A FREE FIGHT.

Manawatu Times, Volume III, Issue 103, 31 December 1879, Page 3

A FREE FIGHT.

At; the Resident, . Magistrate's Coqiib Qn Mondays before. Sfessw.M'Neil, and \Yarburton, Awgust Hoif man, iSVanz Hoffman, JTiUpar Sett er, Peter Scheit, and Philip Kehr, were charged- upon :tlie; information of Robert Keny with having committed- a grevious assault op hjm on BoxjngjlJayy^by beatirg him with sticks. _ A£ the. .outlet of ; tbe case, plaintiff wished; to Withdraw the charge ngainsfc Kehr, as he had sworn .the information /m f error, and hid no recollection' of that deigndaut ii&\lnprpattin the asjaulfc •: J,. ■'.'.'. •_£. ';'" Mr. Staife who appeared for the fjve defendants, objected to the! course, 'unless foat;s and expenses, to witnesses wete al* lowed. '. ■.-■ •••;;'-''■'•. --• ;'■ This war granted,- tho information being diitnissed with £2 17s. 6d. costs against plaintiff. . The case then proceeded and the following widenee was feklen^ ''■'^ ' ' 1 KoHerfc Ke.r deposed : Qn Friday after : ' noon I had-a dispitte^Vith^the defendant Setter, about]some drjnty/ which'brought on fou • woi ds, when one or the brothers Hoffman let out jynth is toot and let .met base ft. Of course I let out also, when tlic rod haired man, Scheit, charged me *with, the- billiard cue. The : party Setter set on me with a •tioic, striking me. acros3 the forehead and nip. I then xjajiurally .showedi-figh't.^^t •nwr ■> fiw rounds I wnt fcnppked sftlv.. I was then token into the Jioupe to have my wounds dressed. While I was "insensible the polic came nnd'looked at me. I never 5* w f n s of -the., men y before^ with tVe exffPfoonof August Hoffman, bob that was >nreej^trßago.. .- »«,,-, ,». „- •■* .:." : , CSosMxamined by Mr. Staite: The'bro^ |f. c ? H off««i did T; not strike aiQ with- a -ftick..;, ....'... ':•-■. ■ , ' V •"-'" mi£i S^ e^^»^ B PP^*W »' disSV- °!. tbe . def^ ndant » Hoffman, as,- the Iglhonwa.^tby'' striking with |3been*w? ***»*■ adwiteti^oajtick. ij^^%nch pohsidered it irould be better W?-^ M^CBuvtioa^nwjded, and

hen heap the charge and jdecide it on its merits. This course was pursued, and the case proceeded. ? . -'•.. ' ■ I had the dispute. with Setter m the firs* instance. He had paid for tliree drjnk», and some words wore over it," when^i" told him to go to h-^-rl. I would not swear, but 1 used even worse language. • X waa the worse of drink-, but Was not too far - gone.- I .would not be surprised £f witnesses swore I -struck Setter because' he would 'not shout for me. I made a bio wat him, but* did not hit him. I'remember Setter striking me en the head with a stick. ~Tbere*were at "least, five of tkem at me at «nee. I will positiyßly'swear they did not strike me m. selfdefence, although I made use of the bad language -first and also struck the first blow. I must have been ; insensible for a long time. I swear that while - 1 was lying on the 'grotradtheHoffmiina both kicked me. Sohiet -hit me all over the -body with, a billiard cue. •. y, ; •. ■, ."., .-. .'■.. .•'.'■■ „>',." I ' " *Anne; Dykes deposed: I am the /Wife of jjrotiibald '-Dykes, landlord of tke Palmerstoh: Hotel. Setter came.in. 'm on the :day m question ' m. company of , the^ informant and Mr. Hill and called for three glassesibf : beer. He had no money and lef this watch oh the" couHt.er while he went outside. On his return E'err asted him to; shout again but he refused and the row commenced, tht whole of .the Q-ermans attacking'Kerr. _ Scheit : kicked informant and Setter struck him with a billet of wood. In^fact every, tone of (hem armed; themselves with large ..billets of , wood and attacked him.,.. Scheit , came put ,of tha billiard-room 00. without any provocation at all joined - x m beating informant. 'They had only one glass of beer. ; ' ; "'. ■■;""/■-■" Chr ; QSStexamined;by Mr. Staite : ■ The r.ow took place after Setter returned from outside; I "kin quite positive of that. -I did not hear Eerr use bad language. Ido not care wH&t Kerr saye, he did" not strike first' horused^o^ad language as far as* I heard. Soheifc iras the cat&B of Lhe'wbole row, as he kicked plaintiff [firsft. I. gave the watch to Mr.'. Graff. Setter never paid for the "drink's; .'"'l' can swear positively that Kerr did- not challenge- my 'husband to fight some time preriou9 : ;to. the row. . •: . v i • Charles Hill deposed : On 'Friday;afternoon I was iv Dyke's, bowling saloon while Setter and iKerr were playing a game! Plaintiff won, and Setter had. to pay for three drinks. After that Kerr asked Setter :to shout again, and a dispute* aroie, when Scheifc- came out of the billiard room with a cue m his^htfn'dv he pushed Kerrj kicked hittti and broke the*! cue r over- 'hitD> When he was pubsidethe whole four : de- .; fondants rushed for billets of wood and while . he was on the ground Jfommerod him with" ''sticks.--/* '" ' ; '"■ . ■ '~ ' ■•■'' '....' Cross-examined: The row all arose through ;JKerr.. wan ting fetter, to shout again a second time.. /..Kerr did, not shapo at-that time, nor did he until Scheit came out and struck him.- I did «qt ; hear Kerr,chal.leng« 'Dy.koa to fight. Tltej conimericement i.was? ' wb'en' Scheit came out 'pushed, kicked, -and then struck plaintiff. \^hen ,fe was pushed. by Scheit he did not retaliate until, he got but m the yard. The Hoffman's kicked plaintiff while he was on the ground. ,To the B«jch :; ':There was no one as- • ' slating JCerr during the fight. s •To Mr. Staite ; I , 'wrould not swear that Franz Hoff man had -a stick; but all the others had. „. '-'.'..■.;, „.',;... ■ A' 6. the evidence of informant had to be r iriferpfeted to, the . who wetej Germans, the base occupied a : considerable time and at one o'clock its. future hearing was adjourned for an hour. '"' Upon the Oourt.oßehing at twjo o'clock, the informant; 'siateid 1 that overtures had been made to him by tho defendants, which he felt indined to accepty and Mr. Staite .then .'on behalf of his clients offered to pay ! all tho costs . of courts, and witnesses, the £2 17s. to Phjlip j]£ehrw: -The suni' bf '£? >2s;. was then paid to the Court andthecaae withdrawn. „ , , - .