THE LATE ASSAULT.

Hawke's Bay Times, Volume 18, Issue 1159, 30 October 1871, Page 2

THE LATE ASSAULT.

In the Resident Magistrate's Gourt this morning, John Langhan was again brought up on remand, charged with assaulting Joseph Cowley on the night of Friday, the 6th inst. The following was the evidence taken :—? Edward Mann, painter, deposed : On Friday, the 6th inst., about 8 p.m., I was on my own premises, Coote-roacl, and hearing a tow outside, I went out. I saw Lynch and Cowley fighting in Langhan ? s yard. When they had done fighting, Langhan came ou t of his house, and Lynch went in. I saw no v. eapon used while Cowley and Lynch were fighting. Langhan told Gov ley to come out of the yard. Cowley said, " Will yon fight me? 1 ' They went into Masterson's yard, and I immediately heard Langhan say, "Take that." 1 heard a blow given at the same time, and Cowley fell with a groan. Mrs Masterson was there at the time. I saw no one else. At the time the blow was struck Lynch was inside Langhan's house. I went to Cowley and found him lying close to Langhan's fence, quite insensible, with a cut over his eye. 1 did not see whether Langhan had any weapon in his hand. As soon as the blow was struck, Langhan went into his house. I felt Cowley's head, and found a great lump on one side. I called Langhan put, and directed his attention to the state Cowley was in, telling him that if anything came of it he would be responsible. Cowley was then taken into Floyd'<, and his face washsd. By Mr Scully.—lt was not light enough to pee whether Langhan had any weapon. 1 said tQ Jiim, " You have hit him with a poker." He replied, " No, it was a stone." By Mr S Led man.—l was about ten yards away, standing at the fence when the blow was struck. I cannot say whether Lynch was sober or not. Cowley had drink in him, and was knocked down twice in the scuffle with Lynch. I could not swear that no weapon was used in that scuffle; but they seemed too close for that. 1 saw no stick in Cowley's hand. Mrs Masterson was quite close all the time, on the other side of the fence. I don't know how the Gut over the eye was given, Langhan said Cowley was tipsy, and had no business to come to the house. Langhan had been drinking a little. Thomas Lynch deposed : 1 am a laborer, living in Napier. On the evening of the Gth, T went to Langhan's house. Cowley was there, Mrs Langhan got up to put him out, and they had" a scuffle at the door I went to Cowley, and said " You had better go away, and not kick up a row at the door." He struck me, and 1 shoved him outside the door. He wanted to fight, and scuffled with me. I shoved him outside the gate, and left him. He was then all right. I went into Langhan's house, but did not see Langhan. In a minute or two he came in, with a hammer in his hand Tsaid, "Did you strike the man with that hainmer?" He said he did; the man had no business about his place, and he would do the same to anyone else who came that way. I said, "You should not have used such a weapon as that," I went out, and saw Cowley lying by the fence. Floyd and Mann were there, and Mann's daughter brought out a light. We took him to Floyd's house, and I gave him some water, which he drank. I then left, thinking he was coming round. By Mr Stedman: Cawley was not talking when I went into Langhan's. I don't know what he was doing. It way about 8 o'clock. I believe Langhan was in bed. There are two rooms in the house. I did not throw Cowley down; he fell twice. He was not sober. I did not nit him ; I merely shoved him out. There are stones about the place. I was sober; I had had no drink at all. The ha»nqaer I saw in Langhan's hand was such as js used in stone breaking, one of the smaller sizes. The han die was about two feet Iqng. There were two bottles of beer on Langhan's table. I saw no brandy. I saw no stick or other weapon in Cowley's hand. I did not hear Langhan say anything

about a stone. I might have given Oavvley the cut over the right eye, but do not believe I did. Dr. W. J. Spencer deposed : Jam a surgeon, practising in Napier. On Sunday, the Bth inst.,*l was called to attend Joseph Cowley at Mrs Morton's board-ing-house, where I was told he had been lying insensible for two days. I found him perfectly insensible ; on the right side of his head were three or four small scratches, and on the left side a la*ge puffy swelling, extending troni the eye to the ear. There were other bruises about tl}e body. I ordered the usual remedies, and communicated wich the police. T consider the swelling on the head io have been caused by a severe blow, producing concussion of the brain, which would cause insensibility. I could not tell whether the skull was fractured, on account of the large swelling. I attended him till the Tuesday following, when 1 had him sent to the hospital, and T have not seen him since. Mr Stedman here examined the witness as +0 whetljei? the principal injury could have been caused by a "blow from a fist, a kick, or a fall upon the ground, to all which questions Dr. Spencer replied in the negative. The case was then adjourned till 2 p.m., Mr Inspector Scully expressing his intention of calling Mrs Morton as a witness.