A FISTIC ENCOUNTER.

Gisborne Times, Volume XXVII, Issue 2412, 29 January 1909, Page 6

A FISTIC ENCOUNTER.

CLAIM FOR DAMAGES. JUDGMENT FOR THE DEFENDANT. A claim for damages lor, assault,' arising out of a fight between two young men., was hoard by Mr. AV. A. Barton, - S.M., at the Magistrate’s* Court yesterday, when Roy Campbell proceeded against Charles Walker to recover £lO damages for injuries sustained through an,-alleged assault by the defendant. Mr. J. Blair appeared for the plaintiff and Mr. AV. L. liccs for tho defendant.

Roy Campbell stated .that, his age was 21 years -and that lie slept in a tent at Mrs. AVhitehead’s in Harris Street. Fie was in his tent- on the evening of Thursday 21st when defendant came in and said, “AVhat have you been saying about- me?” Witness replied “Nothing,” and defendant said “Take that,” and struck him in the face. Witness was sitting down when he was struck and he got up and pushed defendant, -away, -but defendant struck him with his knee in the stomach. Defendant then- said “Come outside,” and when witness did -so defendant rushed at him and struck him several heavy blows on the face,, knocking him down. As lie -arose defendant again struck him on the nose. AVitne-ss then went into tho tent, bathed his face, and went into the chemist’s to have his injuries attended to. ■ His face was much swollen and his lip was bleeding. Four of liis teeth, were loosened and bent back by the defendant’s blows, and up to the present he w-a-s suffering a good deal. The lotion for his face cost 2s 6d, and he would have to have his teeth attended to by a dentist. As a consequence of these injuries he was unable to work for two days -and lost thereby 15s. He had been on friendly terms ’with defendant before the assault, and he did not know what caused the defendant to be the aggressor. On the morning -after the assault defendant came to witnesses’ tent and said “How is it now?” and witness -stated he was going to summons -toim. Defendant replied “All right; if I’ve got to pay I’ll pay.” To Mr. Rees: He did not offer to fight defendant, nor did he ask him to come out of the tent. They “squared up” at each other, but he did not strike defendant although he tried to do so. He never said to anybody that he would “punch” defendant when he met him. They went outside the tent -with' the intention of fighting ancl nothing unfair was done except when defendant struck him with liis knee. He had said to somebody that lie was a boxer from Auckland. -Frederick Hollis said that lie. was sitting alone on the verandah of Mrs. AYhiiehoad’s house in Flic evening of the assault. He saw defendant -walk into plaintiff’s tent, and heard the word “woman” mentioned. He also hoard scuffling in the tent and heard one of them say “Come outside, this is no place for fighting.” Defendant came out of the tent first, and was followed by Campbell. They commenced to fight and plaintiff tried to trip the defendant and there was a general scuffle for several minutes when plaintiff threw defendant on the ground. He got no and the struggle continued and eventually plaintiff was lying on the ground, face down with nose and mouth bleeding. About an hour afterwards witness saw plaintiff very mulch swollen -about the face. To Mr. Rees: He heard a conversation between the two in the tent before the scuffle commenced. Both of the men -appeared to be ready and willing to light. Plaintiff told'him tlhat lie had fought for the light-weight championship of New. Zealand. For the defence Mr. Rees outlined the case and called the defendant. Charles AValker said that he wont to Maintiff’s tent and said “Ai*o you the man that’s going to punch me?” Plaintiff said “Yes, and you can have it now, straight away.” He further asked plaintiff if he had told the women folk that he was going _to punch him (witness) -and plaintiff’s reply was “Shape up.” It was only a clinch that occurred in the tent, and plaintiff said “This is no place to fight; come out on the green.” They went out and foiight, and he struck plaintiff on the side of the face -and the fight was over. The following morning lie went in and asked plaintiff how he was and said “AVell you should not talk to women about being able to fight.” To Mr. Blair: He went to tho tent to see if plaintiff had made the threat and if he had witness was going to have a go at him. He did not strike plaintiff in the stomach while scuffling in the tent. Roland George Gaffey, a boarder at the same house-, staid tlrat lie saw the two men come out of the tent and commence to fight. Blows were struck on both sides- and plaintiff threw the defendant. The latter got up first and Campbell got on his knees and used bad language to defendant. He then stood up -and the fight- re-com-menced.. Campbell eventually falling on the ground with liis nose bleeding, and went into the tent. -Defendant also went into the tent and plaintiff wanted to shake hands, but defendant refused, saying “I never did 'anything to cause you to talk about iaae.” To Mr. Blair’: He had heard -about Campbell, the amateur light-weight, who was staying in- the house, and when the men started fighting he went out to see what ho shaped like. Both counsel addressed the. court at the conclusion of the evidence, and liis AVorship said that he w-as notsatisfied that the defendant did commence the attack. It was apparent that no damage had been done in the tent, and it was also clear that the two men had agreed to- go outside find have it out, and that the plaintiff had got tho worst of it. He did not think that plaintiff was entitled to succeed arid judgment would be for defendant. : No costs were claimed by defendant.