VIOLENT ASSAULT.

Globe, Volume XXII, Issue 2125, 15 December 1880, Page 3

VIOLENT ASSAULT.

At the Magistrate’s Court, Bangiora, on Tuesday, before J. Beswick, Esq., R.M., S. Hoywood,and A. H. Cunningham, Esqs , Harry Hilliard, Thomas Anderson, Harry Elliott, and Thomas Wilson were charged with unlawfully assaulting O. E. Hugo on 9th inst. Mr Clark appeared for the prosecution. Mr Stringer for the defence. The accused pleaded “ not guilty.” Oswald E. Hngo, who conld hardly speak above a whisper, was placed close to the Bench. He said on the day in question he had returned to his lodgings at Webber’s boarding house after giving a lecture on mesmerism at the Literary Institute. When he went into the kitchen the accused wanted him to go into another room, and apologise for having said that the house was not a respectable one. Elliot and Jones both took hold of him and dragged him by the arms and hair into the dining-room, where those present threw him on the floor. He called for help and tried to resist the attempts to place a rope over his head. They got it round his neck and drew it so tight as to injnre his throat. He remembered nothing more after gasping for breath till he was again in the kitchen recovering from a sort of swoon, and they were_ standing over him, Hillier and the others using very bad language. When on the floor he believed he had been kicked. The accused all seemed to have been drinking. It was 11.30 when he went home, and about 12.30 when he>reoovered so as to realise his senses. Before tbe attack he heard a voioelike Wilson’s say, “ don’t mark his face.” When he recovered his coat had been polled off and his shirt tom as produced. By Mr Stringer —We were all fellow boarders. Had called the the house a bad one, but apologised to Mrs Webber, as it was not her fault. Had not taken any other stimulant except chlorodyne after my lecture. R. Truman, jtmr., gave evidence that two of accused marched the complainant into the dining-room because he had called the house a bad one. and wanted him to apologise. After a scuffle the lamp was upset and a rope was put over his head. They lit matches till a candle was brought. The rope was not tight. The accused sang a song. “ Blow the man down ” or “ Lower the man down.” Complainant pretended to be senseless. He might ihave been in a faint. The accused were separated by Mr Webber, who got in through a window. The rope was taken .off after Hngo appeared to he insensible. By Mr Stringer— Did not see any attempt te strangle complainant. They pretended to mesmerise him when he was senseless, and they could see his eyes moving. The accused were the worse for drink, but knew what they wore doing. J. Alford gave corroborative evidence, stating that two of accused were fanning complainant to bring him round, and that he_ complained of having received a kick. Mr Stringer here said that the facts would not be disputed. Dr. McCarthy was called. He said complainant called on him on the 10th. He was in a nervous state—his throat much swollen, his voice indistinct, and there was an abrasion on his right temple. There appeared to have been violent pressure, as of hands or a rope, round his neck. It would be about five weeks before he recovered. Mr Stringer did not_ propose to call any rebutting evidence, bnt pointed ont that complainant had brought the matter on by giving the house and those who lived there a bad character and refusing to apologise. While he wanted to make it appear he was insensible an hour the witnesses showed that the whole affair only lasted from ten minutes to twenty minutes, and the parties, seeing the extent of their conduct, did what they conld in fanning him to bring him round. The Bench retired, and on returning the Resident Magistrate said it was just a question whether they should send accused to gaol or give them the option of a fine. The offence of which they were convicted was a cowardly, wretched piece of business on the part of four strong men upon a man in a delicate state. The excuse that the affair was started in fun conld not be entertained. They would each bo fined £5 and ordered to pay costs, half the fine to go to complainant. The clerk stated that tbe amount dne from each was £G 7b, Hilliard announced that none of them wonld pay. They, however, thought better of it, and during the day the fines were paid.