ALLEGED ASSAULT.

Manawatu Herald, Volume XXXVI, Issue 1297, 15 September 1914, Page 3

ALLEGED ASSAULT.

EASTON v. MARTIN.

CASE DISMISSED

At the Magistrate’s Court Palmerston North last night, before Mr J. W. Poynton S.M., Frederick Spencer Easton charged Nicholas Martin that on June 30, 1914, at Foxton, with intent to do grievous bodily harm to him, wounded and did actual bodily harm to the said Frederick Spencer Easton. Mr Cooper with Mr R. Moore appeared for the informant and the accused was represented by Mr Gifford Moore.

In opening the case Mr Cooper said that on the date in question the informant came out of Whyte’s Hotel at about half-past eleven at night and was violently assaulted by a man who be says was Martin, Some time previous to this Easton had had occasion to remonstrate with Martin and as a result of the trouble on that occasion Martin had apparently waited for a chance to get back on Easton. Counsel briefly outlined the evidence for the prosecution and called

Dr. Mandl, who stated that he attended Easton early in August—somewhere about the first or second he thought. He was then suffering from recent injuries to his face. The left side of the face was very swollen and the right side somewhat swollen and there was a partly healed wound along the nose and a semi circular mark extending along the left cheek from the eye to the lower part of the nose. Two ol his front teeth were also chipped. The injuries had been received two or three days previously. One or at the outside two blows would, in his opinion, cause the injuries. He couldn’t reconcile the wounds to those from a fist. They could have been caused by some hard substance.

Cross-examined witness said he was not sure of the date he attended informant as he had not his diary with him. Frederick Spencer Easton, farmer, stated that he knew the accused Martin. On the night of June 30th at about 11.20 o’clock, he came out of Whyte’s Hotel, of which he owned the freehold, by the back door. On going towards the gate from the back yard he met accused. He did not recognise accused at the time. Another man, whom he did not know, was with accused, Martin said, “good night.” Witness had his hands in his pockets and replied, “good night” and looked up. Accused then said, “l 'am Nick Martin,” and then struck witness a very heavy blow on the left cheek and nose. Martin’s mate was then some eight or ten yards further on and he ran to him and said, “I've plastered him,” and then ran away. Witness called out, “You cur Martin, don't run away.” He called out more than once not to run away. He couldn’t say what he was struck with. It was a dark night. He was cut on the nose, down the bridge of the nose and under the eye and his two front teeth were broken at the tips. His left eye was swollen up and in a very bad state. He was dazed. He didn’t complain to anyone that night. He stayed in the yard for some time. He got home at half-past one. As a rule it took him from 15 to 20 minutes to drive from the hotel to his home.' He bled very much. Four days later Dr. Mandl cathe out and attended him and subsequently he went to the dentist. About a month or six weeks previous to the assault be had told Martin to keep away from his private house. He came there twice and asked for a job. Witness told him not to come about the place any more and that he had no work for him. Martin had been in the habit ot going out with a girl in witness’ employ and had brought her home at three o’clock in the morning. About a month previous to the assault in consequence of information received he stayed out until three o’clock in the morning when he met the accused with the girl coming towards his house. Witness had words with him and told him to keep off his property. He had a short stick and hammered him off the place. On the night of the assault he recognised Martin by his facial appearance and also by his voice. It was a starlight night. The lights on his car had burned down and he was able to see to drive home without them. As a result of the injuries sustained he was confined to his home for three

weeks. To Mr Moore: On the day of the assault he arrived at the hotel about ir.45 a.m. Went out after lunch and returned about two or half-past two. Himself and several friends were in the bar parlour and they bad a few drinks. He had some champagne upstairs about 4.15, and previous to that may have had one or two whiskies. Had nothing more after the champagne. Previous to going upstairs, on going out of the bar parlour, he struck his face against the. edge of the door, making a small mark. Was not attended by a nurse in the house. The nurse' dipped the corner of witness’ handkerchief in some water, and he wiped his face with it. Witness did not have any tea that night. About half-past six he went upstairs and lay down, and went to sleep, remaining there until just before he started for home. Didn’t see Mr Freeman if he came in to see if witness was alright. He was quite positive he saw two men in the yard, and did not mistake gate-posts tor men. Was quite sure he didn’t fall or knock himself against the corners ot the hotel as he went out. He considered Martin spoke as loud as be did, and anyone that heard

his voice should also have heard Martin’s. Until Martin spoke witness did not recognise him. It took him some time to start the car, as his nose was bleeding very much. Was sure he didn’t strike his face against the car when trying to start it. Didn’t ring up the police and report the matter or take any steps until he saw the sub-inspector about 30 days after. The sub-inspector told him he should have taken some steps the next morning, but witness said to him, “What's the use with the man you’ve got there.” Didn’t tell Marlin previously that he would get him in gaol before long. Witness had a warrant issued for Martin’s arrest, and got the warrant signed by Mr Fraser, J.P., of Foxton. Mr Fraser keeps his firm’s books. Didn’t know then that Martin was about to be married. Knew that he had left the town. It was news to witness to know that be was brought up in Foxton the day after he was married. On the night of the previous trouble with Martin he couldn’t say if he brought the girl home from a dance or not. Witness considered that it was in consequence of this trouble that Martin attacked him. He was not drunk on the night of the assault. The reason he did not have any tea that night and went upstairs and had a sleep was because he was not very well and his sleep was always bad. To Mr Cooper: Did not report the matter to the police at once, but waited unti' he went to Palmerston, and could see the inspector. There were differences of opinion between himself and Woods, and he had no faith in him.

Nurse Johnston gave evidence to the effect that the wound made through Easton knocking his face on the edge of the door was really only a slight scratch. She saw nothing in his appearance to make her doubt his sobriety. William Howie who saw the informant on the morning of July rst at his house, said his face looked as it he had been in a motor accident. It was swollen and there was a cut across the nose.

Thomas Smith gave evidence to the effect that on the evening of June 30th, he arranged ior Martin to help in shifting some machinery the next morning, but Martin did not turn up. Withers then went and saw him, and he said it was not convienent for him to come, and asked him to get someone else, but said that if he was stuck he would help him.

This concluded the case for the prosecution, Mr G. Moore contended there was no case to answer. The whole charge was based on the unconfirmed statement of Easton, who stated that on a dark night he saw two men and was struck by one ot them. He submitted that on the informant’s own statement he couldn’t see who struck him. He admitted drinking at Whyte’s Hotel that afternoon, and had had whisky and champagne, had gone without any tea and had had a sleep. Had slept for six hours. Then he found his way out of the hotel at the back and received an injury. As far as Martin was concerned there was absolutely no evidence that he was in the vicinity at all. The position was that informant came out of the hotel and received an injury, and then charged a man with assault against whom he brings insufficient evidence.

The Magistrate said he would hear the defence and Counsel called

Arthur Edwards, a boarder at Whyte’s Hotel, who stated that on the night of June 30th he heard a voice in the back yard which he recognised as Easton’s. He heard him say, “You cur! You !” He did not hear any other voice.

To Mr Cooper: He did not subsequently tell Freeman, Coley or Trask that Nick Martin had knocked Hasten out. He told them that someone bad knocked Kaston out but that he didn’t know who it was. He heard Easton washing himself at the tap and spitting and coughing. Percy Eumsden, proprietor of the Manawatu Hotel, gave evidence to the effect that Martin slept at his hotel on the night of June 30th. Witness saw him go up to bed a little after ten o’clock and did not see him again until next morning. His bed was occupied. He could have got out and in the house again by way of the fireescape or back staircase without witness’ knowledge, Nicholas Martin staled that on the night in question he was in Foxton, having that day finished his employment for a man named Powell. Had a drink with Powell and Smith at seven o’clock, at Whyte’s Hotel, and afterwards went to the Manawatu Hotel and booked a bed for the night. This was about 8 o’clock. He had a drink, and afterwards went and looked on at a dance in the Masouic Hall. Returned to the hotel just about xo o’clock. Had a drink, and went straight up to bed. Was not out of his bedroom again until seven o’clock the next morning, He had heard Easton’s evidence. There was no truth in his statement that witness struck him that night. Pie would swear that he was not out of his bedroom from the time he went to bed until seven o’clock the following morning. He did not leave Foxton until four or five days after June 30th. In reference to Easton’s statement regarding the girl, witness said that he had taken her home from dances on several occasions and always went into the house from the road in order to take the saddle off her . horse and let the animal go. On

the night referred to, the girl, another man and himself rode home together. He tied his horse up at Easton’s gate and accompanied the girl towards the house, intending to take the saddle off her horse. Easton came along and struck him with a stick, and used violent and obscene language to him. Witness was arrested in Hastings. His employer went bail for him. He appeared in Foxton the day after he was married. No inquiries were made before he left Foxton, He had heard in Palmerston that Easton was blaming him for an assault, and he rung up the Foxtou police and asked them about it, and told them where he was working. To Mr Cooper: The night following the alleged assault he stayed with Smith Bros, at Motitoa. He stayed the-'' nights and then went to iiuiuaangt and stayed in his batch one night. The next day he went to Hawke’s Bay. During this time he was in Foxton at times during the day. He was now working about x 8 miles from Hastings.

Mr Cooper said he desired to call Messrs Freeman and Trask to prove that Mr Edwards had told them the day following the assault that Martin had knocked out Easton, but the Magistrate said it would not make any difference to the case. He was satisfied it was not a case for a conviction. Easton said the assault took place about xr,2o and that it was dark, but it must have been later as the moon would have been up until 12.30, Easton assumed that it was Martin that assaulted him in consequence of the previous trouble between them and also because the man said he was Martin. In a small place like Foxton it would soon be general knowledge if there was any trouble between certain wellknown parties and uo doubt it was generally known that there had been trouble between Martin and Easton, It was quite possible for some other person who had an old score against Eastpn to waylay him as had been done this night and to say “I’m Martin” in order to take the suspicion off himself, and it was probable this is what happened. From the evidence it appeared that Martin was asleep in bed at the time. The case would therefore be dismissed. He said he did not doubt Mr Easton’s evidence and had no doubt that he was assaulted and that the man who committed the assault said he was Nick Martin.