Patea R.M. Court.

Patea Mail, 14 April 1882, Page 3

Patea R.M. Court.

This Day, before Mr Kenab and Mr Bridge, J.P.’s.

THE WAVERLEY ASSAULT CASE. Owen M’Kittrick, hotel-keeper, appeared to answer a charge of assaulting William Skelley, lately a draper in Patea. The assault took place in Ballam’s hotel, Waverley, on the 11th March, and the defendant was summoned to appear on the 17th, but was unavoidably absent at Waverley. - ; Mr Skelley had stated his version of the affair, at the previous hearing, and ailed witnesses. He had then (his counsel being out of town) closed his erne, and the hearing was adjourned for the defendant to appear. Mr Hamerton now appeared for complainant, and Mr Barton for defendant. Mr Mcßittrick now stated his version of the dispute and. the striking. His evidence was to the effect that Mr Skelley owed him money, and he asked him for some, being short of change* Skelley denied owing any, and warm words followed p their fblows; Skelley struck him first on the eye, and having

a ring on one finger a severe cut was inflicted near the eye. He then struck back at Skelley, and tried more than once to hit him with a riding whip. Would have cut him down if he could have got at Skelley, but Mr Ballam interfered.

Cross-examined, tho defendant said : He owed me myer;£lo, and he told roe he was going to give -roe £l. I never struck him, to my knowledge, except once or twice over Mr Ballam’s shoulder. I collared Mr Skelley by the neck. I was quite sober. I made three cuts at him with the head of the riding whip: I dou’t-deny it. If I had got at him I would have cut hint down. Mr Hamerton asked the defendant whether tho whip-head fitted a hole in the plaintiff’s hat, where it was alleged a blow was strnck. He said it did not fit the hole at all.

Mr Hamerton asked leave to call a medical man who dressed the wound on Shelley's head, to speak to this point. The Court ruled that the plaintiff, who conducted his own case at the previous: hearing, had closed his case, and could not now call more witnesses. Mr Hamerton: If lam debarred from getting the only evidence that is reliable, that of the doctor, I must take measures to let the case break down, and get the evidence in another; way, Mr Kenah : We have merely stated that, your case being closed, you cannot call more witnesses. Mr Hamerton: I am prepared with evidence to prove absolutely that Mr Barton: I object to his stating what he can prove. Mr Kenah : Mr Skelley deliberately closed his own case at the last hearing. C. Haddow, hairdresser, Pa tea, was then called for the defence. He said : I recollect the disturbance in the hotel. I heard high words between Mr Skelley .arid Mr Me Kit,trick. I saw Mr Skelley, make a jump at McKittrick, and, McKittrick made a blow; at Skelley, who

3]ad no hat on. ’ -Mr Ballam went between them, and McKittrick made a second stroke at Skelley, Scuffling followed, and they got separated. I afterwards saw McKittrick at the pump, bathing a frightful cut on his eye ; and

saw Skelley in the yard with a bucket, bathing his head. Cross-examined, the witness said he saw all that happened, and McKittrick did not beat Skelley’s head against the door.- ■ : ■=

By the Court; Mr Skelly was very excited, and Mr M’Kittrick was excited, but, not so much. I think, the drink was the cause of it. I can’t say that Mr M’Kittrick was sober, but Mr .Skelley was not! .Mr M’Kittrick, recalled by the Court, <sald; I noticed a ring on Mr Shelley’s finger before the quarrel, and I know he (usually wore a ring. T. Watson, Waverley, said he heard conversation between the parties about money. Saw Skelley with a cheque in his band. Saw a ring on Mr Skelley’s

finger jnst before the senfile. Did not see any blows. The Magistrates retired a few minutes to consider, and

Mr Kenah said there has been considerable cross-swearing, but there has plainly been an assault committed, and, though not unprovoked, it is of too serious a nature to be over-looked. The judgment of the Court-is that the defendant be fined £2, and the costs £3 9s fid, or in default 14 days.