ASSAULT CASE.

Manawatu Herald, Volume XXIX, Issue 3776, 28 September 1907, Page 3

ASSAULT CASE.

A Stiff Fine. At the local Police Court this morning before Messrs Alf. Fraser and F. W, Frankland J’s P., William J. Gardner was charged by E. Coley with using threatening and abusive language in Coley St. on the 27th inst. calculated to create a breach of the peace also with assault by striking him on the stomach as well as the face with a naked fist. Gardner was further charged by Richard Lord with assault, by striking him on the eyebrow with a lantern. Mrßeade appeared for the plaintiffs, The defendant was not represented by counsel. Edward Coley, in evidence, deposed that he was coming up town last night in company with Lord, at about 7.15. Defendant caught up to witness and said he wanted a word with him. In the course of a discussion, plaintiff used threatening and obscene language, and struck complainant on { the stomach and again on the face, ! knocking him into the gutter. He had his hands in his pockets at the time.. .Plaintiff said he was rendered insensible for a while. Lord went away for assistance, and in the meantime Messrs Hovvan and Walsh came along and picked him up and took him home. In reply to the Bench, plaintiff said he did not think it was neccessary to consult a doctor. Richard Lord, in evidence, said he spoke to Gardner as he passed and said “Good Night.” Gardner/ said he wanted a word with Coley. Gardner asked Coley if he had said he (Coley) had spent 3s on him in drink and he wouldn’t return the “shout.” Coley said it was a lie. Coley told Gardner that he would not give him any more of his custom. This annoyed Gardner. Gardner then used bad language and got nasty and assaulted Coley. Coley could not speak for a few seconds after he had been struck. Gardner also struck witness over the face with a lantern, causing a cut over the eye. Neither he or Coley had given Gardner cause for provocation. Messrs Howan and Walsh gave evidence as to assisting Coley home. Coley was in a dazed condition. Coley was perfectly sober. W. J. Gardner, defendant, said last Friday week he called at Whyte’s Hotel for a whisky and quinine. He was suffering from influenza. Coley, Lord, and two others were at the bar having a drink. Had his drink, and was walking away when Coley said ; “You’re a nice tradesman, having a ‘Jimmy Woodser,’ and not ‘ shouting ’ for four of your best customers.” Defendant replied that they were having their drink when he came in, and he did not think it necessary to “shout.” He then walked out. Coley had subsequently given orders to his wife not to get any more goods from defendant’s store. Certain statements’s were put in circulation by Coley which annoyed defendant. He passed Coley and Lord last night and said “ Good night.” When he passed them they sneered out, “ Good night, Mr Gardner.” He then said he wanted a word with Coley, and after a discussion in ■ . . which strong language was used .rbvf both parties, Coley challenged v hip a nd he (Gardner) struck him. Lord said, “I can do with some of that,” and defendant then struck Lord over the head with a lantern. He denied that Coley had his hands in his pockets when he struck him. Coley was getting ready to strike him. Coley had used lauguage and threats which caused Gardner to lose his temper. The Bench convicted Gardner and fined him 20s and costs 7s, in the first case, in default seven days; convicted and fined 46s and costs 2is on the second charge, in default 14 days; convicted and fined 40s and costs 21s on the third charge, in default 14 days. The fines in all totalling 9s.