RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 922, 2 March 1881, Page 5

RESIDENT MAGISTRATE’S COURT, GISBORNE.

■ Monday, Febbitaby 28th, 1881. Lmw'.. [Before M. Pbiob, Esq., R.M.] ■’ pffOYsvjma r '. Trim ASSAULT. J. M. Feasee, agent of the Australian Mutual Provident Society, was charged by H. E. Webb, Editor ef the Stand abb, that he did on the 26th day of February, 1881, unlawfully assault hirn in the Caledonian Club Room, Masonic Hotel, by striking him with his clenched fist, and cutting his head. Mr. W. R. Robinson appeared for the complainant. Mr. Fraser defended himself, and pleaded not guilty. Mr. Robinson opened the case, but as the substance of his remarks appear in the evidence published, below, there is no need to give them in extenso. The first witness called was Dr. Pollen, who stated that between half-past 9 and 10 o’clock on Saturday night last, Mr.' Webb called upon him in order to have certain wounds on his head dressed. He had his eye bruised and swollen ; &®d blood was flowing from his head. On examination, witness discovered two cuts into and through the scalp. He complained of a pain under his jaw, and on examination discovered a swelling. From his appearance he would think Mr. Webb had been thoroughly well thrashed. The wounds on the head were one slight puncture, and a cut of about a quarter of an inch in length. The cut looked as if done by something sharper than a man’s knuckles. Witness did not think they were inflicted by a kick, as they appeared to have been more likely the result of a blow from the edge of a ring, or from having fallen against the corner of a door. By defendant: It might have been done by coming against a chair. It would be possible to cause a wound in that manner. To the Court: A very heavy blow is not necessary in order to cause a black eye. H. E. Webb deposed that he was the complainant in the present case. He was in the Caledonian Club Room, at the Masonic Hotel, last Saturday evening at about half-past 9, conversing with two or three persons. Mr. Fraser entered the room excitedly, and said tliat an article which had appeared in the. Standard, gross insult. Witness said! he was not aware of having insulted Mr.l Fraser, but if so would like to have an expla-l nation. The defendant demanded an apology! and said he wanted no explanation. Witness! said he certainly #ould Hot aCpologiXe when sol spoken to. “ Defendant.then said, “ Put uni your prOM,” pr. tgpaulers.” He understood! from this (that-fighting was meant He said! he was a man of. pe<pe, and, not.a fightinJ man. He still occupied nis seat; and hia reason for not rising was because he thought! it might be considered an indication on his! part of his willinghess to enter into a combat.) Mr,,Fraser then said ."take that,” and struck! witness a blow on face With the open hand. He was sitting a! 1 t.b® time with h its legs crossed, and With 7 .the cane' produced in his hand. Fearing another'blow he raised hid hand, with the cahe ip U, in order to protecl himself, when Mr. Fraser said, “ Ah ! You’ll hit me with that stick, will you ?” and then again struck him. Witness yas still seated! It was a regular stunning blow, and he couln not explain exactly all that subsequently occurred, He remembered calling on Ml McKay to take Mr. Fraser off him (whilst on the ground) in order that he could have I show. He could not have knocked against I chair. All th6contusions and cuts were ol the left side, and he fell on his right sid against the wall. He was hit whilst down and on rising was so dazed that he wandereß about not knowing what he was doing. SuM sequently, on recovering, he felt that he w» bleeding from the wonnds on the head, anH went to Dr. Pollen, who dressed them. TM blow on the face caused a black eye : he rfl ceived two cuts on the head; three distinl lumps were perceptible under his chin ; I contusion on. the side of the head ; two on hl left arm ; and one on his leg. He had befl confined to his house since, had had to neglel his business, and would not be out now bil for the present information having been tail He gave no pause for the assault. By the defendantHe believed the printfl matter exhibited was a portion of the St a fl DAED. He was not the writer, but he wfl responsible., . (The objectionable article wfl produced, but not read.) He did not use ifl stick in any offensive manner, but raised tfl hand which held the stick to save himsefl He was positive he was struck whilst on tfl ground. He did not think any one but dfl fendant hit him when down. Those presefl did not take hia part until after some timefl By the Court: Witness had met tfl defendant many times after Wednesday, tfl day the article appeared ; and he, defendaß had not before sought for an apology. Mr D. McKay said he was present talkiß with Mr Webb, when Mr Fraser came iiß the room. This witnesse’s evidence confirmß Mr Webb’s as to a blow being struck Fraser. He said Mr Webb raised his stiß and the stick struck Mr Fraser on the tipfl the ear. Mr Fraser “then went” forß Webb, and knocked him down. He B standing over him, and witness caught defß dant by the shoulder and pulled him Mr Webb then went into the passage. blow with the stick was not given in the witness would have struck. He was posiflg Mr Webb was not struck whilst on fl| ground. He saw three blows struck. B| Mr Henderson deposed to the fact that Bl Fraser had said on Wednesday mornin would make it hot for the writer. 'fll

■', This was all the evidence ; for the complainant. < Mr Fraser said he felt insulted at an.article which had appeared in the Standard ; and when meeting Mr Webb on Saturday last, asked him to apologise. This the latter refused to do, and he then slapped him over the face. Having his ear nearly knocked off by the complainant’s stick, he struct him a couple of blows and knocked him down. He called Mr Nolan, who stated that he saw the as : sault. Mr Fraser struck Mt Webb three times in the room and once outside the door. It was not possible for Mr Webb to be struck whilst on the ground. He entered the room after Fraser. John Munroe Fraser, on being sworn, said he thought it was his duty to chastise Mr Webb for the insult offered to his family, a young lady, and himself, in the article complained of. He admitted having struck the complainant some heavy blows, but denied having done so whilst Mr Webb was on the ground. The Bench, in reviewing the evidence, alluded to the consequences of men allowing their tempers to get the fetter of them. He also pointed out discrepancies in the evidence of Messrs Nolan and MciKay. After some other remarks he imposed a fine of 40s and costs. STEALING GBASS SEED. Two. Natives were charged with having stolen 8 bags of grass seed from Mr Agnew Brown. Sergt. Bullen said the Natives had been handed to him by members of their tribe, and he was not prepared to go into the case. Remanded for 8 days.

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