RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1451, 7 January 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Jan. 6, 1885. [Before J. Beswick, Esq,, R.M., and H. J. LeOren and F. H. Birker, Esqs., J.P.’e.] ASSAULT. Dr Henry William Campbell was charged on the information of Dr John Shaw Hayes with having committed an assault on the said John Shaw Hayes, in Temuka, on the 17th of Dec. last ; also with having used towards the said John Shaw Hayes abusive language calculated to provoke a breach of the peace. Mr Aspinall appeared for the prosecution, and Mr Tosswill appeared for the defence. At the request of Mr Tosswill, both cases were heard together, the evidence being the same.

Mr Aspinall, in opening 1 the case for the prosecution, said that Dr Hayes had not brought the charge through any vindictive feeling, but to clear his own character from certain imputations, and also because the police would have taken the matter up, and both of them would have had to appear before the Court. He would adduce evidence to prove a premeditated assault, and also that the language had been used ip tbe presence of a lady. The lady In question would have been called only that the plaintiff had a fueling of delicacy in the matter. The facts were that Dr Campbell fancied he had a grievance against Ur Hayes, and on the 3.6 th he said he would have a row with Dr Hayes when he met him. Gn the 17th of December Dr Campbell met Dr Hayes and called him a liar and a coward, with the result that he was ejected from the Post-office and knocked down. He did not know what the defence was, but he had heard Mr Tosswill objected to remarks made outside being retailed in the case. • Mr Aspinall said he understood the defence would be provqcajdpn. If so, it was quite foreign 'to the question of assault, but at the same time be would raise no objection against it, as ho confident he could combat it. If witnasses were called to prove this, he would ask for an adjournment to bring witnesses to rebut any evidence of that kind given. He pjade this remark so that his client would be protected, Mrßeswick said he would confine the. evidence to the question of assault. What had previously occurred had nothing to do with the case, Mr Tosswill pointed out it was not a case of assault only. It was a case of asspujt and abnsivelanguage, which were to be’hpafd together, and the (|iie§tion was whether the language alleged to bo abusive was true or not. Mr Beswick said the two cases were to be tried together, but they would not allow wbat wag said by Tom, Dick, and Harry to be raked up as evidence. Mr Aspinall would submit evidence to prove the charges, and ho would not go further than to ask that it might be made plain to Dr Campbell that such conduct would not be tolerated. He called

John Shaw Hayes, who said : I am a duly qualified medical practitioner, practisirg in Temijka. On the Of He: camber last I hfld to go tg the Post-office shortly after the express train. As 1 was coming out I saw a lady whom I knew in a buggy in front of the Pnstoffice, Shp saidj (Jood morning,” and I asked if I could get her letters for her. I was just turning to go when I heard some one say (t Look here.’ 1 I turned round and saw Dr Campbell standing on the top

step of the Post-office. He made a step down towards me. He seemed in a very excited state, gesticulating and going on, and he said “ I hear you have been questioning my qualifications," 1 said, “ I am not aware of having done so. 1 ' He replied, “ You are a liar.” The lady I alluded to was within hearing. After he called mo a liar he stepped up the steps of (he Post-office again, but before (hat I said “I do not wish to make a scene or have anything to do with yon, but I wont be called a liar.” He then stepped up the steps of the Post-office, and said " You're a liar and a coward,” He stepped another step or two back towards the counter, facing me all the lime, put down his hat on the counter, and repeated several times “You are u liar and a coward.” I followed him in, and as 1 came up I said “Thank God, I am not a lunatic. I want to know the meaning of all this.” He said “lam ready for you”—putting himself in an attitude of defence. He then struck me with his fiat in the breast. I then returned the blow, and he rushed for me. I struck him in the face. I put his head in chancery. Mr Beswick : Where is that 1 Witness: Under my arm, Mr Beswick : I know, but I thought the Court might not understand it. Witness ; I gave him what is known as the “ cross buttock,” He was laid out sprawling on the ashphalt, his legs being on the Post-office door. While I had his head in chancery he was pounding at my back, I walked past him as he lay on the Post-office steps, and he gripped hold of mo by the leg. I drew my leg away quickly from him and stood up. He got up off (he ground, calling out “You are liar and coward,” and rushed at me again. I sparred a few minutes with him, and (hen knocked him down again. He got up a (bird time and rushed for me and I knocked him down again. He gave in then, I struck no foul blow. He struck me first, and 1 only defended myself. A crowd began to collect, and I said it is time some one took this fool away. In the Post-office I said to the officials “ I call you to witness that 1 have been assaulted.”

To Mr Tosswill: The young lady left when she heard Dr Campbell calling me a liar. She went away before I got his head in chancery. I had been in the Postoffice before Dr Campbell arrived and bad come out. Ido not think he had gloves on or a newspaper in his hand, Ido not know whether he had gloves on. Ha was standing in front of the counter in the Post-office when he first struck me. He was at the inside end of the counter. It was then that T called the attention of the officials to the fact that 1 had been assaulted.

Mr Tosswill: What did he say about his qualifications ? Witness: Ho said, “What have you been saying about my qualifications ?” and when I denied it he said “I have been up there.” Mr Tosswill ; What did he mean by saying “ I have been up there f” Witness :I do not know. Up at the case, I suppose. Mr Beswick; We’ll have nothing to do with that.

Mr Tosswill: Have you ever said anything about Dr Campbell’s qualifications? Witness r Three years ago 1 said he was not registered, and he was not then registered. I never said he had no qualifications since. I wrote the letter published in the paper produced. [Copy of the Temuka Leader was put in as evidence ; also copy of letter sent by Dr Hayes to Dr Campbell telling him he was not required to call again at the case he had been attending.] Witness; The only blow I got was against the side door. I knocked him down by striking him with ray fist. He was not stunned, because he was rolling about, and calling me a “liar.” lie struck me several times, but did not injure me—l took good care of that. I had no intention of laying an information against him at all, only that I heard the police would prosecute both parties for a breach of the peace. The assault took place on Thursday, and I laid the information on Tuesday. John Russell, letter-carrier; I remember the 17th of December last. The first I heard of the row was some one coming: in, and calling out “liar and coward.” I turned round and saw Dr Campbell at the same time laying his hat and walkingstick on the counter. He went towards the door, and I lost sight of him for a minute or two ; and when 1 saw him again he had Dr Hayes’s arm around his neck, and Dr Hayes was trying to hit him. Dr Hayes let go his hold, and said: “I don’t want any more to do with you.” They both went towards the door, and I saw no more until near the finish of it, when I saw Dr Campbell get a tew nasty knocks about the face, I did not see Dr Campbell strike Dr Hayes. He could not hit very well in the way lie was. He was trying to get away. W. H. Hargreaves, Manager of the Bank of New Zealand, Temuka, said ; On Thursday, the 17th December. I saw a row between Drs Hayes and Campbell. I was getting my letters when Mr Pinckney came and told me the doctors were fighting. J stepped out of where the private letter boxes are and saw Dr Campbell falling out of the Post-office. Dr Hayes followed him out, and Dr Campbell seized hold of his leg as he was coming out. Dr Hayes got his leg away and stood back. Dr Campbell jumped up and wont for Dr Hayes to hit him, making use of the expression : “ You are a liar and a coward.” Dr Hayes knocked him down. Dr Campbell got up and he was again knocked down, and after he got up again he appeared to have had enough of it and walked into the Post-office. He kicked Dr Hayes’s Hat out of flie Postoffice. Dr Hayes and I walked away then. Dr Hayes did not seem desirous to fight. To Mr Tosswill: I did not hear Dr Ha,yes say anything about a lunatic. R. Pinckney : I remember the 17th of December last. I was at the Post-office that day and saw the two doctors having a row. I was getting letters, and on coming out saw the two doctors scuffling in the Post-office. I saw Dr Campbell pushed down the stpps to the asphalt. Dr Campbell got up and struck' at Dr Hayes, and Dr Hayes knocked him He got up again «nd ho uUt * ll • • - , , was knocked down again. Dr Hives u,.. not seem anxious to fight. I hoard Dr Campbell call Dr Hayes “ a coward.” I did not hear anything else, Dr Hayes. went away and I iaw Ur Campbell come out of the Post-office. He said “ 1 don’t care, I have had my satisfaction,’? or

words to that effect, grasp Dr Hayes’s I Campbell.was stunned. To Mr Tosswill: 1 saw blood Campbell’s face. | Edward Smith; I was formerly a | butcher in Temuka, . I am nothing now, I I remember having a conversation with | Dr CampbelTon the 16th December. , I Mr Tossw ill objected. He said he had I been shut out from adducing any evidence I himself as to what had viously, and he objected to this Mr A spinal I said what he show was that the assault had meditated. His Worship said there was a between premeditation and The evidence with regard to was admiesable. '

Witness continued : 1 had a confer/* tion with Dr Campbell on the 16th‘if£jB Dr Campbell said the next time Dr Hayes he would have a row about a certain grievance. He intended to “ hammer ” him. I was now the Post-office and saw the finish of thr row.

To Mr Tosswill: All I know is th)St|.D Campbell said he would “go” for Dr Hayes Ho used the words “I’ll go for him.” J This completed the case for the pi'oiw ention. j

Mr Tosswill addressed the Court, an said the case was of a, most trivial naturJ and would never have been brought J only to avoid police prosecution. B would produce evidence to show it wj Dr Hayes that struck the first blow. H called

Henry William Campbell, who said am a duly qualified medical practitiontl I produce my diploma, I Mr Beswick : What has Dr Campbell] diploma to do with the question? Hj qualifications are not questioned. j MrTosswill ; They have been freqmntl questioned. I

Mr Beswick : They are not questional now. We are no judges of inediesl quail fications, or medical etiquette. WP a a we want to hear ia the assault case. V Examination continued : On the K?^ 1 Smith volunteered information as to occurred in the case. I deny what Scf said. As for the words ‘‘go fori. or “hammer,” no one ever heard the use of such vulgar language as that. ’ l yn the 17th I was going to the Post-ofr°*> and four or five paces from the office I saw Dr Hayes coming out of Post-office. He passed me by; 1 hj ed • glove in one hand, a stick under my and the Press newspaper in the hand, together with a glove. Remer®® 6 ** ing the provocation he gave me t !*P three days previously, such as o? m<l no F be tolerated by any one, I furneol f° un(l and asked him “ Why did you doV qualifications at the McNair’s, taking dn * warrantably the case from me and caa.!°S doubt on my medical nualifi was hearsay. T was told so by a peril'll la the house. Dr Hayes said he had nothing of the kind. I told him I Imfl proof of what he had said, and that hi had acted the part of a coward,- and thfl it was a lie. There was a young ladl there at first in a dog-cart, not a buggy! She drove away immediately afterward* Dr Hayes was about a couplo of feet fronl me. After saying he had done nothin! of the kind, he advanced towards me anfl struck up against me, I took my gloy! off and put my hand forward, thinklcfl he might intend to fight. We lookedJO each other and I turned away from into the Post-office, I that he was after me threshold of the door, I out “ You are a lunatic,” back to him walking towards the c6uh«rfl and was about to lay my stick on thfl counter when Halt an arm put round an neck from behind, and I received : fl severe blow °on the right eye, being al the same time dragged towards tlfl window. He gave me several othfl blows which I guarded as well as I coulfl I put my right hand on Hayes’s foreheifl and made him step back. He let go al head and caught my necktie and pullffl I stepped back. He was inside, overstepped ’the front step, and'ToilStH balance. He pushed me and I fefl heavily from the top step on the side (fl head to the asphalt. The blow ahnqfl stunned me. 1 remember him comitfl down so close to me that I thought tfl was going to tread on me, I believefl touched Ills legs, I got up ; I wfl powerless to use my hands, snd I w|H knocked down. This was repeated three four times ; each time I got a blow which knocked me down. After getting apMhe last time I did not want any more. went into the Post-office. I did !H strike Dr Hayes before he put my chancery, To Mr Aspinall; I deny vihat Smitfl has said. I did not use such vulgar eifl pressions as “liammer." “Liar ia no! vulgar when it is true. Liar is in th! Bible. You don’t call the Bible vulgar! Dr Hayes did not speak to me. I started! the conversation. When I accused him! he denied the accusation. So far as thsl assault is concerned, some of it was side the Post-office and some inside. Drl Hayes pressed against me in the street;! four paces from the Post-ofijce, stepped backwards and put my arm ontj to prevent him from doing "uy thing. 9 swear the words he used were “ You anil a lunatic.” He must have followed m! to fake me at a disadvantage, the way hi! did. My back was towards him when hfl put his arm round my neck. 1 had nfl idea that be was going to take a raeaffll advantage of me. I thought if he w«™l going to do anything at all he would |P®| it like a man, I am certain 1 was standing at the far end with my towards the door. 1 .was not apaPTfl hensive of a row. I do not taking my hat off. I am in the habit* j! taking my hat off . when I go into VS Post-office. Ido hot rpmemfiar hayinjH said he pressed me to the counter, I srjfl I put my hand against his forehead. ’ { had chosen I could have “gougc/P* out of his head and the nose «g£ his When I was thrown out I saw all round me and I tried to keep me. I do not remember was all over “I do not care, as I satisfaction. I have not been on terms with Dr Hayes for some have tjeyer said I had my action, ' To the Court; I do not know Dr Hayes came towards me or not. waa immediately after ray telling him® he was a coward and a liar that he! pressed up to me. I assumed the shovr I ing up against me was intentional, I dil I not see any of the officials in the Post-1 office when I put down‘my stick. It quite exceptional fer any official t 6 bo

starling in the front. Dr Hayes made xo remark when ho pushed up against mo outside. I had no intention of quarrelling with Dr Hayes, but when I met him I was reminded of the provocation I had received, and 1 could not help asking him about it. John Bussell was recalled by the Court and re examined, but the re-examination did not alter his former evidence in the least. Charles Story: I am a stablekeeper in Temnka. I can see into the passage of the Post-office from my office window. On the 17th I saw Dr Campbell and Dr Hayes outside the Post-office. I saw Dr Campbell go into the Post-office, and Dr Hayes following him. I next saw a scuffle, with Dr Hayes arm round Dr Campbell’s neck, and he “punching him, I saw Dr Campbell come rolling out of the Post-office on the top of his head. I did not see Dr Campbell strike Dr Hayes before Dr Hayes got his arm reund Dr Campbell’s neck. After Dr Campbell got up outsiders appeared as if drunk, and was staggering about. Dr Hayes knocked him down and he got up again and was knocked down again. To Mr Aspinall; I can see from my own office window into the Post-office passage. After Dr Campbell got up outside, Dr Hayes hit him and ho staggered up against the lamp-post and tell down. I never heard him use the word “coward ” or “ liar.” I did not hear Dr Hayas ask anyone to “take this fool away.’’ This is a true version of the case. I have no interest in the matter, only to tell what is true. . .

This completed the evidence, and the Bench retired, and after an absence of 12 minutes returned into Court. Mr Beswick said there was a conflict of evidence as to who commenced the asaault, and the case consequently would be dismissed. The defendant, however, admitted the abusive language, and for that he would be find 20s, and the costs of the Court; each party to pay their other costs.

Mr Aspinall applied to ha\e Dr Campbell bound over to keep the peace, Mr Beswick ; Is your client prepared to go into the box and swear he is in bodily fear of Dr Campbell ? Mr Aspinall quoted Sub-section 3 of Section 8 of the Act in favor of his application.

Mr Beswick refused the application, but said that if Dr Campbell came before him again for using abusive language, ho would certainly bind him over to keep the peace., The Court then rose.