HE HEM SMITH WINS THE DOUBLE.

North Otago Times, Volume XXXVII, Issue 8172, 2 May 1895, Page 4

HE HEM SMITH WINS THE DOUBLE.

Fiona tho account of tho caso — brought by F. U. ltayner for nnsault agiinst E, M. Smith — in thoTaranaki Herald, wo uiako tho following oxtract: Plaintiff said Mr Smith struck him twice — onco on the jaw aud onco on tho back of tho hand. They wero severe blows. lie struck him soveral times. He struck him three blows to his knowledge, tho one on the jaw hurting him sevoroly. Witness tried to defend himself aftmr this, and got his stick in his right hand. Smith ciirrtt d nothing. When he got his Rtick in his right hnnd Smith stood off. Tho article complained of by Mr Smith read as follows : " Tie Hera Smith had the misfortune to work in a Government armory when a youth, and, on leaving Highland, it was im pressed on him that there was ' nothing liko iron. 1 If ib had only been leather, wo should havo had a good tanner or pit man, and Ho Hem would not lay awake ab uighb shifting in his mind the Onehunga works, first here then there. No wonder that Mrs Ho Hera's life is an unhappy one. Who could stand being awakened twenty times ab night to hear sujh rot? Small wonder sho annoys him witli her cold feet, and starts him off an hour before his timo to put the lamps out. Smith has billets now which should make him independent of subscriptions nnd tho Statute of Limitation?. Lamp man, Turncock and M.H.U., ho should bo Imppy. liut strike tho lyre, I fear tho mus°." Plaint iff said he had put Mrs Smith's name in the book in a facetious sense, bub he would nob like to have the naino of the lady ho was engaged to brought into a book liko tho ono in question. Witness was tailor than defendanb, and had nover had a fight before, even at school, where he was liko a lamb. Defendant deposed that Raynor threatened him with his stick and ho hit him undor tho our in solf-dofence. Me did not mind his political life being dealt with publicly, bub ho obj'cfed to his wife being dragged in. Iho book had made au impression ou him when he first saw ib, and if ho had gob hold of tho writer five minutes after ho would have made a deeper impression on him. In giving judgment, Major Parris said tho Bench had duly considered the enso, which eeemed to have arisen from the publication of tho book roferred to in the evidence. Some caricatures wero innocent, others wore ( xag»orated, some wero offensive, and sometimes they were defamatory and libellous. Ib was nob necessary to dwoll ou tho present case. Tho Bench did not mean to say that the nssaulb was justilied, but they were unanimoiiHly of opinion thab there wore strong palliating circumstanced. For his reason the Hench would dismiss tho case.