DISTRICT COURT.

South Canterbury Times, Issue 2518, 16 April 1881, Page 2

DISTRICT COURT.

SECOND EDITION

TLMAUU—THIS DAY. (Before His Honor Judge Ward). CIVIL CASES. Caleb E. Sherratt v. Anthony McAnulty—Claim £69 Ss 4d, damages sustained by a contract to harvest grain. Mr White for plaintiff. Defendant did not appear. Counsel for plaintiff stated that the case arose out of a cross action between the parties at last District Court, when judgment was given for a certain sura claimed by McAnulty, but execution was stayed for fourteen days to enable Mr Sherratt to bring a cross action for damages. The defendant did not not now appear although every endeavor had been made to serve him with the usual notice, and the summons had been left at his last known place of abode. The plaintiff gave evidence to the effect that he had enquired in every direction for McAnulty, and a verdict was thereupon given in default for the full amount of damages claimed, with costs.

[Before His Honor and a Special Jury.]

Bowers v Jonas—Claim £2OO damages for assault and battery, Mr C. Perry for plaintiff and Mr Jameson for defendant. Counsel briefly stated the particulars of the claim, which arose out of an assault alleged to have been committed in the presence of a largo number of both sexes at an auction sale. The defendant's pleas were briefly— Not guilty, of the assault as alleged and justification. The following evidence was called : Andrew Joseph Hume Bowers, watchmaker and jeweller said—l was present at the sale of Barnett’s effects on Tuesday March 15. Moss Jonas was the auctioneer. There was a large attendance of ladies and gentlemen. Went to get some books. About 4 o’clock the books were put up. The first five or six lots were of a miscellaneous character, rather rubbishy ; the bidding was not very spirited. The auctioneer became rufiled, and threatened to withdraw the books from sale. Ashe seemed to be going to do so,I said I didn’t think be could

do it. I said we had been waiting all afternoon for the books and there was no reserve. Jonas said—l’ll let you see that I will withdraw them—adding that the books-would be exposed in his own room, and hurriedly left. As he was leaving I said no respectable firm of auctioneers would do anything of the kind. Almost immediately afterwards, I received a tremendous blow on the side of the head, between the ear and cheek-bone. I was dumbfounded. I was not knocked off my feet,but my senses were stupified. On recovering and looking about to see if I could see who did it, I saw Moss Jonas in a violent manner and fighting

attitude. This led me to believe that Jonas struck the blow, so I quietly said that “ I would make him pay for that stroke.” A number of gentlemen then disputed with Jonas about striking me and

giving up the sale. He the the sale of hooks. I remained for some time afterwards. Suffered severely during all that night from the effects of the blow, being unable to sleep. Next day I saw my solicitors. A letter was put in, addressed to the defendant, demanding an apology through the Timuru papers and payment of £lO to the Hospital. Cross-examined by Mr Jameson — "Went to the sale at 1 o’clock and waited till the books were put up at 4 o’clock. Bought some other articles, but went specially to bid for the books. Could not say how long I remained after the alleged assault. I reached home in time for tea. It might be after six o’clock. I attend many auction sales, and my purchases extend over all sorts of things. I think I can tell the value of books. I believe the books sold at Barnett’s sale fetched fair prices. Bought Thackeray’s works for 3s, the same edition as is sold in London for ss. I also purchased “ Mendelssohn’s songs.” Mr Jameson—Do you always attend these sales on your own behalf.)

Witness—Yes. Have you ever been paid for puffing ? Witness (excitedly)—Never ! I deny the imputation ! (Laughter). Mr Jameson—Have you ever been paid by ? Witness (with emphasis)—l scorn the imputation, (lienewed merri-

ment). Mr Perry objected to the line of cross examination, and His Honor said considerable latitude was always allowed in cross questioningMr Jameson —Have you ever bought articles at Mr Jonas’ auctions after you said they were not worth anything ? Witness (in wrathful accents) Never! No, never! Mr Jameson —You have never run down the prices of articles ? Witness (indignantly)—Never! Mr Jameson—Was any mark left from the assault ?

. Witness--My whisker covered the place where the blow fell. I bought five volumes afterwards, Kingsley’s Atlas, the Decameron, &c. I paid 12s 6d. Applied nothing to my head. Saw no medical man until afterwards !

His Honor—Do you mean to say that you saw a medical man ?

Witness—l saw Dr Murdoch. Mr Jameson —But did you consult him about your injury? Witness—Not specially. I told him about it.

Mr Jameson—Ob, I see, in the course of conversation you told him your story? Witness—Yes.

George Gabites, draper, Timaru, said he was at the sale of Mr Barnett’s effects on March 15, and saw Mr Jonas strike Mr Bowers with his fist. Believed the quarrel originated in consequence of Mr Jonas withdrawing certain book’s. Mr Bower's objected to their being withdrawn and said the sale was without reserve, and that, therefore Mr Jonas had no right to withdraw any thing. He afterwards added that no respectable auctioneer would withdraw articles under the circumstances. Mr Jonas then struck him. Mr Bowers appeared to stagger; it was a very violent blow. Charles St. Barbe, engineer, residing in Timaru, stated that he was at the sale and witnessed the altercation between the auctioneer and Bowers. Jonas struck Bowers hard enough to make him

return the blow, but said — u Jonas, you shall pay for that blow.”

William Bush described the blow given by Jonas to Bowers as a pretty severe one, and one he would nob like himself.

This concluded the plaintiff’s case. Moss Jonas, auctioneer, stated that he had received instructions to sell Mr Barnett’s effects from Mr William Ziesler. The conditions of sale were the ordinary ones, and stipulated “ that the auctioneer reserves the right of one bid.” When the books were put up they realised very small prices, and, there not being sufficient people present, the works were being sacrificed. Witness thereupon said that be would have to withdraw the bocks as they were not making a fair price. Mr Bowers jumped up and defied witness to withdraw them. Witness replied that he was not going to allow him to buy the books foi nothing. Bowers said be would make witness sell the books, and witness replied that he* would see about tnat ’ Bowers then remarked “no respectable auctioneer would do that.” Witness said be was merely attempting to do justice to bis client, and snapped bis fingers in the plaintiffs face, h,ut did not use force. Bower’s said he would make witness pay for what he had done. He did not appear to be feeling hurt, because he stopped an hour and a half afterwards and went on buying books. On the day following the sale witness received a letter from Messrs Perry asking him to spologise to Mr Bowers and pay £lO to the Timaru Hospital. To tins witness replied that be could not think Messrs Perry in earnest in sending him such a letter as after Mr Bower’s insolent remarks on the day of the sale, he hud expected him to call and apologisa. By Mr Perry Before striking Bowers, did not ask him to defend himself ; it was done in the heat of the moment. Struck him very lightly on the side of the face. Was annoyed at Bowers’ remarks. If witness had hit him with the force alleged he (witness) would have hurt his hand. Witness’ manner to Bowers was not insulting. J. S. Metz, clerk to Mr Jonas, said the blow received by Bowers was nothing, and did not effect him at all. This was all the evidence.

Mr Jameson in addressing the jury dwelt upon the provocation received by his client and also the conflicting nature of the evidence, with regard to the blow, and added that Mr Jonas if ho had chosen to do so could have proceeded against Mr Bowers for slander instead of Mr Bowers proceeding against him.

Mr Perry said that there could be no doubt about his client having been assaulted. The Books had been advertised to be sold without reserve, and it was the understanding that they would be sold, that the public were induced to attend the sale. Mr Jonas had said he had a discretionary power in conducting sales and so he had the right of reserving a bid to himself, but he had no right to stop a sale. His Honor briefly summed up. There was no doubt that the assault had been committed, but wbat provocation the defendant had received and what damages the plaintiff was entitled to were questions for the jury to consider. The jury, after considering for five minutes, returned a verdict for plaintiff; defendant to pay costs of Court and make a public apology to the plaintiff. His Honor, greatly amused, told the jury that they could not return this verdict; they had nothing to do with the costs, and must confine themselves to a question of damages. After a five minutes’ retirement the foreman said they would return a verdict for plaintiff—damages one farthing. Mr Perry applied to His Honor to make an order for costs.

His Honor replied that he thought Mr Perry would have to take them out of the damages awarded. IN BANKRUPTCf. Orders of discharge were granted to the following debtors :Hy Eagle Elizabeth Anna Hacon, John Thomas Healey, (Mr White); William Bourne, (Mr Clements) ; J. W. Webb, (Mr Orrasby) ; James Eobert Stokes, J. M. Butler, (Mr Hamersley). APPLICATIONS. Mr Knubley moved for an order declaring the complete execution of a deed of assignment, ; granted. A similar application on behalf of Sarah Jane Louis was adjourned. The Court then rose.