AN ALLEGED ASSAULT.

Ashburton Guardian, Volume VII, Issue 2301, 13 December 1889, Page 2

AN ALLEGED ASSAULT.

At tho o'vll Bitting of the Supreme Ooart *fc Tlm»>u yesterday w»a hoard the oana, Jodo Koid v fturiolph Friedlander, (A'lhbiitton) claim £300 damages for Injuries arising from an aasinlt, Tho Tlraaru •« Herald " given tho followIng report of the o»ae : — Mr WUdloi?, with him Mr Bruges, for the plaintiff, Mr Purnell far defendant. Tho oaua was heard boforo a gp olal of four, Mosata F, W. Maro\ant (foreman), 8. Sharp, Alex, Adams, »nd Heury Oollett. The plaintiff's case as oat forth In the atitoraent of claim, and expUfned to the jury by Mr Wilding woj this, The plaltulff Jano Reid, an exporleno d docnustio eervant, had been In the de- ' fondant's aervlae six or teven months before the 9(b of August last. She had given » fortnight's not!c9tu leave, »nd the noi-loe expired on that day. Sho deslrocl to leave because she waa ill from overwork, I and Mre Frlodlandor said abe would let her go before the foetntghfc was up If nhe o'ud, Then Mrs Frlodlande? «ak.id her to sUy io tha end of August and ehe agreed to stay if ahe wore given a holldny. Mrs Friedlander agreed jto give her the Friday. The pUint'fl got up that morning and did heraoous-' tomed early work, laid the table, and asked | tl o cook to take m breakfast Mrs ' Friedlnnder however demanded that plaintiff should take m breakfast ; she did so, and aftarwarda went to olear away. While doing ihis she said to Mrs Friedlander that it waH hard not to let her away for a whole day, when she had done the other girl's work for two days and nights, and she would not havo aske 1 for a holiday if rho bad not been ill. Mrs Frledlauder replied, " Well you can be 111, then," and Mr Friidlamlor ordered her out of the room. Plaintiff. did not go out nt once, but b id shu would go altogether and asked to bo paid off Mr Friedlander raid " If you go you will get nothing." Plaintiff was not rude, but epoko plainly what Bho meant She then left the room. Mr Frlodltnder followed her into the paesage, struok her two vio'ent ll^ws on the back, and she fell forward, her forehead came m oontaot with the edge of a door m the passage, two ugly wounds were inflicted, the bono being laid bare, a d plaintiff lost a great quantity of blood. Tho injuries Vfere In fact serious, Mr and Mrs Frledlnnder at ono > reooguiaed that fact, Mr Frledlander washed the blood away, and cent for his roedloul »dvlatr, Dr Tweed, who sewed up the wouude. Tho phiut.iE was treated by Dr Tweed In the house for a ireck, and then aha went to Mrs D»lloy, * frioud m Aahburton, and utayed wl h her fljvert'l weeks till the wo mds Veiled The plaintiff had suffered severely, had benn for in»ny weeks onable to pursue her vocation, end she still suffered pains «ico*aion*l'y from the eft oka of the wounds. Dfifendaui'a pleadings besides ths osual general ddnlal, nsßerted that '.ho plaintiff behaved In an nnaoemly and disorderly monticr m the breakfast room, defendant civilly requested her to leave, a»»d «n she rofnmd h» gontly Uld hands upon her and po* !er on*, of the room. The plaintiff was placoed m the box and g»ve evidence on the lines of her oonosel'a explanation, auti w»a then oro»a •examined at cona'.d rable length by Mr Parnell, who strove to ebow that the p'a'nWff bad ahowed a good doal of Insubordination that mornlug. Plulntlff denied that she w*a lnco'ent or ruce or that ahe had refused to " do tho bedrooms" before she wont for bor holiday ; ahe said it <ua nnfait to auk her to do It, Mr Frledlandor had had bre»kfaat and gone to the effioe, and retarnod to the hras) for some letters, B'ao w»s then In the breakf *ak room talking to Mra Frledlonder >bout the holiday. She denied that he said " Now Jenny, we have had enough of thla. Lo»vo the room a. onoo"; or tlat aho pnt her arms akimbo and nad, "I won't gc" She wont ont, iwylng sho wnufd \\o altogether, and Mr Fflt dlander, who had not touohod her m (he ro'im, folio wed hor into the passage ftnd apeaultod Io?, knocking her down ; ehe d'd not slip She oUyoil a week m the honao aad Mr Frledlandor wia quite willing for bor to atur lODger, but she wished to leave herso'.f , Aftor staying at Mrs Da\loy's m Aihborton, ahe went to fstenda at Lar.uton, Bad not tried to got anr.tier situation, Hnd not had an offer of marriage Blnoe. (Mr Wilding " That will bo more likely after the vetd'otof the jary.") Dr Hogg, who had examined the plaintiff the day previous, Rava evidence aa to the probability of neuralgic pain* (neuralgia of scare) supervening on tho healing of the wound. These pains ml\ht last an indefinite tirao, and might also ' o a serious inoonvocienoe, Mrs JDalley Bhowed that the plaintiff wan two woofca m her house aster Bho left Mrs FriedlandorV, and that she was very weak when eho went thee. Witness was not luteros'ed m the suit. Dr J. M. Tweed who was called m, described the wounds as contused fcalp voqndn, the larger throo inoVioa long, frjra tho right eye to the root of the hair: Toe tkin was cut through but tho bono was not Injured. It was a painful wound. As Mr t riod lander had called him m he looked to him for hia foea m this case. Cross-examined : Thoro waa no sign of oonousalon of tho brain. The wound was healed by the 11th September, and she might have gone to work then, iio did not think tho wounds wjro caloulated to oiuse any nouralgio paini. If sho hnd them they might arise from some other cause. Baw some blood on the edge of tho door, rt'ne to twelve inches fomto fl)or. Tho wounds might have been dae to a slip. He-f-xarainod : If tho girl had not such pains before, they might be due to tho wounds. Mr Parnell In opening the case for tho defenoa said one story waa good till nno'hei w»h told. When the jury hoird ha story they would oonoludo that hio otfont was really tho aggrieved party ; he had h?d his household upaot and had boen put to a'l sort* of lnoonvonlono and a goid danl of expense by this fiM'a violent temper. Mr Purnell'a stutcm-nt of whathnd led up to the aootdont wai tlmllar to that ebovo (>lven. Tho girl wanted tho holiday ; Mra Ftlcdlander sakod her t> attend to the bodrooma and then go, when tho gld flow Into n passion, tftllod at Mm Frledlnndor at bro»kfaot, <g«ln when hor mln'ro^s wont Into the kitohen afttr brt'akfo, followod hor into the broakfaQt room, and ronowed hor angry coaiplnlnt at being ahkod to empty tli o slops before going for her holiday. It waa not all one transaction. Mr Friedlander had ordered hor out of the room while he was at bro»kf«ot, telling bor just to do an Mra Frledlandor wanted, nnd thon no for hor holiday, Aftor breakfast ho went to the office, and returning for some letters, beard the girl talking very loudly m the bretkf oat room ; he went there and found her talkicg In a dtfUnt manner to Mra Frlecllandor ; he told hor to leave tho room, she defiantly rofusod to and bo took hor by ono arm, lud her through tho door Into tho passage, to which she walked quietly, and closed the door upon her. Aa ho turned round he beard a fall nnd a cry 'oh," and tbe girl returned to the room with her htad out and bleeding. Mr Frledlandor had hnd no nood to uso any violence aa tho gltl did not reiiat, Tho probability vtaa that the girl In Wax puniion slipped on tbo linoleum In tho paaaago, it being slippery from being wanned with milk, and the oupet i which ttfti usually laid along the middle was taken np that morning ', tbat aho had brooded over her fanolod wrongs, until she oamo to bsllove that Mr Pried lander had been tbe cause of the accident, The defendant gave evidence et length In support of this statement He did not j let foot m the piasage when he put the i girl out, did not pu«h her with, mi haud '

nor with ihe door, if he had don ; 3 bo he could not have caused the accident, ac the j 'gfil had to go rennd a oorner m the panaago to a o': fo flip door ehe fell ogai- Bb. Flo donied m tue dißtinot^nt manner that he either atruok or pushed the gir«. Mra Friedlander fully corroborated her husband's evidenoo. She gave the girl a go id oharacter, except that she had a bid temper. Alioo Auokran, the cook, a^d tho plaintiff had not a good temper, and she waa m a vory bad temper that morning, because Bhe did not get aw»y so early bb she wished. Saw nothing of the accident. This closed the evidence, and the Oonrt adjourned for lanCii. On resuming aoanaol commented on the evidence, and Hla Honjr eommod np. Tae jury reared shortly t.ftor 3 p.m., and at 4 5 onme In and tho foreman sold that thn jury were hopeless of agreoing. They were sent baok, and at 420 Mr Wilding told h!s Honor that Mr Purnoil agreed to tho jiry being dlaohargodThe jury were now oilled lv, and In reply to His Booor'a remark, ia there 11 chance ' f your agreeing 1 the foreman replied, '• None whatever." Thojary were then discharged. Mr Parnoll etld that by the tales of the Oonrt jadgment could now be given by His Honor or a new trial be allowed. His Honor said that they oould leave I the matter as at present, and bring the I case on at the next sitting before n fresh jasy.