ASSAULT CASE EXTRAORDINARY.

Tuapeka Times, Volume XIV, Issue 732, 30 April 1881, Page 3

ASSAULT CASE EXTRAORDINARY.

For the following report, we are indebted to the " Mt. Benger Mail" :—

Assault: Mervyn v. F. Woodhouse —two charges — and a counter charge F. Woodhouse v. Mervyn. — The informations charged assaults at Roxburgh on 16th March last. The parties attended in person, Wr Woodhouse being represented by Mr Wilson (Clyde), and each pleaded not guilty.

D. H. Mervyn deposed — I am a sheep farmer, &c., at Roxburgh. I met Woodhouse at the bar of Ormoud's Hotel, aft er the discussion in Orr v. Woodhoujo last Court day. Woodhou-e complained of the judgment, and I recommended him to settle the case. I afterwards met Orr and returned with him to Ormond's, and called Woodhouse into a private room Woodhouse commenced to blackguard Orr. I told him the money was fairly due to Orr, and that iE I chose to take legal proceedings he would have to pay me money also. He threatened to strike me, and I caught him by the arms to prevent his doing so. He then butted me with his head like a billy goat. I got excited and threw him down in the struggle.

By the Court He struck me iv the face. That is why I held his hands.

By Mr Wilson — There was a scratch on Woodhouse's face, and one of his eyes was bloocMiofc.

William Orr (carpev.ter, Roxburgh), corroborated the evidence of Mr Mervyn as to the assault. He was not cross-examined.

Mr Wilson (for > r Woodhouse) , submitted th&t considering the position h'ld by Mr Mervyn in the community and the fact that be was an ex-member of the legislature, his conduct was very discreditable, and damages should not be av\ a^ded against Mr Woodhouse. He called

-Alexander Gordon (laborer Roxburgh), who stated that he was present in Ormond's Hotel at- the time of the row ; and proceeded — I saw Mervyn repeatedly spit in Woodhouse's face, and heard him say " Take the brute away or I'll kill him." When he got them separated, there was blood oa Woodhouse's face.

By Mr Mervyn —Woodhouse was pretty drunk. You did not strike Woodhouse.

In- the action Woodhouse v. Mervyn, the following evidence was led, Mr Wilson being for the plaintiff ;—; —

F. Woodhouse -On the 16th of March I was a little in liquor. Mervyn and I met at Ormond's bar. Mervyn said if he had done what he might have done he would have had me in Court long ago. He then spat on me repeatedly and seized my hands ; I said " You dirty pig, if I cannot hit you with my hands I will with my head." We fell in the passage and I was undermost. He slipped his thumb nail into my left eye, and taking it away the nail cut my cheek.

By Mr Mervyn — I was not let go the moment I complained of my eye. P, Ormond gave evidence, and said after the complaint about the gouging, Woodhouse was let go.

Alexander Gordon repeated the evidence he had already given. He had nothing to add or retract. In the second action, Mervyn v, Woodhouse, Mr Wilson for defendant pleaded not guilty. D. H. Mervyn deposed — After the last assault, Mrs Ormond allowed me to wash my hands and face. I remained in her room for three-quarter's of an hour, and then left for home by a back way, hearing that Woodhouse was in the front anxious to see me. He came up to me whi'el was in conversation with three people, and struck me twice. 1 applied to the Constable for protection, but he refused to interfere, and I will allow no one to assault me without protecting myself. Cross-examined by Mr Wilson— ln the tussle we had, I consider I had the best of it. The Constable would not arrest Woodhouse. I am not afraid of Woodhouse, but I am afraid of myself in the event of any more provocation. I would ash the Court that we be bound over to keep the peace.

•John Duncan (miner, Roxburgh) — I saw Mervyn and Woodhouse on the lgth March after the Court. Woodhouse was very light. He could scarcely staud. Mervyn and Woodhouse had a tumble, Mervyn rushed to stones, and said "If you wish to fight, come round behind Ormond'/i stable and have a few rounds."

Cross-examined by Mr Merryn— l heard you tell Woodhouse you wanted nothing to do with him. 1 did not see Woodhouse strike you, but Woodhouse was there with the intention of provoking a quarrel.

By Mr Wilson— Woodhouse wanted to get at Mervyn. If there was any best, Mervyn had the best of it. None of them were striking mucb.

Francis Wilson (miner, Roxburgh), corroborated the evidence of the last witness and in cross-examination deposed to Hr Mervyn having said to Mr Woodhouse he wanted to have nothing to do with him. Woodhouse began to quarrel, and then Mervyn threw stones at him.

Edward Fitzgerald (miner, Roxburgh) gave similar evidence. Patrick Tragy Fitzgerald (shoemaker, Roxburgh), bping called to give evidence said :lanja friend qi these fcwp m.en and can tell nothing in addition $q what h>s already been slated. 1 would rather not give evidence. His Worship said the feeling was quite natural^ but {k<i witness had been called

and must state what he knows about the matter. The witness was then sworn and briefly narrated what came under his notice : —The first thing I saw was Mervyn and Woodhouse lying on the ground. 1 caught h >ld of Woodhouse who was helplessly drunk. Mervyn was terribly excited. I saw Mervyn knock Wood house down. I also heard Mervyn say he wanted to have nothing to do with him —The witness added before leaving the box— l wish to say, Your Worship, that I am of a very excitable nature myself. When I see two men fighting I feel as if I would like to be in one of their places.— (Laughter). Mr Wilson said that any thing more unEnglish he had never heard than for a man to spit on another, get the best of him in a fight and then bring him into Court. lie then called

David Cormnck (shoemaker, Roxburgh) who deposed that he was passing Ormond's on the afternoon in question and saw Mervyn and Woodbouse lying on the ground. Mervyn was uppermost. I pulled him off. His Worship in giving judgment said the whole matter arose out 06 Mr Mervyn interfering in bis neighbors' affairs. It would have been the part of a judicious man to wait until Woodhouse was sober. It was a matter of regret that a man who had held such an important position in this society should have demeaned himself in the way that had been spoken of by the witnesses. It was proved that. Mervyn had repeatedly spat in Woodhouse's face. The whole subsequent proceedings are on Mr Mervyn's shoulders. He admits that bis temper is of a very ungovernable character and days be IS not afraid of Woodhouse but of himself. Woodhouse had met with an adverse judgment in this Court on that day and in order to allay his disappointment he went and got intoxicated, as is not unusual in such circumstances. I am astonished that Mervyn should have so far torgot himself as to lend to the fracas of which evidence hns been given. He is fined £2 and costs. In the other cases, Woodhouse will aho be fined £2 and oosts. Both parties will be bound over in their own recognisances and one surety for £10 to keep the peace for three month?.

The bonds were then made out and signer 1 , the surety for Mr Mervyn being Mr James Sfceele, and that for Mr Woodhouse being Mr P. T. Fitzgerald.