Resident Magistrate's Court. [Before H.B. SEALY, Esq., R.M.] TUESDAY, 29TH OCTOBER. Assault.

Hawke's Bay Times, Issue 1522, 5 November 1873, Page 2

Resident Magistrate's Court. [Before H.B. SEALY, Esq., R.M.] TUESDAY, 29TH OCTOBER. Assault.

Lauritz Kjelsen, a Norwegian, appeared to answer the information of Caroline Blom, also a Norwegian, that he did, on the 26th instant, unlawfully beat and assault her. In this case, the parties and their witnesses having but an imperfect knowledge of English, the evidence was taken through an interpreter. The complainant appeared with her head bandaged, and her left eye severely bruised and blackened. The accused pleaded not guilty. Caroline Blom deposed : I am the wife of Mr Blom ; on the 26th instant, my husband and I occupied a room in defendant's house. We went to bed a little before 10 o'clock that night. About midnight I was awakened by a noise ; the defendant entered the house, looking for a boarder who was not in. After a time he went out, shutting the door behind him. About 2 a.m. he returned, and made a great disturbance, asking for the same man, Mr Viger. Viger was then at home. I called to the defendant that he had no business to seek him at that late hour ; he must wait till morning. He said I had no business in the house. I said I rented the house. He replied that if I could not keep quiet, he would show me how. He came and seized me by the throat as I lay in bed. By using both my hands, I got his fingers away from my throat. My husband rose, put his clothes on, and went for a light. Before he got a light the defendant struck me in the eye with his fist; he then left me, and went to his own room ; I got up and began to dress myself. My husband was at this time in the kitchen. The defendant came back and threatened me again; I took a kerosine bottle from the table, and told him I would hit him on the head with it. He then left the room, and I continued to dress myself. He came back directly after, and tried to turn me out of the house, tearing my clothes and bruising my arm ; I have still the marks on my arm where he grasped me. Some of the other lodgers then came to my assistance, and pulled him away. By the Court: The defendant is the occupant of the house, and lets the rooms. My husband and myself have occupied one of the. rooms since Monday week. We were there by defendant's permission, and he had never told U 3 to leave. We had paid him no rent; but we had not been quite a week in the house.

Johannes Blom, sworn, deposed: lam a cabinet-maker. On the night of the 2(ith, the defendant came to the house, and I opened the door for him. I did not know the time, having been asleep ; it must have been past 10 o'clock. He asked for Vigor, and I said he was not in. He said Viger must not come any more to the house. He was very noisy, knocking on the table and stamping on the floor, and my wife called to him to be quiet. He'said he was master of the house, and that I knew it. He went out, and I went back to bed. After I had been asleep for a time, he came back; it must then have been past midnight. He again came to search for Viger, and lighted the lamp to look for him. My wife called to him not to make a noise ; that Viger had retired, and it was too late to come for him. Defendant replied that if she was not quiet, he would turn her out of the house. He came into our room, and stuick my wife ; it was dark ; the lamp was in the next room, aud the door nearly closed. He asked her if she could keep quiet now. She screamed ; and I knew by the sound that he was holding her by the throat. I told him to leave my wife alone, and when he would not, I arose, and fled out of the back door. I came in at the other door, and seized him from behind, by his clothes ; he' then let go of my wife's throat, and struck her in the eye. She told me to get a light, and I went into the nextroom and brought the lamp. As I came in with the light, I heard the defendant say she was going tq strike him with a bottle. By the Court: My wife did not strike the defendant, cither before or after the assault; she only said she would do so if he did not desist. He turned her out of the room, and she came in again by the back way, and finished dressing.. When I brought in the light, I saw some torn clothes belonging to my wife lying on the floor ; I had heard the defendant tearing her clothes. He did not appear to be drunk ; he may have had a few glasses, but was in his ordinary condition. lie turned us out of the room, and we stayed the rest of the night with another party, with whom we have remained since. Karl Vigor deposed : Last Sunday morning, I was in bed in my own room ; I was awakened by a noise, and saw the defendant turning the complainant out; they were in my room. I went to her assistance, aud called Thorstenscn. When he came, tlm de : fendapt wput ipto his own room and shut the door. I cannot tell what he wanted with me at that late hour ; I had been in his company all Saturday evening, till midnight, playing cards with him, and had borrowed 5s from him. I did not see him strike the complainant, but saw him taking hold of her, and heard her cry out. Defendant had had

a. few glasses, but was not drunk Adolf Thorstensen deposed : I occupy the next ropm to these parties, During the night in question,' I heard Mrs Blom crying out ; I opened my door and let her iuto my room. I heard Vigor calling me to her assistance ; but when I wcut out it was all over. I saw marks of bruises on the complainant ; I particularly noticed the bruise in her eye.

This closed the complainant's case. The accused had declined to question any of the witnesses, remarking ; l; I will tpll a straightforward story when 'my' turn comes—what more can Ido 1" Being called upon for his defence, he made a statement as follows : —I came home on Saturday night; at what hour I cannot sny. I said Vigor must not be allowed to stop in the house any longer ; I had not let it to him ; lie was only a boarder with Thorstensen. I said I wanted Vigor, and Mrs Blom said he was not at home. (The witness here related at length _an abusive conversation winch snsuod. The interpreter,' who seemed a 'little put of patience, asked if it was necessary to repeat it all in English. Mr Inspector Scully said this partly depended on the kind of language used. From the interpreter's reply, it appeared that the most objectionable expression was a term corresponding tp " a fool," applied by the complainant to the defendant.) lira Blom was in bed at the time ; and M? Blom told her to' keep quiet, or they might be turned out of the house, She must have been drunk, for she was striking her husband with a bottle. She struck her own eye against the bed-post. My wife took the bottle away from her, when she ilew against the bed-post, which gave her the black eye. I told her that if she was not quiet, I would ,i.uru her cut. I took her by the arm, and she tore two' shirts' off inc. T »cn{. away tq my room, aud'shut th'c door—'l wa's'a'fraid of being killed in the battle. The Court: Have you any witnesses ? Defendant: Only a scratch under my chin, where I was bftteu, ' Vigor, recalled : I cannot say whether Mrs Blom had been drinking. I saw no sign of' jt.' I had been away all the evening; Thorstensen wilj know better than I. Thorstensen, peoaUcd ; Complainant was out shopping with hei< husband on Saturday evening, and showed no appearauee of having been drinking.

The Bcsideut Magistrate, addressing the defendant, said that the Court was fully satisfied that he had struck the complainant a violent blow ; and that the assault wag entirely unjustifiable, there having been no provocation, He would be fined M, that sum to include the costs of Court, 15s 6d ; in default of payment, to be imprisoned with hard labor for a fortnight.

The defendant, who appeared quite unmoved, suggested.that the value of two shirts might advantageously be deducted from the line. He would be iquite unableJto pay the fine, as he was at present paying off his pas-gage-money,

Mr Inspector Scully said that* the defendant was a painter, earning good wages, and would find no difficulty in raising the money, if so disposed. The defendant was then removed in custody.

FRIDAY, 31st OCTOBER. Drunkenness. Eliza Brunskill, a notorious offender, was committed to prison for seven days, as an habitual drunkard.

SATURDAY, Ist NOVEMBER. Assault.

Charles Days Was charged, on the information of J. D. Powdrell, witli having unlawfully assaulted him on the 29th October, by striking him with his hand. In a second information the defendant was charged with using abusive and threatening language to complainant, who applied that he might be bound over to keep the peace. Mr Lascelles appeared in support of the complaints. Defendant, who was represented by Mr Lee, pleaded not guilty. As both informations related to the same affair, they were heard together. J. D, Powdrell, complainant, sworn, deposed : lam superintendent of railway bridges, appointed by Mr Weber, the Provincial Engineer, on behalf of the Government. Tire defendant is a sub-contractor, working at a railway bridge at Waitangi, and Messrs. Brogden and Son are represented there by Mr Bell. I have had occasion, in the exercise of my duty, to make ft;good many complaints against the defendant. On Wednesday, the 29th October, I was at Waitangi, when Mr Days came np in a most furious and frantic manner, and threatened to assault me. Mr Bell interposed and prevented him. Subsequently he did assault me by striking me with his hand, at the same time saying, " I am going to make dust of you." By Mr Lee : I did not tell Days to go off the work ; but I told Bell, in his presence, to order him off. I know Sylvester ; I don't think I ever ordered him to desist from his work. Days has on two occasions told me not to speak to his men and waste their time. I have spoken to his men; but have not delayed them at their work, I never stopped two men at a cross-cut saw while I held a conversation with them. During the five or six weeks I have been employed as Inspector, I have [made many complaints regarding Days' work, and the quality of the timber used by him. In several cases Mr Weber, on examination, has not passed it, and has ordered improvements to be made, according to my recommendations. Mr Weber has never complained that I have overstepped my instructions ; on the contrary, he has endorsed my recommendations. I never told Mr Bell, Brogden's overseer, that I would make it a caution to Days so long as he was on the work; I never said anything of the kind.

By the Court: I have authority to order a man off the work.

By Mr Lascelles: It has been to Days himself that I have spoken regarding the quality of his work. I have been appointed by the Government to superintend the contractors work.

Robert Bell, sworn, deposed: Last Wednesday some men were at work at the Waitangi bridge, and the complainant came and interfered with the men at their work. He objected to a piece of timber, which of course displeased Mr Days very much. Some things had occurred previously between them ; they had had a dispute. Powdrell asked me to order sub-contractor Days off the ground. Bays of course did not take it well, and a conversation took place on various subjects. They spoke about the work, and Days said he would knock complainant into the dust, or something of the kind. I did npt see Days strike or catch hold of the complainant. I stepped between them to prevent a collision —to keep the peace. I happened to be so situated that I passed in between them when there seemed likely to be a collision. Days seemed excited, and so did Powdrell. Days jumped about round Powdrell, and flung his arms about a little. I took hold of Daysjust to keep him quiet like. I will not swear that Days did not strike Powdrell. I led Days away. There was a discordancy between them ; Powdrell had been interfering a good deal with the work, and objecting to some of it. We have had to drive additional piles close, to those already driven, and othsr alterations have been made to please Powdrell—principally with regard to the piles.

Ey Mr Lee: lam inspector on behalf of Messrs. Brogden and Sons, and it is my duty to oversee the work. I have seen Powdrell among the men, and showing them what to do. I think I have heard Days telling him not to do so. On Wednesday Days set his men to a piece of! work, and brought a piece of tiinber- for it. Powdrell looked at it, and told the men and myself that it would not do. Days* who was passing, said it would do. Powdrell seemed put about, and objected. Mr Weber had been there before, inspecting the work and the timber used.

By Mr Lascelles: Powdrell objected to me and the men; not to Days himself. Days said that the timber had been passed before. I told him to get another piece. It was for a temporary purpose, intended for qse in one, of the trusses or main booms. I was aware that Powdrell was there on Weber's behalf. I haye seen Powdrell pointing out objections to Mr Weber. Powdrell told me to order him off the ground. I said " Who do you mean ?" and he said *' Subcontractor Days." Days heard him, and it was then that the affray took place. They talked loudly. Days told me to give him ail my orders in writing in future ; I replied that I had no pen or paper handy. Days seemed excited; he talked a, good deal in a loud voice, and said something about making dust of Powdrell. I have never given any orders in writing before. By the Court: The piece of timber objected to had been cut out for a key,-piece, and a good deal of labour had been expended upon it.

James Sellars deposed: lam a shipcarnenter. I was working at Waitangi on Wednesday last, and saw Days in a very excited state. He made an attempt tq assault Powdrell,but was prevented by Bell. He tried to get away to Powdrell, but Bell held him for some minutes. Days used some badlauguagc, Before the dispute, some timber had been rolled up, and I was working upon it, when Powdrell said, " I can't pass that piece." I said I had nothiug to do with it. He called Bell's attention to it, and Bell told me to got another. I did so, and Powdrell objected to that also. Bell said I had bettov get another. Days at that time cama up, and was told that the piece Was condemned. He said to me. " Fit that piece in ; Powdrell has nothing to do with you." Powdrell said, " I object to that piece." I went on with my work ; I fitted it in, and worked three hours at it. Just after I began fitting it in I heard a noise, and looking up, 1' saw. Days very excited, trying to get to Powdrell, arid Bell holding him. By Mr Jjee: During the few minutes before I heard the noise, an altercation was s;oing on, but I did not notice what took placp, J have boon employed on the work since the lfth Ootpber, Powdrell sat beside me for abovjt fifteen minutes while I was at work ; he examined the timber, and passed a few remarks; I did not stop my work. Days came up and ordered him away, saying, " Don't come talking to my men." Powdrell never spoke to me after that. I heard Days ask that all orders about the work should be given him in writing. This closed the complainants' case, and Mr L&e asked that the information should be dismissed, He maintained that the ovidonce of Powdrell was not reliable ; that he had noright on the property at all; that Days was legally in possession, and had a perfect rjghi to turn him off. Mr Days was responsible only to Brogden and Soils, wnose'suporvisor was> there'; and the complainant had caused him great annoyance by interfering with his men. and raising frivolous objections and having troublesome alterations made, evidently from motin&of malice.

The Resident Magistrate said he certainly could not agree with Mr Lee, that no case had shown. Neither could the Court go into the question which had been introduced regarding the way in which the work was being performed. The questions for the Court were—whether violence had been used, and and if so, whether provocation had been given, leading to that violence. Sylvester, sworn, deposed: I am a laborer, working for Mr Days, at the Waitaugi bridge. I saw nothing of importance take place on Wednesday last. Mr Powdrell had been interfering with the work by condemning timber which had been approved of by my employer, Mr Days, Days and Mr Powdrell had a few words, and while this went on, the men could not set on with their work. I saw the whole ; there were just a few words; there was no assault nor shaping. Days was just a little excited ; so was Powdrell, but not so much as Days. Days is an excitable man. Powdrell has often talked, to myself and the other men. lie had talked to me for half-an-hour at a time, and hindered me—l can't talk and work. Powdrell went and spoke to the carpenters, and Days told him not to interfere with the work. By Mr LaEcelles: I was standing and listening: I could not go on with the work. My work had nothing to do with the con- ! demned piece of timber, but I wanted co see what was going on. Bell was agreeing with Powdrell. Ido not know that Days wanted to strike Powdrell. Bell got in front, and put his hand on his shoulder, to keep him from striking Powdrell. There was a little warm language—Days was cursing and swearing. A good deal passed that I took no notice of. James Dunbar, sworn, deposed: lam the representative of the firm of James Brogden and Sons; Days is a Contractor under me ; Bell is overseer. I supervise the works myself. The Government have a right to inspect the work. Mr Powdrell represents Mr Weber on behalf of the Government. His duty is to report anything defective to Mr Bell, who reports to me. I have had several complaints made to me. Mr Powdrell has objected to some of the piles used, and after Mr Weber's inspection they have been tissscd.. By Mr Lascelles : A few days ago there was a dispute respecting a pile, which was ordered to be drawn. It was so firmly driven that it could not be drawn, and another had to be driven beside it. I know nothing of the assault.

Mr Lascelles wished, as proof of Mr Powdrell's authority, to put in a letter written by Mr Weber, the Provincial Engineer. The Resident Magistrate said it was quite unnecessary, and would only complicate the case. He was quite satisfied that Mr Powdrell was on the ground in the performance of his duty, and was quite juf tified in being there. In the performance of his duty he objected to certain timber—whether rightly or wrongly did not appear, and with that portion of the affair the Court had nothing to do. Mr Powdrcll'B duty—to protect the interests of the Government against the contractors and sub-contractors was no doubt often an unpleasant one. An assault, though not of a violent kind, had been clearly proved, and it was probable that but for the interposition of Mr Bell, more violence would have been used. The defendant would be

bound over to keep tae peace for six months —himself in £SO, and two sureties in £2O each, and to pay the costs of Court. Mr Lascelles applied for counsel's fee, which was grauted. Mr Lee intimated his iuteution of appealing. The Resident Magistrate said he would be perfectly right in appealing if he thought fit, but the Court did not think that these continual threats of appeal, held out on every occasion lately when a decision was given adverse to Mr Lee's clients, were proper or seemly. Mr Lee said he would be the last man to hold out a threat of appeal against a decision. * The costs in this case amounted to £3 lis.