POLICE COURT.

Manawatu Standard, Volume XII, Issue 1722, 1 June 1886, Page 2

POLICE COURT.

MONDAY

(Before Messrs Hirst and McNeil, J'sP.)

ASSAULT AND DAMAGES.

August Kl<:inan v. F. Maulo, senr. Mr G. F. Hawkins appeared for the complainant, and Mr Staite for the accused. Mr H. Gardes acted as interpreter. Accused pleaded not guilty. The complainant sworn dopo3ed that on May 2lst he was leaving the Plioeuix Brewery after 5 o'clock with others' when he met the accused who charged him with hiding some tins containing grains. The accused swore at him, and on being remonstrated with by Millerick he caught hold of him aud said he would also hammer the witness. This he did at once and fell on him, tearing his coat and vest, and knocked him down. He struck him on the mouth and forehead. Tne witness gave no provocation. He ! merely said to the accused that he should not swear at him. Mr Pascoe was present and told the accused to go away that they had enough of it. Witness being m danger of his life asked that the acbe bound over to keep the peace. Witness examined : Never threatened the accused. Did not offer to compromise with accused by settling the affair out of court. Witness wifo was related to accused. . He diii tell tho accused it would cost him more than when he was nghtins r with the Maori^B. Did not get mnoli hurt ; did not receive a black eye or have any teeth knocked out. He did not swear at accused. He was annoyed with him certainly. He (witness) had been driukiog, he was sober though. MuHerick was the -first, whom accused struck; did not hear Mr Pascoe say to him that onn at a time was enough. Had a lawsuit before with the accused, and gained the case. Came out from home with the accused on the same ship. He did not call the case pooner because Mr Hawkins was away from town. Ke examined : He had his forehead scratched and bleeding. He was perfectly solier. Robert Mnllerick sworn deposed : He remembered the 21st May, saw the assault, there was some German lighting, not English. Manle went up to Kleman aud struck him, and then they both fell down aud Maule was on him and struck him again. It was evening. He could sac the accused moving about and striking the complainant on the ground. Klein an pushed Maule away two or three times, but tho latter returned to the attack. .Maule was the first who struck. Cross-examined : Maule struck wit ness first, witness then cleared. Witness saw the accused on top of Kleman, and saw him strike him on the stern. Erite Koeller deposed : R.iaembererf" the 21 st of May. Went to brewery to see Maule ; he sawiMullcrick and Maule holding each other, he weut away then. Win Henry Pascoe : remembered the day when the assault took place. Came out of tho brewery and saw tho altercation take place. The complainant and accused were embracing each other as he thought m a friendly fashion, m fact, he took it for granted that they had settled all difficulties, but he soon found that it was the German method of set-, tling differences. After this they fell down together and roiled about hugging each other, they got on toi> of each other by turns, MuHerick joined iv the melee, aud witness thought one was enough, aud pulled him off. The affair took place m about a miuute and a half. While Mr Suite was addressing the bench previous to calling cviiience, he was informed by the bench that they had decided that there was not sufficient evidonce to warrant their binding over the accused to keep tho puaoo ; they would, however, consider the assault. Counsel for the accused called Neils Jensen, labourer.. Witness deposed : Saw Maule aad Klcmau rolling together m the mud, saw no blows struck. Saw Mr Pascoe order one off, and told Kletuau to clear out,- as he always brought trouble when he came there. Knew the di.tendant over three yeavs, be was always quiet. Saw liltman next day and he was not hurt. Heard him say that it would cost the accused more than £10. Accused sworn deposed : He went to the brewery to get some grains ; he got the tins full aud left them to go and get a beer. When he returned they were gone, and he accused MuHerick of hiding them; the latter denied it aud also said that he would hit Maule m the mouth if he sid it agaiu. Then Kleman camo m with the tins and they had some words, aud a general melee followed ; Klemau threw the witness down first. Fred Mnule, son of the accused, de- . ptsed that he heard complaiuaut say nothing to bis father. Complainant recalled, stated the coat aud waisooac (produced) w-tre three y. arsjold they were worth he considered 15s. The bench considered that the first case be dismissed '; f.nd the second case the accused pay tho lum of 10s damages each party to pay their own costs.