MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 2017, 28 February 1907, Page 2

MAGISTRATE’S COURT.

ALLEGED VIOLENT ASSAULT ON A CHINAMAN. GREAT DISCREPANCIES IN THE EVIDENCE. (Before Mr Barton, S.M.) At tho Police Court yesterday morning, before Mr. Barton, S.M., Alfred Bush, laborer, was charged with assaulting a Chinaman named Wong Cliee, on Tuesday, by striking him oil tho head with a stick. The com ilia ina nt elected to be sworn in Chinese fashion. Tho proceedings were decidedly humorous aur farcical. A match was lit, which complainant held in his hand while the magistrate administered the oath to him; but while this was being done the match had burnt out, and another bad to bo lighted. Tho complainant, having been sworn, gave his evidence, and another Chinaman interpreted it to the Court. It scorns that the complainant wont to defendant’s house a iittlo after ten on Tuesday morning. Ho went, there to sell vegetables and to ask for a little money that was owing to him. Ho saw the defendant there, and lie also saw a woman inside the houso. Ho spoke to the accused, and asked him if liis “missus” was in. Defendant told him that she was not at home, and also ordered him to “clear away.” Complainant said, “What is tho matter?” Defendant then raised a stick, and hit him with it oil the head, on liis shoulder, and oil his hand. The accused - also attempted to kick him. and afterwards struck him on the right eve with liis fist. (The eye was much discoloured.) Complainant did not strike the accused. lie went to a doctor wlio attended to his injuries. In reply to Sir. Stock, who represented tiie defendant, complainant said he did not say to deiendant when he told him his wifeiwas out—“Liar.’ He had not used liad language to Sirs. Bush on the previous Saturday. When defendant told him to clear out lie did not pick' up a broom to strike the defendant. He fell down wlion defendant struck him. When he got tip he did not throw a brick at defendant. He ran away after tile assault, and the accused followed him. Defendant did not push him out of the yard. Dr. Collins was called, and stated that the complainant came to him about one o’clock oil Tuesday afternoon. Witness, examined him and found on the left side of liis head, oil the outer side of the shoulder, left wrist, and under the right eye. ■ Frederick Maher deposed to seeing the complainant in tho defendant’s yard. The defendant was there, and each of them had a stick. The accused had what appeared to be a broom handle in his hand. He heard Bush tell the Chinaman to go away. The complainant did not go, and defendant then struck him with Ins stick. The Chinaman struck him hack. They continued fighting with their sticks until they were broken, and they then fought with their hands. 'He saw the Chinaman after the fight, and noticed that his face was bleeding. He did not see any marks on tho accused. By Mr. Stock: Witness was about twenty yards away when the fighting was going on. While they wpre fighting the Chinaman fell down.Constable Irwin stated that the complainant came to him, and complained of having been assaulted by a man. He was bleeding from wounds on the head. Witness saw the accused, who told him the Chinaman had thrown a brick at him. . Mr Stock, for the defence, denied the assault. The complainant got liis wounds by falling against a wall. The defendant was called, and deposed that Mrs. Jones, a neighbor was in liis house when complainant came in. and asked if Mrs. Busli was in. He told him she was not, and complainant then said “ Liar. Ho ordered complainant off tho premises, but he would not go. Witness made a rush at him, and there was a struggle between them. Complainant tell, and, getting up, picked up hall a brick, and threw it at lnm. He did not at any time strike complainant with a stick, nor did lie strike linn with liis fist. rpl By Detective Maddeni: The Chinaman only fell against the chimney once. Mr. Maddeni: A very accommodating chimney. In reply to further, questions by Detective Maddeni, the defendant stoutly denied striking the Chinaman. He liad heard Mr. Maher’s evidence. . Mary Jones, a married woman, said she was in defendant’s house yesterday morning when the complainant came. She was also there on Saturday The complainant! then called, and asked for Mrs. Busli. Witness told him she was not in. He stepped inside the front door, and saul, Aon liar ” On Tuesday morning complainant came jigain, and wanted to see Mrs. Bush. He was told by defendant that, she was not in, and lie said “ liar.” When she went out into the yard she saw the Chinaman with a broom ill. Ins hand. She also saw him pick up half a brick, but she could not flay whether he threw the brick. She did not see any fighting Busli liad nothing in Ins hand that she was aware of. . By Detective Maddeni: telie saw no blows struck on either side. She was positive the Chinaman had called defendant a .. . Arthur Samuel Moore said lie lived next door to defendant. He saw the complainant at defendant s house on Tuesday morning. Witness, heard him asic if Mrs. Busli was in, and when told that she was not he said, (-You liar.” Mr. Busli then came out and asked complainant he wanted. The latter, replied that" 110° wanted Mrs. Busli, ‘ Defendant replied, “She is not in. Come again.” Complainant said, “Slic is inside.” Defendant said, „ She is not. Get out.’-' The complainant then picked up a broom, and deiendant wont to take it from him. There was a struggle between them, and the broom broke in the’struggle. Complainant fell, and ill getting up picked up a piece of wood. Defendant took it from him, and the Chinaman said ho would summon him. witness did not see Busli strike complainant. If blows had been struck witness would have seen them. By Mr. Maddeni: He had not said that a white man’s word would lio taken before a Chinaman s. Flie complainant struck liis face against a chimney in falling, and when lie got up witness noticed that his face was bleeding. Tlie complainant was very excited. „ By the Magistrate: He could see all that passed, and could hear distinctly the words spoken. George Field, slaughterman, also gave evidence for the defence, and said tliat the first blow was struck by the Chinaman. He did not see Bush strike complainant. Witness was only 12 yards away, and could see and hear everything. By Mr. Maddeni: Busli struck the Chinaman in the scuffle. The Magistrate said that there were great discrepancies in the evidence. The case would be dismissed.