LAW REPORTS.

Dominion, Volume 5, Issue 1429, 2 May 1912, Page 3

LAW REPORTS.

LOWER COURT. (Before Mr. W. G. Riddcll, S.M.) THE ALHAMBRA HOTEL FIGHT. DIVERSE SWEARING. POLICE CASE PALLS THROUGH. Josoph Daniel O'Neill was charged with laving assaulted Herman Henry Rather (colloqnially known ns "Samlow") on April 19, in such a manner as to cause him bodily harm. Chief Detective Brobarg prosecuted, ami Mr. M. Myers represented necused, Injured Man's Version. Complainant, Herman Henry Rather, stated that he resided in 63 Hop'per Street. Ho was a labourer and a showman in wrestling. He had known his assailant O'Neill for some years. At about 5.30 p.m. on April 19 he had entered the Alhambra Hotel, and then saw O'Neill and others in the bar. "I don't know," witness continued, "exactly how it cropped up, but O'Neill and I got to arguing. I asked O'Neill to 'make friends,' and made that remark because wo had had a grievance about twelve months ago." Chief Detective Broberg: What took place next?—"He went two or threo paces awa_y, and I was going out of the hotel. I went up to him and I said, 'Try and make friends.' I then received a punch, and that is all I know. 'A'he punch came from tho side." .Do you know the names of any of the men who wero with the accused?—"l would know the men if I saw them." Two men wore brought into court, and witness identified one of them as William O'Connor, who, ho said had been with O'Neill at tho time of tho trouble. Detective Broberg: Who struck you? Witness: Well, I thought that it iras O'Connor, but I could not ewear. Did you see anything in the hands of either O'Neill or G'Counar ?—"I didn't seo anything in their hands. O'Neill was rubbing his hands together." Where were you struck?—"On the chin." What happened after that?—"l remember nothing. "He Can't say what the Doctor Told Him." , Where did- you receive the injuries which caused you to go to the hospital? Mr. flyers: Ue'doesn't know. Detective Broberg: Well, let him answer. IVitness: I don't know. Wliat wero you siiiiering from in the hospital ?—"A knife cut." Mr. Myers: 1 object. He can't sny what the doctor toicl him. Detective liroOcrg: You keep quiet. Let me get that h'rst answer down. Mr. Myers: ile can't say wnat tho doctor tolu mm. Detective Broberg: Did you have those cuts on tho nose, neck, and ear when you went into the Alhambra Hotel? Witness: No. Can you say where, and from whom you received thorn?—" No.", Doctor Henry deposed that at about 6 p.m. on April 19 he had attended Rather, who was lying on the floor of Castle's chemist shop, in Cuba Street, bleeding from wounds in the ear, neck, and nose. The wounds were such as could have been caused by a small knife. Mr. Myers: 1 suppose the wounds could havo been caused by any similar instrument? ' . ■ Dr. Henry. Tesi any small, narrow instrument. Mr. Myers: Say, a nail file?—" Yes." Or a scissors? —"Yes." When Rather was ou tho floor of the shop did you.notice any smell of liquor? —"Xhero was a strong smell of'liquor." .Wero the wounds of a serious character ?-"No." Dr. Robertson gave evidence to the effect that Rather had ■ been in the hospital from April 19 to April 25. '' The Scene in the Bar.

Sydney John Morfield, accountant, of Ohristchurch, slated that ho had been in the Alhambra Hotel on the evening of April 19 with the accused (Joseph O'Neill), Willinm O'Connor, and Vincent O'Neill. Rather had wished to shake hands with Joseph O'Neill, and the latter had refused to do so. O'Neill had further asked Rather to go away, as he did not wish to speak to him. Tho woman in the bar had then taken Rather away, but tho latter had; returned, and repeated his request. The woman had taken Rather away again, but once more Rather- had returned, and, this time, the woman had asked them to go to another part of tho house. They had done so, but, after a while, Rather had again asked tho accused, Joseph O'Neill, to "Shake hands." When O'Neill refused to do so, Rather had placed himself in a fighting attitude, and ho and accused had then closed. Seeing that thejo was going to bo trouble, witness had fhen gone out of the hotel. To Mr. Myers: Rather had been heavily in drink at the time. Joseph O'Neill had done his best to avoid quarrelling. William Gurrott O'Connor, of Christchui'ch, who said that he was a dealer in jewellery, also gavo evidence. Inter alia, he stated: "One word brought on another, and in the finish Sandow (Rather) and O'Neill appeared to get wild, and eventually they shaped up to one another. . . . I (think they struck almost simultaneously. It was simply this: 'Sanrtow' had had a few drinks, and -he got wild because he was told to go away. . . . When the blows were struck I did not see anything in O'Neill's hand." Dialogue at the Arrest. Detective Lewis stated that he and Detective Andrews had seen Rather at the liospiial at 10 p.m. on April 19. "And in consequence of what ho told us," the witness continued, "we, in company with Detective Cameron, visited the house where O'Neill was living, shortly after six o'clock next morning. On our going into the room where accused was, lie said: 'Have you come for me?' 1 said 'Yes.' He saiil, 'I thought you would bo along.' I said 'Why?' He said, 'Over Mint affair of Ksuidow's.' We afterwards charged him with Hie offence, and he said, '1* he much hurt?' I said 'At present 1 cannot tell you.' He said. '1 i>nly gnVe him two or three cracks. He was shaping up to ins in his big, ugly way. Ho gave me a hiding about four months ago in Cuba Street, and over since then lie lias been chasing mo round wanting to apologist , .'" That concluded the case for the prosecution.

Charge Reduced and Dismissed. Mr. Myers -asked the Court to dismjss the chavjje. He said that the tx-st was: Is this a case in which twelve reasonable men will come to a decision to convict this man? He submitted that a jury would not convict. Mr. iiiddell: There is some evidence that the accused struck Rather. Air. .Myers: 1 admit that. Detective Broberg: That he alone struck Rather. Mr Myers: Yes; but there is nothing to -how' that be had anything in his hand which rau.-cd tho injuries. lir. Tiiddell: The case is just on the borde-r-linc. It seems to mo. that accused uriicj iiathor. ami shortly afterwards Sriih-r was 'f-vind with wounds Thnr? is a strong suspicion that accused caused tho wound;, though tho evidence is somewhat ilr." M.yers: If it. is on tho border-line, are we not entitled to have it. dismissed? Mr. n'iddell: There certainly is a doubt as tn whether a jury would convict. Dels-ctive Broberg: I think there is always that doubt. That is hardly the tcvK Mr. Myers asked if the Court was prepared to deal with tho case as one of common assault. Mr. Kiddfll: "Yes, I think that is what should be done" To the reduced charge O'N'eill pleaded not. guilty. Kridenrc on this charge was given by Dr. 11. A. ttilmor nml O'.NViil. Mr. Riddell: "After hearing defendant's evidence, I am satisfied that no jury would convict him. The information is dismissed. ANOTHER OPITM CASE. .Toln Tong was charged with _ having smiiked opium on April 3d, ami with hovi:v; had iti his iios.-es.-ion opium in o 'form suitable for smoking. Tong pleaded guilty to both charge?. Mr t Nuon (Collector of Customs) said.

that (here were so many of those breaches of (ho Act that small fines did not seem to have any dcicrront effect. His Worship: Is this defendant's first appearance? Mr. Xixon: Yes, as fnr as I know. His Worship: Defendant will bo fined £2 for smoking opium, with Court costs "s., in (lcfnnlt fourteen days' imprisonment. On.the second ehargo defendant will bo fined .Co, with Court costs 75., in default one month's imprisonment. He must pay the interpreter's fee, IT)?. Gd, TO PAICATOA. Elizabeth Buckmnsler was charged with drunkenness, breaking a prohibition order, and using certain language. Defendant said that she did rot remember having used tho language, but that she might have used it, ns a certain man had been knocking her about. His AVorship said (hat tho defendant was an habitual drunkard, and thatjjiis was the fourth breach of her prohibition order. He committed her to Pakatoa for one year. OTHER CASES. Jeannie Cairns, alias Leahy, and Mny Sidon were both etnt to for one month for importuning people who were passing along public thoroughfares. Both declined an opportunity of Roing to the Salvation Army Home instead. Joseph Wilson and Albert Cutbush appeared on remand on a charge of having forged the name of W. If. Robinson to a cheque for .-£2O 11s. on the National Bank at Hokitika, and having uttered it to Ernest Ilntchelcr. They were further remanded till May S. For breaking a prohibition order Bruce M'Landcrs wa.s fined £i. Aniiio Maud Sales, alias M'Xeil, was fined ss. for insobriety. COURT OF APPEAL. THE PETROLEUM CO. CASE. In the Court of Appeal yesterday argument was concluded in tho Gisborne case, concerning tho affairs of tho East Coast Petroleum Company. Tha case, which commenced on Monday, was heard before tho Chief Justice (Sir Robert Stout), Mr. Justice Williams, and Mr. Justice Cooper. Tho parties were William Lissant Clayton, land agent, of Gisborne (appellant), and William Knox Chambers, sheep farmer, of Gisborne, and Geo. Hutchison, barrister, of Wanganui, liquidator for the East Coast Petroleum Company, Ltd. (respondents). Sir John Findlay, K.C., with Mr. A. K. Meek, appeared for the appellant; Mr. C. P. Sksrrett, K.C., with Mr. C. B. Morison, appeared for the respondents; while Miv Geo. Hutchison appeared in person, but did not take part in the argument. Particulars of the case were published in Tuesday's issue. The appeal is from a decision of Mr. Justice Chapman, delivered in Gisborne last year. Legal argument concluded at J. 35 p.m., wlion the Court adjourned until 10.50 a.m. to-ciay. SUPREME COURT. THE CRIMINAL SESSIONS. The criminal sessions of the Supreme Court commence in Wellington on Monday next. Present indications are that the list will be a light one. The following cases are nlready set down for hearing:— Frederick William Green, alleged theft (re-trial from last session). Arthur Joseph Wicks, alleged criminal assault. Thomas Henderson, alias Biisbridge, alias James Patrick, alias Fitzpatrick, alleged opening postal packets (nine charges). James Purccll O'Brien, alleged attempt to indecently assault. George Ellis Allen, alias Richardson, alleged forgery and uttering. James Heavy Hope, alleged unlawful salo of liquor. Robert Bragge, alleged theft (Master-/ ton).