DAMAGES GIVEN IN ASSAULT CASE.

Star (Christchurch), Volume XLIV, Issue 142, 17 June 1931, Page 8

DAMAGES GIVEN IN ASSAULT CASE.

BLOW WAS STRUCK IN BAR AT WAIAU RACES

A blow struck in anger in the bar at the New Year’s Day race meeting at Waiau had a sequel in Court this morning, when James Black sued Charles Redmond, a farm labourer, for £7O 19s 6d, damages allegedly due as a result of the blow.

In the course of the proceedings. Mr W. F. Tracy, who appeared for Redmond, made serious allegations as to the nature of the Gloucester Club, of which Black is the proprietor and manager, in an endeavour to show that Black's claim for the wages of a substitute was excessive.

Mr M. J. Burns, who appeared for Black, told Mr 11. P. Lawry, S.M., that the case arose out of the trucking of a racehorse, Bon Ray, to the meeting at Waiau. Black had arranged with Mr L. R. C. Macfarlane (for whom Redmond worked) to have the horse taken to the meeting with two of Mr Macfarlane’s own horses. The jockey was supposed to take, the horse back, but he was injured in an accident and could not do so. Redmond offered to take the horse back for ten shillings. Black would not agree to that, and made arrangements with Mr Macfarlane. “A Surprise Blow.” “ Black, afterwards, had a drink in the bar, and next to him was Redmond,” said Mr Burns. “ Redmond was told that Black had made separate arrangements, but Redmond still held that he should be paid ten shillings. Black says there was no heat about the argument. At last Black said something to the effect that there were some men who had only been here -twelve months and wanted to run the country. He said it laughingly and considered the matter closed. Then, without warning, Redmond struck him a heavy blow on the face and another on the back of the head. The police came then and Redmond cleared out.” Nature of Injuries. Counsel said that Black went to Dr Ardagh. His nose was X-rayed twice. At the second time it was found to be broken. A nerve had been touched, and the left side of the upper face was paralysed. Black had to have a long course of massage treatment, and also had to douche his nose to get out a clot of blood. He was in bed for a week. The medical expenses came to nearly £3O, and general damages were claimed at £25. Further, Black claimed £2B, as he had to hire a substitute at the club for seven weeks at £4 a week. Black, who said he was the proprietor and manager of the Gloucester Club, gave evidence along the lines indicated by counsel. _ He had not called Redmond an Irishman or a Jew, he said. He had said that some people who had only been here twelve months wanted to run the place, but had not said it in an insulting way. The blow had been quite unexpected. The Gloucester Club. “ What is this Gloucester Club, that you have to pay £4 a week to a substitute?” asked Mr Tracy. “ It’s a men’s club, a private club,” replied the witness. “ are three billiards tables, and a readmg room. The members pay £1 subscription, and they get firing and lighting. They pay extra for the billiards.” Do they get anything else?—No. Not that I know. Who looks after the bank?—There is no bank. Mr Tracy: Surely you will not deny that this Gloucester Club of yours is known as one of the biggest gambling places in Christchurch? “ I don’t care what people say,” replied the witness. “ There is no bank. I am not going to commit myself.” And you pay £4 for a caretaker in your absence, while you were only absent a small part of the day after the first two weeks?—Yes. There has to be someone there all the time. You won’t deny that this club is a gambling den?—l am not going to commit myself. There have been other actions connected with the club?—Yes. Had to Have Man. Were there noi affidavits about loaded dice?—Yes, bt*t the plaintiffs were non-suited. I had to have this man and I paid him. Mr Tracy: Are you sure he had not other duties? Was he not acting as a temporary “ penciller ? ” “ I positively deny that anything like that goes on at the club,” witness replied. Do you provide the dice?—l will not answer that. Robert Crampton, a clerk of the course at the race meeting, said in evidence that Black gave no provocation for the blow. Witness was drinking with Black. Mr Tracy said that there could be no. dispute as to the blow, but he claimed that there was no justification for the £2B paid as wages to a substitute. “ I agree,” said the Magistrate. Damages Fixed. Judgment was given for £SO 19s 6d, the full medical expenses and general damages being granted, and £8 instead of the £2B claimed for wages for a substitute. There is no doubt Black suffered a lot of pain and inconvenience,” said the Magistrate. “ The general damages claim is a fair one.”