ALLEGED ASSAULT.

Star (Christchurch), Issue 16780, 8 July 1922, Page 14

ALLEGED ASSAULT.

CHARCE AGAINST HOTELKEEPER DISMISSED. James M’Taggart, licensee of the Canterbury Hotel. Met liven. was charged at the Magistrate's Court at Ashburton yesterday, l>efore Messrs RGalbraith and E. F. NicolJ. J-'sP with committing an assault causing actual bodily harm on John Anderson, also known by the name of Murphy. Tho assault was alleged to have taken place on April 6, and resulted in Anderson sustaining a fractured leg. Mi AY. J. Hunter and Mr J H. M. Dart appeared for defendant. Dr J. Russell Wells, medical superintendent of the Ashburton County Hospital, gave evidence regarding the injury, and stated that Anderson was slightly intoxicated when he was admitted to the hospital.

Anderson’s story to the Court was that he went into the hotel with a man named Lloyd for tea When it came to paying, he thought that the waitress asked for the money. There was no bad language used. Then defendant came in. and grabbing witness and Lloyd by their necks, bumped their heads together. He dragged witness out of the room, hit him in the face, rnd finally ejected him into the hack yard. Ho had no provocation. Witness admitted that he ha:l had liquor, but he was not drunk. H:- did not use bad language to the waitress when asked to pay for his tea. He did not show fight to M’Taggart. William A 1 bury Lloyd, a cook, gave corrobative evidence. He said that lie had not time to pay for the tea before defendant assaulted him and Anderson. Defendant kicked and punched them when they were on the floor. For the defence, Thomas Gilpin, far xner, Highbank. said that on the night in question lie- was at the Canterbury Hotel for tea, and he remembered seeing Anderson and another man. They were using filthv language and talking

‘ f a lot of rot.”’ The waitress warned them not to make so much noise When they had finished their tea the waitress asked them to pay > but they said that they had no money. The waitress callel M'Taggart, and the latter asked what the trouble was about. Tho men again said that they had no money. The stouter man of the two started to gesticulate, and persisted in not paying. M'Tnggart told them to get out. but they didn't move. M’Taggart then bumped their heads together and attempted to push them out of the room. Lloyd caught hold of the door, and M’Taggart opened the door wide to give them a good chance to go out. They'still resisted, and hung back. In w itness’s opinion they were looking for trouble. AJ’Taggart aimed a blow at them, and both fell down in a heap. M’Taggart still asked the men to leave, and gave them every chance, but finally lie had to pull and lift them into the passage, where witness could not see them, Later,when witness went into the backyard, he saw Anderson, who said that his leo- was broken. Witness heard Constable Orchard ask Anderson how his leg was broken, but the latter refused to tell him. The men were slightly under the influence of liquor, hut he did not consider them drunk. Defendant, in evidence, said That earlier in the day Anderson and Lloyd called for drinks, but had no money to pay, and he ordered them out. The waitress complained of their filthy language at tea, and said that they would not pay. Witness went to the diningiooni and requested them to pay for tea. Each said that the other was goit injj tQ pav. Anderson shaped up ” towards witness. while Lloyd was gesticulating and using bad language. Witness grasped Lloyd with his left hand r.n*d was pushing him out with his right hand when twit ness reached over for Anderson, wk> was sort of sparring ’* at him. Both fell over. Anderson going under. Witness picked up Lloyd and ordered him out again. On account of his holding to the door and witness's pushing him, Lloyd went sprawling into-*the passage. Anderson WVS still lying where he fell, aud witness told him to get up aud get out. Anderson said his leg was sore, and witness, being incredulous, caught him by the

shoulders and dragged him outside. Defendant paid Murphy’s car care (£2 10> into the Ashburton Hospital, for which witness had not yet been paid. After other evidence had been called. Air Hunter submitted that there was no possible case here foT a jury. It would be a waste of time to .-end it foiward. The Licensing Act, 190 1 ?. Section 107, specifically permitted a licensee to refuse to admit or to turn out of his premises anyone who was disorderly. among other things. The two nen bad told a ridiculous story, that as they were peaceably at tea. without any provocation, they were assaulted in the most violent manner by M’Taggart- Could anyone believe such a story Counsel submitted that the men were drunk. «:r almost drunk, that they used violent language, and were disorderly. M'Taggart had then attempted to eject them, and had not used more than reasonable force in doing so. Counsel submitted that Anderson's leg being broken w .«s an accident, and an accident could not be construed into an assaultThe Bench considered, in view of Gilpin’s evidence for the defence, that the stories of Andersou and Lloyd wei*.* unreliable. M 'Taggart appeared to have acted in a reasonable manner under the circumstance'', and was quite within his rights. Tho breaking of Anderson’s log appeared to he an accident. and could not he called an assault. The case was dismissed.