ; the prosecutor afterwards came in, and some chaffing words to k place, and prosecutor put his fist in his face ; he considered he was going to he struck. The Bench said they would not consider the wound received, as that was U't evidently ment when the blow was given ; taking into considera'ion the time accused had been delayed, the judgment of the Court would be a fine of £5, and medical attendance £3 3s. The amount was paid.