CHARGES OF ASSAULT.

Taranaki Daily News, Volume L, Issue 60, 20 June 1907, Page 2

CHARGES OF ASSAULT.

At the l'oiice Court on Wednesday Patrick Flanagan and J?. L. Anderson were charged with assault, the charges arising out of a disturbance in the White Hart Hotel last Saturday evening. Sergeant lladdrell prosecuted. Mr. T. S. W eston appeared for Flanagan and Mr. Malone for Anderson.

In Flanagan's case a remand was granted until Friday morning, as he was too ill to appear. The Magistrate overruled an objection by Mr. Weston that it was the duty of one of the combatants, and not the police, to instigate proceedings. When the case against Anderson was called 011, the police applied for a remand 011 the ground that Flanagan, chief witness, was ill, and unable to attend.

11l answer to Mr. Malone. Sergeant lladdrell said the witness had not been subpoenaed.

The Magistrate said he could not grant the remand for a witness who had not heen subpoenaed. Hut in order that the ends of justice should not lie defeated he would grant a remand if, during the hearing of the ease, it appeared to him that Flanagan's evidence should be heard. Harold Cleorge Dingle, a Waikato sheep farmer, said he had engaged rooms at the hotel thai day, and during the evening met Mr. Montefiore ill the private liar. A man whom he understood to lie Flanagan came in, and either Flanagan or Mouteliore presented a bookmaker's card to Mr. Anderson, and the latter resented this, saying lie didn't waul to have anything to do with hookmakers whom he considered were the scum of the earth. Montefiore said this man was all right, ami Anderson said that might be so. bul--he loathed them as a class. Witness induced Anderson to leave tlie bar, and they were in the act ol leaving when Flanagan took up a glass inmi the counter aud came round and struck Anderson with it in (he face, and the glass breaking caused blood to How'. Anderson seized Flanagan by the arm, and in the ensuing scull'le the hitter's head was shoved through a glass door. He did not see Anderson strike the other man. lie held Flanagan down till the licensee and two or three others interfered. Flanagan was cut across the forehead when he was put through the door, and the wound hied freely. Cross-examined: Flanagan came into contact with the door by accident. Anderson wrenched him round as thougli to lloor him. *

J. C. Montefiore also gave evideuce. ITc said tliat Anderson was somewhat excited when Flanagan came in. Witness was perfectly sober; so was Dingle. Flanagan was the worse for liquor. The latter asked the company to have a drink with him, and handed witness a "straight-out" card on the New Zealand Cup, afterwards asking witness to introduce him to Anderson. Anderson turned to witness, and aslTed. "Is this man a bookie?" To which the answer was "Yes." Anderson then said, "I don't want to have anything to do with thorn. 1 loathe them. They're the scum of the earth.' Witness remarked that this man was all right, and. seeing Flanagan come towards Anderson, and expecting trouble, "slid" into the next compartment. He did not see the scuffle.

The magistrate remarked that the witness appeared to have shut his eyes .just at the critical moment.

Chas. C'larlcc, the licensee, said that on hearing the disturbance he entered (lie bar. He summoned the police immediately. lie had asked Anderson earlier in the evening not to talk so loudly, and got tile explanation from him that, living in ihe country, he was accustomed to speak loudly.

Constable Rowlands stated that Flanagan had been attended by a doctor. Six stitches were required over the left eye and one over the right. Sergeant Ttaddrcll again suggested the matter of a remand, and the Magistrate, recognising that Flanagan was a necessary witness, agreed. The ease will he .continued on Friday morning.

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