SUPREME COURT.

Taranaki Daily News, Volume XXIII, Issue 226, 8 October 1901, Page 2

SUPREME COURT.

CIVIL SITTINGS. Monday, October 7tb.—Before His Honour Mr Justice Oonolly. COMPENSATION FOE ASSAULT. Wright v. Tomsitt. This was an action for damages for assault, which took place at the Urenui Hotel on 26th March, when, it was stated, the

defendant (the licensee of the hotel) inflicted a serious injury to his nose, and plaintiff claimed £4OO as damages. Mr Samuel represented the plaintiff, and Mr Southey Baker the defendant.

Mr Samuel outlined the case and called the plaintiff, Bo'oert Wright, a farmer, at Okoke: Had been calling at the TTrenui Hotel for meala and refreshments for the past eight years as he passed to and from the farm. On 28th March witness was living at Waitara, and drove with

Mr. Murcott to TTrenui to attend the sports. They put up at defendant's, and bad a drink on arrival, after which they went to the sports, leaving the ground between 5 and 6 p.m. On reaching the hotel with Messrs Linn and Lucena they went into the bar parlour, | where Linn asked them to have a drink, but something intervened, and , witness did not have the drink. Mr Samuel : There was a slip between the cup nnd tbe lip. I Witness: Defendant was serving in the bar, and when about to serve the [drinks Mrs Tomsitt came along and said tea was on. Some conversation ensued between witness and Linn as to the latter going to Tuohy's before tea, and Mrs Tomsitt told Linn he could get tea anytime he liked. Witness remarked that Mrs Tomsitt was taking a rise out of him, and witness Said to defendant, "I think that remark of Mrs Tomsitt. was very uncalled for," and added in a joking way that Mrs Tomsitt ought to apologise, as no doubt the remark was meant for him. Defendant drew back hi* arm and etruck witness with his clenched fist on tbe nose, driving him backwards, and saying, "To you 1" To his Honor: Wns perfectly sure the blow was with the clenched fist. To Mr Samuel: The blow dazed him and blood spurted from his ncse. Mrs Tomsitt rushed into the room and said, " It's my fault, Bdb." Witne.s would not accept her apology, but went out and watered his face. Prior to going out, Mrs Tomsitt abused him. He

afterwards went to a billiard room, and believed he played a game. Sub-e- ' quently he went to the stable, but did not sleep. Waited there for Murcott, who did not come. Next morniig when he went to Waitara his eyes

were black and his nose swollen. Was in bed for tho remainder of the day, and on the following day went to New Plymouth and saw Dr. Walker. Was subsequently treated by Dr. Goode at Waitaw, and on July 3rd was examined by Drs. Leatham and Fookts. Dr. Leathern said he bad examined plaintiffs face, and found the nose externally deformed. There was considerable thickening of the nasal bones, which he assigned to a fracture. He detailed odber injuries, one of which

caused & whistling noise when breathing. The result of an operation would be doubtful, and he did not advise it. The injuries might have been caused by a severe blow from a fist. Robert Wright, cross-examined by Mr Southey Baker: Dr. Walker did not say the nose had ever been injured, and witness had never had any plaster on his nose in his life. Did not remember being in the Criterion Hotel within the past year with Mr Lang, and being cautioned that if he used improper language to a woman again he would be ejected, To Mr Samuel: The only previous occasion on which witness had any difference with Mrs Tomsitt was about having early breakfast, when Mr Newsham and witness on one oocasion were goiDg to the White Cliffs. Mrs Tomsitt then said, " Breakfast will be ready at eight o'clock." Witness replied it was rather peculiar that they could not get it before that time. They said no dnore, but went out and waited. When they went to breakfast Mrs Tomsitt said she "didn't nvnd Mr Newsham, but she could not stand the Wrights." Witness would swear bo never used such words as " I'll well have it." After the a«sault Mrs Tomsitt came into the room, almost, crying, and said it had been all her i fault. Witness did not use the words! alleged, though Mrs Tomsitt called! him " a low blackguard," and " an in- 1 former." Witness told her that was untrue, and then informed her of how she was termed in the Urenui. Mrs I Tomsitt tben referred to witness' i dead wife, which provoked him to say j to her the words attributed to him. I Henry Linn, stock agent, said be: was with Wright and Lucena on 28th March at the TJrenui Hotel. They! had a drink. Witness tben asked Mrs ' Tomsitt if he might have tea if he came back late, and she replied " Yos, I whenever you like." Wright said, " You had better have it now, or you won't get it when you come back."! Witness said, "It's all right, Mrs Tomcitt says I will get it." Mrs Tomsitt then walked away, and Wright said, " I shall take a rise out of Mrs Tomsitt." Mr Tomsitt ap-' : peared on tbe scene and struck Wright. Witness did not actually see the blow, but heard the sound, and heard Tom- i sitt say " Take that." Wright's nose was bleeding freely, and he seemed i stunned for a moment or two. Wit- i nesH left a few minutes later and then j cime back to tes, taking Wright in 1 with him. There seemed no provoca- < tion so far as witness could see. i To Mr Baker: Tomeitt must have 1 beard Wright say he would take a rise ] jout of Mrs Tomsitt. Did not hear i [Wiight say he would not accept an i apology from an "old cat" like Mrs I [Tomsitt. Believed he did hear her ■ say to Wright, " You have no l-aspect 1 for women," but did not hear Wright i s*y, "I have no respect for a thing < like you." ( To his Honor: No offensive language was used to Mrs Tomsitt before i the assault. t J. L. Lucena also gave evidence as to j the assault. He was a stranger to all t the partios at the time, and could eee i no provocation for the blow. t Dr. Goodp, of Waitara, stated lie e examined Wright on Ist April. The I cartilage was dislocated, and the in- t juries might have been caused by a severe blow. Tbey were not more than t a week or ten days old. Wright was ( suffering acute pain. The injury was a permanent one, affecting the breath- r ing power, but it would take time to c reveal whether the man's general c health would be affected. c Evidence was also given by S, How I and C. M. Leppsr, j At a quarter to 5 o'clock the Court 1 adjourned till 10 o'clock this morning, i PKB PRESS ASSOCIATION. fl Wanganui, October 7. In the Supreme Court a item nisi r<

was granted in the oase of Dixon t. Dixon, a wife's petition, on the ground, of desertion. Sydney Hunter was sen- j tenced to 12 months imprisonment for the theft of .£BO from the person of one Peebles at Hawera. The Chief Justice ordered £SO found on the prisoner to be handed to the District Court at Hawera to be distributed for the benefit of those for whom the Court previously awarded damages for the death of young Peebles, ae the father might squander the money in drink.