PECULIAR ASSAULT CASE.

Wairarapa Daily Times, Volume XII, Issue 3987, 12 December 1891, Page 2

PECULIAR ASSAULT CASE.

Claim for £IOO DamagesM'llullea v- Boggle. A Verdiot for the Plalatlfl. A peculiar case was heard in the District Court this morning, before His Honour District Judge Robinson and a jury of four, in whioh Dennis M'Mullen, an expressman of Masterton, claimed from David Heggie, a fellow expressman, the sum of £IOO for having assaulted and beat him at the Masterton Railway Station on September 19th, whereby the plaintiff had his leg broken and was disabled from work and placed at considerable expense.

Mr Beard appeared for, the plaintiff and Mr ' Pownall for tho de» fendant.

Mr Beard having briefly opened hisoise, called the plaintiff, who deposed : lam a carter residing at Masterton. On September 19tb I was at the railway station for tbe purpose of getting goods. I went to one of the railway trucks in tbe morning for the purpose of getting goods, when somebody locked me in tbe van. I went borne, and returned to the station,,about 2.89. When I got to tbe station I waß asked by a railwayman if goods there. I said I bad, and went into tbe office to pay for them. When I came out I saw Heggie, who said, " Helloa, are you there ?" I replied, "Yes, I'm hero. I'm much behind after this morning's lark." He said " God blast you, I'll bit you a slap across the mouth if you aoouse me of it." I said " J know who did it," and be then bit me a slap across the mouth with his hand. I turned round and asked him if he meant it. He said, " yes, if you come out into the paddock I'll give you a b——• hiding.'*/ I replied, "do nothing that you'll be sorry for," He then struck me on tho shoulder with his list and caught me by the collar of tbe coat. He commenced to pull me out of the door and afterwards shoved me. I felt his foot go between my legs and he kicked tbe wall. As he could not get me between the door he threw me from one side to the other. I then called out, " My leg's broken," and clutched the window. Mr Hatha way and Mr Chitty saw what transpired. They all stood sneering at me, and I called them a oruel lot of wretohes. A porter afterwards oame up and said, " Take no b notice of him, he's only joking." I afterwards dragged myself towards some bags of flour ( and Birrell placed my leg upon them. I then said, " For God's sake send for the stacionmaster." Heggie was there with his express, but he did not come to my assistance. The stationmaster ordered that my booc be taken off. I said, " For God'a sake get me an express." Heggie was there with his express, but did not take me. I was afterwards conveyed to Dr Hosking's by Mr Wilton, expressman, who ordered my removal to tbe hospital. 1 was in the hospital for about six weeks, and paid £1 a week. I have spent £l2 since ! left the institution. Heggie had frequently threatened me before. lam employ* jng a man now to drive my express at £2 2s a week. lam not likely to resume work for some time, and don--sider my claim reasonable. By Mr Pownall: The clerks in the office were present when Heggie used the bad language. • Heggie had previously said if 1 was worth a slap he would give it to me. Tho two of us have worked together before. He gave me his work to suit his own purpose. The sinews of my leg were contracted, and tbe doctor said it was my own fault. Both bones of my leg were broken. I had only two drinks on the morning when my log was broken. 1 might have been under the influence of liquor "for the want of it." Heggie did not, to my knowledge, assist me. I did not say " Davie take my brake home." I cannot say whether he took the brake home or not. I did not accuse Heggie of looking me in a truck, although I said "I know who did it." I had not my whip in my hand when the scuffle took place, and I used no bad language to Heggie. I .had*, no opportunity to nse my • hands. I remember being in tbe public bar of the Club Hotel the other day, but I did not say my leg was broken through an accident. Dr W. H. Hosking defused : lam surgeon to tbe Masterton Hospital. On September 19th last I Jjjjl M'Mullen, who had a fracture iflffr bones of the leg and a He has since been and now is . under my treatment. It will be from three to six weeks before M'Mullen can resume work. He ought to be able to \ resume his occupation in six weeks' time. The hospital fees are £1 a week. My medical attendance since he left the hospital nffr coat him about £6.

By Mr Pownall: I cannot say that the contraction of the muscles has been caused by the neglect of AJ'Mul-/ len to put his foot to tho ground. /" This may not be his fault. He cannot endure the pain. William H. Chitly, clerk ) at> i,the railway station, deposed : Iremomber there being a disturbance on the afternoon of September 19th between tho plaintiff and defendant. * M'Mullen was there getting goods. life said to Heggie, " 1 know who ii was who shut me up in the truck this morning." Heggie replied that' it was not he who did it, but did not to my knowledge use strong language. The next I saw was M'Mullen lying beside a case. I heard a bit of scuffling, but heard nothing of the conversation; between the two, as I was -busy.' ][■* saw Heggio strike M'Mullen acrosa the mouth witu his hand. M'Mullen afterwards called out'that his leg was broken and asked for assistance. Mr Hathaway then caught hold of the leg. us thought his leg was broken. Heggie afterwards, assistod K 'Mullen out on to Wilton's express, by 'walking beside the stretcher (laughter). Heggie also asked M'Mullen if he could do anything else for him. " •■ " ' By Mr Pownall: When M'Mullen .

spoke to Heggie he had bis whip in his hand. .. Re-examined by Mr Beard : I will not swear that M'Mullen had Ins whip in his hand. Arthur £ftvid Hathaway, also a clerk at the railway station, deposed: I remember the 17th of September, on which dato M'Mullen was in the office, when Heggie came in. M'Mullen said, as fai as I remember, " You locked me in the truck Davie." Heggie replied, "No I never." M'Mullen said, " Oh, I know who did it," when Heggie said, "If you say that again I'll hit yoa over the mouth." M'Mullen repeated it, when Heggie hit him on the Dose with his hand and said, «' If you're a man you'll come out". Heggie then pushed M'Mullen towards the door, when the latter said, "Oh ray leg's ont." He afterwards exclaimed, * 'for the love dH-'Mary pull my leg." I pulled his leg, when he asked me to desist and limped across tiie room to He sat there for about hour. {Several of ns looked atTifs leg and could see nothing wrong with it. We did not think it was broken. Wilton afterwards came np and Baid-. M'Mulleri's leg was broken. I think Heggie's brake was loaded at the time. By Mr Pownall: M'Mullen tumbled farough the doorway, and there was a case close by. I should not think the fall sufficiently violent to break a man's leg. This was the case for. the plaintiff. Mr Pownall addressed the jury at some length for the defence, statiDg that the evidence for the plaintiff supported the defence. The whole affair had arisen through- M'Mullen accusing Heggie of locking.him in the truck.

David Heggie, sworn, deposed ; I remember the occurrence with M'Mullen on 19th September. On the morning of that date M'Mullen was shut in a truck. I,had nothing to do with this. Birrell shut thedoor. When be came out M'Mullen walked straight up to me and accused me of shutting him in. I said " come on Dennis, come and get your goods." instead of doing so he used some bad language and walked away. In the afternoon 1 was tackled by M'Mullen in the office about the truck. I told him several times I did not do it and said, "if yoa want anything come out of the office." I put my hand up to him and hardly touched him. He bad his whip in his han and made a fjcab a*-, me. I turne round and M'Mullen fell. I did ri< think.his leg was broken. I had load on my brake which I, went a'wt and took off. I then returned to b Dennis and assisted to carry him Wilton's brake. The last words 1 said were, •' Davie, take my bra! home, put the cloth on the horse ai put him in the paddock." I sal "alright We bad worke together for some time. The whol - . affair arose outrbfihe truck business / I had no othefc reason for hittinj him on the nose; did ..not Bwea when I asked tbe plaintiif to com out to the paddock. MvJlallen was

little the worse fdrji£ubr at the time By Mr tha M'Mullen was intoxicated. He ha two driDks with; me. I need n strong language: to > him.. Whe M'MullenjfelPhe told me ■- his anU was out.-He did not tell .me his Jfe was broken. Edward Birrell, relieving: guard o the railway, deposed: I remember th in the, morning M'Mullen was shu np in a truck. I shut the door because M'Mullen had no right there. When he came out M'Mullen looked towards Heggie, and said, " I know 'all about it,rsnow the meaning of it." M'Mullen then went home. On returning at two o'clock I went again into the truck. Heggie drove up with his waggon and afterwards went into the office. Hearing a row I went over to the office and found M'Mullen lying by the win/fow. He said, " For the love of Mary pull my leg," He said, "My leg's out." I thought at first he was acting, but afterwards assisted him to some bags and took '-■'.■' his boot off. A stretcher was pro- : cured and M'Mullen was placed into Wilton's express, Heggie assisting to put him there. : >~ By Mr Beard: Si .cannot say where ;-\ Heggie was whenjM'Mullen said his leg was broken, .v Samuel Minifieldeposed to having seen M'Mnllenlyihg in the goods shed on the day. his leg "was broken. ■ M'Mullen was placed in an express by Heggie and Wilton. The jury was then addressed at some length by counsel for plaintiff and defendant,, v His Honour directed the jury as to their findings. After a retirement of about a quarter of an hour, the jury returned a ,: ■verdict for the plaintiff, and awarded ,£SO damages, with costs JBII Is.