MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1126, 13 May 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.)

STRANGE AFFAIR ON TAINUI

"A .SCIENTIFIC BOXER."

After several remands, William John Carpenter apneared in tho Magistrate's Court before Mr. W. G. Riddull, S.M., yesterday morning charged with assaulting Nicholas ltic'hnrrt Normile, and causing him actual bodily harm. Accused is a storekeeper on R.M.S. Tainui, and Normile was a steward on tho same vessel until April 20—the date of the offence. Sub-Inspector Sheehan prosecuted, and Mr. !'. 31. Wilford appeared tor accused. Nicholas K. Normile, ex-steward on B-.M.S:'Tainui, stated that ho' had been paid off on April 20. At about 3.10 p.m. on .that day he. had gone ,on board to take possession of his property. He went towards the saloon entrance, and saw Carpenter. The latter told him "to get to — out of this." He (witness) was then struck by Carpenter on tho chest and,, as he was turning, received a second blow. He would have dropped over tho doorstop, but Carpenter hit him onto moro (full in the lace), and knocked him the other way, and he fell unconscious on the deck. His jaw had been broken, and several of his teeth went, When ho came to, hd proceeded on shore, and summoned a constable; who arrested Carpenter. Tho magistrate: What did accused strike you with?—" His.fist. Ho is a clever-scientific boxer."

To Mr. Wilford: Somo difficulty had occurred in the Shipping Office at the logging of certain men. Ho was not drunk on that occasion, and had not used bad language. Also ho was not aware that Captain Smith (shipping master) ■ had gone to tho telephone to get a policeman to deal with him. It was not true that ho had threatened accused, and Wahlers, the purser, in tho prescMico. of Captain Smith. Mr. Wilford: Did you follow Carpenter and Wahlers aboard tho shin?— "No." . .

At 3 olclock when yon came on board did you go forward in the'chief officer and use disgusting language?—" No." Mr. Wilford: As a matter'oF fact, do you think you have got as much as you deserved?—" Decidedly not." Mr; Wilford: Exactly. That's what we sav.

Dr. Henry, who was called to the police station 'to attend the case, stated that Xonnilo had had his right jaw broken, his nose was fractured, and there- was a good deal of swelling on the fleshy parts of the- nose. Tho injury had been caused by some sevcro violence—either by a blow or a fall. Had it heen caused by a fall tho drop must have been at least twelve feet. A blow from a man's fist could have caused the injury. Alfred Jenkins, quartermaster of tho Tainui, who was on duty at tho gangway of tho vessel at the tium of tho occurrence, described what be hod seen. His account corroborated' that given by tho principal witness'.

In cross-examination- witness denied bearing prison;!- any ill-will, and de:iicd having liad "words" with him-rs-garding pickles for -the mess.

George Stevens, A.l>. on the Taimii, gave evidence inain'ly, corroborative, of the previous witness's testimony'.. Ho hntl liot "rehearsed" his evidence witli Jenkins. Normilo was drunk at the time of the assault. During "the .affray, Normilo had made a kick at Carpenter. Waller Herbert, John Lidbury, steward on the Tainui, also, gave corroborative.evidence as to the assault.

•In cross-examination, this witness stated that it was apparent to the most casual observer that .Normile was drunk. Not "half-seas over," lmf "blue-blind, paralytic drunk." If Jenkins and Stevens said that they did not notico that. Normile was drunk witness would" not believe them. Krnest Moss, another steward, also described the assault, averring that Normile attempted to kick Carpenter. When Normile foil, witness considered that it was the result of tripping over the sten. To Mr. Wilford: If ■ Carpenter said that Normile kicked him, he (witness)

would not deny it. Th.it Nonnile was drunk was apparent t-> the mo.st casual observer. Aormilo was a man that used very liad language when under the influence of drink. Constable Melville, who effected Hie arrest of accused, also gave evidenn. , . Mr. Wilford propased to call evidence, but the magistrate! intimated that t ho case would have to go before a jury, and the defence was accordingly reserved. His Worship indicated that, on account of the Tainui sailing next work, no doubt arrangements could be made to have the case brought on early on the list of criminal charges. Hail was allowed in the. same" amount as previously.