UNPROVOKED ASSAULT.

Patea Mail, Volume VIII, Issue 1042, 4 June 1883, Page 2

UNPROVOKED ASSAULT.

A case of unprovoked assault was heard at the last sitting of the R.M. Court. James Simpson, livery stable-keeper, accused Robert Erskine, also a livery stable keeper, with striking him upon the back of the head. The evidence of complainant showed that on the night of the Queen’s Birthday he was standing outside the Central Hotel in company with Mr W Balrnforth, when he noticed accused coming down the street. He was passing from underneath Mr Adams’ verandah, and witness stepped into the hotel" to avoid him. While in the act of going through the door Erskine struck him a violent blow on the back of the head, and then passed on. He had not spoken to defendant at all ; he noticed that he was in liquor earlier in. the evening, and wished to keep out of his way. Mr Balrnforth corroborated Simpson’s evidence. He stated that Erskine had been in the house, and had been making a row and abusing witness. Mr G Balrnforth put him out. Witness intended to take proceedings against Erskine, who was very offensive when drunk. Erskine struck Simpson with great force. Witness had stepped inside the door, and was just coining out again when Simpson was struck. He fell up against witness, who had hold of the door, or otherwise be would have been knocked down.

R. Erskine denied having struck complainant. He was sober. Magistrate : If you say you were sober you must be committing perjury. Two witnesses state on oath that you were under the influence of liquor.

Defendant did not seem to like the appearance of the case, and then admitted that he had shoved Simpson. He urged that he had been provoked by the latter sneering at him. Magistrate said it was not the first time defendant had been before the Court. He had no regard for his oath, in fact he had rendered himself liable to prosecution in another court. His Worship had no doubt that the assault had been committed, and defendant would be fined 40s and costs, or in default ten days imprisonment.