ALLEGED BRUTAL ASSAULT.

Patea Mail, Volume VIII, Issue 981, 8 January 1883, Page 2

ALLEGED BRUTAL ASSAULT.

At the R.M. Court on Saturday, before 0. A, Wray Esq., R. M., Dennis Barry was charged with assaulting W. Whelan by striking his head on the floor of the Australasian Hotel on Saturday, December 23. Sergeant Donovan conducted the case, and Mr Hamcrtou appeared for the defence. W. Whelan, labourer at Patea, who appeared in a somewhat weak and dazed state, gave evidence as follows : I know prisoner. On Saturday December 23 I went down to Odgcrs’ hotel in company with prisoner and several others. Wo had some drinks, I think in the small room. I have no recollection of being in the bar with prisoner. Ido not know what occurred between Barry and myself. Odgers lent mo a pocket knife and I pared prisoner’s hands. That is the last thing 1 remember. That was about half-past three p.m. Had no recollection of anything occuring after that. The first thing I remember was being in the Hospital, but I do not know what day it was. When I came to my senses in the Hospital I felt sore and stiff, and feel so yet. I did not feel hurt about the head. I am not able to work.

Sergeant Donovan after asking one or two questions said that it was evident witness did not remember.

By Mr Hamcrton, —I do not remember having any dispute with Barry. I do not remember Barry knocking me down, nor do I remember wrestling with prisoner or laying hands on him. Up to, December 23 I had a pretty good memory. Had been in Patea about a month before Christmas and had been on the Borough Works. William Donnelly, labourer, residing at Manutahi deposed : I know prisoner and the last witness. Recollect Saturday December 23. I was in the bar of the Australasian hotel. Saw prisoner and Whelan there and several others. That would be between G-30 and 7 p.m. Whelan was considerably under the influence of liquor ; prisoner was pretty well on, too—-about as much as the other. When I entered the bar, Barry and Whelan were arguing about something and it came to pass that they got to blows. I could not swear which struck the first blow. They were striking at each other’s faces with their fists. Barry knocked Whelan down on the broad of his back. Prisoner came on top of him. Ho had hold of him by the head with both hands. Barry got up, took hold of Whelan’s head again and lifted it and lot it fall on the ground. this more than once, but I could not say how many times. Prisoner was muttering to himself but I could not distinguish what he was saying. His manner was a little excited. Some, of the men standing in the bar took prisoner off, and I then went away to see the police, When I left, Whelan was lying in the same place on the floor.

By Mr Hamerton: Never knew Whelan personally before that night. It seemed to me that at the commencement of the assault one man was as much to blame as the other. Whisky was the originator of the squabble. While Whelan was on the ground he resisted Barry. The quarrel was going on all the time until Barry was lifted off Whelan. When they began the quarrel neither seemed to have any advantage.

By Sergeant Donovan: I went for the police because I thought the assault was dangerous. When I left the hotel Whelan was lying senseless.

George McKay, labourer, Patea; I knew both prisoner and Whelan, Was in the Australasian Hotel on Dee. 23rd while the row was going on between them. When I went in they bad been having a squabble, and I heard Whelan say to Barry, “ come on.” Next saw Whelan on the floor. I did not see any blows, and I do not know how ho got there. I did not hear any fall. I next saw Barry bumping Whelan’s head on the floor. Barry was standing over him. Ho repeated it two or three times. I jumped over the counter and got hold of Barry and pulled him off, Barry beat Whelan’s head on the ground in n cruel manner. After taking Barry off Whelan was insensible.

By Mr Ilamorfon : When lie was on the floor, Whelan had not hold of Barry. William Odgcrs, licensee of the Australasian Hotel, remembered December 23 and prisoner being in the hotel. I was busy in the back part of the bouse, and on coming into the bar, Barry was standing over Whelan and bumping bis head. After Barry was taken off by McKay, Whelan lay insensible on the floor. He was taken into a room, and remained insensible all night. Ho was sent to the Hospital the following morning, While Barry was bumping Whelan, the latter was hot in a fit state to defend himself. Barry was able to walk about, and would have been too many for him (witness). I never saw such a serious assault in my bouse before.

By Mi’ Hamcrton: Both men had been to (ho hotel together before, and appeared on the most intimate terms. . Dr Keating : Recollected being called upon on the evening of Doc. 23rd to attend Whelan, who was lying m the Australasian Hotel. I found him unconscious, with contused swelling at the back of his head. He displayed evidence of having been drinking, and was suffering from concussion of the brain. I was next called to see him at midnight, when his attendant thought him to bo dying. Next morning I saw him again. Tie was partly conscious, and l"authorised his removal to the Hospital After two or three days his condition began to improve, and he left the Hospital without my sanction on Jan. 2. During the time I was attending him I could not say what his injuries would bo. I anticipated that .ho would recover. From the state lie was in I considered he was in grave danger. The injuries received might have been caused by bumping his head or by the fall.

His Worship suggested Hurt it would be better to withdraw the information

ami substitute one \Yfiioh would enable the Court to deal summarily'with the case. Sergeant Donovan said ho would willingly do that. At the time of.the occurrence, however, it wore such a serious aspect, and might have resulted so -'differently,- that he was obliged to lay the information in the way ho had done. His Worship said the police could not have acted-differently. Defendant was then charged with common assault, and pleaded guilty. Sergeant Donovan stated that prisoner had boon five days in the lock-up, and he had a sick wife.

His Worship said that up to a certain point prisoner was justified in defending, but bo went beyond that when he bumped Whelan’s head upon the floor. Ho hoped the present case would bo a caution to prisoner, as instead of answering for an assault lie might have been tried for his life. Considering all the circumstances, a fine of 40s and costs would be imposed ; or, in default, one month’s imprisonment. The fine was paid.