LAW REPORTS.

Dominion, Volume 6, Issue 1840, 28 August 1913, Page 11

LAW REPORTS.

LOWER COURT. SEVERE ASSAULT ON CHINESE. IRON WEAPON USED. STIFF FINE FOR ASSAILANT. ' A story embodying details of a cowardly assault on an inoffensive Chinese was told at tho Magistrate's Court before Mr. W. G. Riddell, S.M., yesterday. This was a oaso in which .William Warno and William Edward Hastio wero brought up on charges of assaulting and doing actual- bodily harm to Young Wing On. Mr. P. W. Jackson was for Wamc, and Mr. Putnam for Hastie. Chief Detective Broberg prosecuted.

Young Wing On, fruiterer, Tinakori Road, gave his evidence through an interpreter. lie stated that ho was in his shop, when Hastie and Warno came in. Warno asked for a packet of cigarettes, and, whilst ho was getting them, Hastie struck him over tho head with a bar of iron. Tho blow causcd a nasty wound. Witness callcd out, and both accused hurriedly left' tho shop. Ho (witness) ran to the door, and the bootmaker next door came in. Later tho polico and' a doctor arrived.

Belaylng-pln Used. Dr. Pattio stated that when ho saw Young Wing On ho was suffering from a lacerated scalp wound. Ho described its nature, and added that it could have been caused by the instrument produced in court—an iron belaying-pin. Evidence was given by other-witnesses for tho prosecution, several of these stating that they had seen both accused. in tho vicinity,of the siiop on tho evening of tho assault. Detective and Suspects.

Detective-Sergeant Rawle stated that ho had questioned Warno, about the matter. Warno had told him that ho had met a man named "Bill" in tho afternoon of the day of tho assault. Ho bad gone into tho shop to purchase some cigarettes, and Hastie followed him. Whilst in the shop,, and without his (Warno's) knowledge that he was going to do so, Hastio struck the Chinese as described. Tho assailafit then quitted tho shop, and ho (Wame) afterwards walked slowly out. As ho was leaving tho bootmaker next door came in. Continuing, tilio dotectivo stated that Warno had pointed Hastio out to him. When witness told Hastio that ho was wanted in connection with an assault on a Chinaman, Hastio said "What Chinaman?" At tho polico station, whoro he was charged with tho offence," he said that tho wholo tiling was "hard luck." Thomas Georgo Dean, bootmaker, stated that he heard tho Chincso calling out. As ho entered Wnrno was just walking out, ..Witness also .noticed a figure walking quickly away from tho shop. Both Accused in the Box.

Speaking on behalf of Warno, Mr. Jackson, contended that- no jury would convict liirn on' the evidence.

His Worship: After hearing tho e;'iat this stage I propose to reduce the chargo to ono of common assault. ■ The chargo .was accordingly altered, and both accused pleaded not guilty. . Wamc was then place 3in tho wit-' uessrbtix, and stated that during tho afternoon he had about four or . five drinks with Hastie, and he gave his version of-tho scene in tho shop. ■- Mr. Putman then called Hastie, who denied the statement made by tho Chinese, Warno, and the bootmaker. He" stated that he and Wame had had nine or ton drinks during tho afternoon. When thoy were nearing tho Chinaman's shop, Warno handed him' an iron belaying-pin, and told him to "hang on to it." Warne also had one. Warne Baid: "If the Chinaman does not give mo tho cigarettes I'll smack him." As tho Chinese was getting tho cigarettes Warno hit him on tho head with the belaying-pin, and then ran out. Ho himself walked out after Warno had run away. One- Man Gonvlotod.

His Worship stated tlmt, after hearing tho evidence', ho doubted whether there had been any concerted action on tho part of the two. As there was a doubt, accused Warrio should havo tho benefit of it, and tho caso against him would bo dismissed. His Worship was satisfied that Hastio committed the assault; and ho would bo fined £5, and ordered to pay the following expenses: —Doctor's'fee, £1 Is.; interpreter's fee, £1 Is.; and five witnesses' expenses at Bs. each, in all £9 2s. An order was mado that half tho fine (amounting to £2 10s.) was to bo paid to the Chinese to tfovor medical expenses.

FORCED CERTIFICATE. FOE POSITION IN RAILWAYS. Some unusual charges of forgery woro preferred against August H. Malorney, a labourer, who was represented by Mr. H. F! O'Leary. It. appeared from the proceedings that Maloriioy had been anxious to join tho railway service, and in his attempt to do so ho is alleged to have .forged a birth certificate and an education certificate. • ' Frederick Campbell Frasor, clerk in cliargo of tho appointment department in tho office of the General Manager of Railways, stated that it was required of applicants for positions as trailic labourers to produce an education certificate giving proof that they had passed tho Sixth Standard, and also to give proof that thoy were not over 28 years of 'ago. Accuscd had tendered a- birth certificate, registered in Nelson, and an Education Department certificate. Witness noticed that erasures had been made in both certificates. The year of registration in tho birth certificate had been altered, and also some figuring in tho education standard, certificate. 'Later, witness procured a birth certificate from ' the RegistraiGeneral, and this showed that accused was born in the year 18S5, not 1887 as shown in tho certificate.' Dotective-Sergeant M'llveney read a statement signed by tho accused, admitting the forgeries. ; Tho accused pleaded guilty, and was committed to tho Supreme Court for sentenco. CHEQUE OPERATIONS. FIVE CHARGES AND A DENIAL. . Five charges of forgery and acting under false pretences were preferred against John Henry Hurley. Tho first charge was that he forged a cheque for £3 18s., drawn on tho National Bank of Now Zealand, payable to F Walshe or bearer, and signed J. Anderson, and uttered the same to Andrew Begg. The second count was that he forged a cheque for £4 125., drawn on the Bank of Iscw Zealand, simied J. Anderson, and uttered tho same to Samuel S. Patterson. Ihe third chars© alleged that lie obtained goods to tin? value of -s. «id. and ~s. !)d. in cash .from Arthur Spiojs, by means of a valueless cheque wifli intent to commit fraud. In the fourth charge he was alleged to have, forged a cheque for £5 45., drawn oil tTm Bank of New Zealand, Tctone, signed J. Cochrane, and uttered the same to Mason. In tho fifth charge pcoueod ..ffftfl RJJtoi to Jiava o titled at Lower

I Tlutt cortaiu groceries to tho value of Bs. 10d., and £2 10s. in cash by means of a valueless cheque. Tho hearing involved tho calling of a large number of witnesses, several of whom sworo that Hurley was tho man who had presented the cheques for goods, whijo others wero not very certain'on tlie question of identity Throughout tho hearing tho accused conducted his own defence, and at the conclusion pleaded not guilty. Ho was committed to the Supremo Court for trial. MINiraTcASE. Samuel Charles Jlinifie was further romanded to September 3 on a chargo of attempted murder. Bail was allowed as before.