MAGISTRATE'S COURT

Dominion, Volume 11, Issue 44, 15 November 1917, Page 9

MAGISTRATE'S COURT

ASSAULT IN A RAILWAY CARRIAGE. J[r W G. Riddell, S.M.. presided at tho Magistrate's Court yesterday. William Ellam was charged that on September 1, between Koputaroa and ■Levin, in a railway carriage, ho did assault one Peter Mouet so as to caiiso actual bodily harm. Inspector Marsnck eonducted tho fuse for tho police, and Mr. E. H. Cornish appeared for the accused. Peter Jlouet in his evidence stated that lie was a labourer employed by the Wangamii Harbour Board. While travelling in the train between Kopu.tiroa and Levin a discussion' started between accused and witness about the 6ize of their hands. A bet was made, and when accused saw ]\[onet's hnnd he said that what he meant was that ho had tho largest span. A l)et -was made on this also, which the necused lost. Ellnm lost his temper, and hit witnwe in the face- nnd knocked him down Witness caught hold of accused, a struggle followed, both fell, and witness broke hin leg in iiie fall. Accused hnd had a few drinks, awl wit)lP'\? had lind. one or two. In cross-examination hi'miss denied, striking Ellnm first. ITe ehoolc liands will the accused after the .V"id™t. )To did not think it was done intentionally. It nns a pure weidetit. Evidence was also given by two others who were in the railway carriage at tho time of the accident. Mr. U. IT. Cornish, on behalf of (he accused, maintained there was no cue to answer, and asked that the information should bo dismissed. The Magistrate 6nid he -would not do that, for there was a ease to answer, but ho would reduco tho charge to one, of common assault, _ Thenccused then gave evidence, detailing liis version of what led up to. the struggle and the subsequent accident . Ellam was convicted and fined J3l, nnd ordered to pny expenses of witnesses. REMANDS'GRANTED. A remand until Monday , next was granted in the case against Augustus George Warner, charged with unlawfully interfering, with Provost Sergeant-Major Daniel Crowther -while in the execution of his duty, and two other charges arising out of the disturbance that occurred on Saturday evening, November 3. Bail (V.is allowed in .£3O and ..ono surety of .£3O. " . ,- ; . John Alexander Larkin, charged with the theft of two flasks of whisky, and Ralph Williams, charged with stfr.ling a quantity of liquor, -were remanded for a week, tho bail in each case being XSO and one suroty of ,£SO. ■ :