ASSAULT CASES.

Gisborne Times, Volume XVII, Issue 1361, 24 January 1905, Page 4

ASSAULT CASES.

PERJURY SOMEWHERE,

At tho Auckland Police Court Josoph Noyer wftß charged with assaulting William Henry Williams and John Ruano, tramway conductors. Tho defoudani Noycr. on tho other hnnd, charged Williams with assaulting him. Noyor was ulso charged with furious diiving. William II Williams said thoy loft the Queen street terminus for Newmaiket at 18 minutes to 11 a.m. on the ldth inst. When they were nearing the top of Symonds street, Noyor, who was driving a r ,art with two horses attached, repeatedly drew on the car-lino, hindering the progress of tho car. When thoy reached tho corner of Khyber Pass and Symonds streot, ho got on tho lino again, and ho (witucss) got cCf the oar to asli Noyer to keop oloar. Witness then asked Noyer for his name, but ho refused to give it. Witness went back to his oar, and Noyer followed him and tried to pull him off by tho leg, but witness got free and kickod Noyor. He asked Noycr for his name, but he replied by hitting witness botwcon tho oyes. By Mr Lundon : Hid you not say to Noyer, 11 1 want your name, and if you don’t give it to mo I will clip you ovor the oar ? ’—l deny it every time. Ho you remember “ hauling oil” and oatching Noyer on the nose, and then running to the car from fear Noyor would retaliate? —No, certainly not. Did you not take off your bog with tho intention of fighting ? —No, I took i? off with tho intention of going for the police. Did you not want to fight a member of the Mount Eden Road Board ? —No. Mr Lundon then wont on to examino tho witness at some length, with a view of showing that tho oar passed tho cart about 80 yards, then pulled up, Williams going back to the defendant. John Wilson, motonnnn of the same oar, said Noyer continually pulled off and on the line. As they were going round tho Symonds street corner, sotnoono said to him (witness) that his oonductor was in trouble. Ho saw Noyer strike Williams. Williams aekod him to hold his bag and watch Noyer, while ho went to get a policeman. In answer to Mr Lundon, tho witness soid the car was about ton yards or 20 yards in front whon ho pullod the oar up. Ho caught hold of one of t’ e horses in order to detain Noyer till the polios came, lui when Noycr lashed out with his whip ho kt tho horse go aud went back on to the car. In ar-swer to Sergeant Hendry, witness said he did not see Williams shape up as fto fight. All Williams said to him was ■■ Hold my bog while I get a policeman.” John Ruane said his car left Q em street two minutes behind car No. 14. Whon he got to tho top of Symonds slrcit he saw Williams bleeding, and after finding out what was up, bo made after Noyer and tried to got bold of the leader, but Noycr hit him with tho whip. In answer to Mr Lundou, ho said he got into tho cart afterwards, but nobody tried to throw Noyer out of tho cart. In answer 10 Sergeant Hendry, tho witness said his only object in running after Noyer was to detain him from tho police. James Champion, a voluntary witness, said ho saw Noyer strike Williams. He saw no provocation on Wilburns’ part. He thought Noyer was intoxicated. Other witnesses gave evidence as to seeing Noyer assault Williams.^ Mr Lumdon, on behalf of Noyer, contended that it was au impossibility for a cart to go round the Symonds-stroet and Kybor Pass corner without touching the rails. As lub client was going round the corner the car nearly “ bumped” into him, and his olient told the motorman he should be more careful, and looked at the motorman to see his number. Both the tramway men got off and went over and used offensive words to him. Mrs Stokes, called by Mr Lundon, said she was standing in front of Dr Shannon's when she saw the oonduotor kick Noyor in the chest. Tho conductor then took off his bag, and she thought he was going to fight. In answer to tho Bench, Mrs Stokes said tho conductor deliberately kicked Noyor in the ohost. Sergeant Hendry : Did you seo Noyor catch hold of the conductor’s legs?— No. I was watching, and if ho had taken him by the leg I would have scon it. Pctor Browin said he was sitting on the back platform of tho oar. He was the nearest to the place whon tho conductor kicked Noyer. He saw Williams kick Noyer twice, somewhere about the chest. In answer to Mr Martin, tho witness said ho did not see tho driver of tho cart run after tho car. Ho thought tho conductor did a vory cowardly thing. He did not know why it was done. Sergeant Hendry: Do you swear that the diiver of the cart did not catch hold of the conductor before tho oonductor kickod him ?—Yes, I will swear that he did not touch him.

Several other witnesses gave ovidenco for tbo defence. Some of them said they saw tbo couduetor hick Noycr, as they thought, without provocation. They denied that the man Noyor caught hold of the conductor before tho latter kickod him.

Mr Martin, in defending Williams, said if Williams was convicted of assault, four or five of tho witnesses would have to be convicted of perjury. If Williams was in tbo wrong, it was not likely that bo would delay his ear to get tho police, when thero would bo a car-load of witnesses against him. .

The Bench, owing to tbo conflicting nature of the evidence, dismissed the case. Both sides had to pay their own costs.