ALLEGED ASSAULT.

Gisborne Times, Volume XXVI, Issue 2361, 30 November 1908, Page 4

ALLEGED ASSAULT.

AN UNEXPECTED INTERRUPT TION.

ABSENCE OF A WITNESS

At the Magistrate’s Court on Saturday morning, the hearing of the charge against Jas. iStraker Jackson was commenced by Air. HV. A. Barton, S.AI. 'Jackson is charged with having, on November 19th, assaulted one William Harvey, thereby causinghim actual bodily harm. Sergeant Hutton conducted the prosecution, and accused was not roll resented bv counsel. The first witnes called was the injured man, who tailed to answer to his name. A second calling had no effect. A warrant was issued for his arrest, and the case was adjourned until Wednesday, December 2. About half-an-hour afterwards, however. Constable Pratt apprehended Harvey, and. the Court was -reopened for the hearing of the deuce of the two witnessesWm. Harvey, laborer, said that he was a boarder dt the house of a Airs. Brooking, Upper Gladstone Roan. On the night of the 19th inst. he saw the accused’ at Airs. Brooking’s house at about 9 p.m. Accused came to the house to see a Airs- Brady, who is also a hoarder at the house. Accused knocked at the door, which was opened by witness, before which accused had said, “Open the door, you b ,or I’ll knock it in." Immediately the door was opened accused struck him oil the head several times with a wool hook, similar to the opfc produced. The blow dazed him. and lie lost a lot of blood. A wound over hi s left eye was so big that it had to he stitched. He (witness) seized the hook from accused, and running.into Airs. Brooking’s bedroom threw it oii the ground. Accused followed hin“ into the-room and threw him. down, striking him several times with his closed fists, and demanding the hook. Witness then made his escape from the house, and sought refuge in an adjoining house, where his head was washed. He was then in a very weak : state through loss of blood. To accused: He (witness) had seen accused in Airs. Brooking’s house earlier iu the day. Ho had had drinks iu the British Empire hotel at 8 p.m.. and then had accompanied accused home to Airs. Brookins’s house. Accused did not. however, enter the house with witness, hut went to the back door, which was locked. Witness entered the housethrough Airs. Blocking's bedroom window. He believed accused had a sleep in the house on the afternoon of, the 19tli inst. between 2 p.m. and ?> p.m., but he did not hear accused complain of haring lost any money. Witness did not offer to get accused's money back for him. if he came up to the house that night. Airs. Brady band he (witness) were living together as man and wife. On the night previous he had a fight- near the British Empire hotel, hut was not much marked in consequence. On 18th inst. witness told a friend that he wanted to see accused 'badly, aud when accused came to the house on the afternoon of the 19th he was accompanied by another man. He did notV try to put accused out of the house before the assault, uor was there any mention of nionev.

Accused put- several further questions to the witness regarding his relations with the woman. Mi's. Brady. To Sergeant Hutton: He had been living with Mrs. Brady for about 4 or 5 weeks, and prior to this Mrs. Brady was .living' with accused, but lie could not say for how long. He (witness) had -hot been fit for work since the day of the assault. Elizabeth Brady, widow, said that she was boarding, at the same house as the last witness (Harvey), with whom slio had been living as"his wife since Labor Day. Prior to this she was living with accused for nearly two yea-rs. She was in bed on 19th -lust, about / .30 p.m. She had been asleep, when she was awakened by a knock at the back door between 9 and 10 n.m. She called out, “AA'-ho is there?” and accused replied, “It’s me, Lizzie.' ’ AY itness replied that she could not get a light, and asked accused to wait a moment. She got dressed, and l bv that time Harvey bad let Jackson in at the back door. She then ‘heard a scuffle, and heard Harvey say to accused, “Leave me alone, or I’ll use a bottle.” (She did not see the assault. To accused : She did not hear Harvey say anything to accused when he entered the house. She did not-hear any scuffle in the -bedroom, nor did she see a knife,on the table -in the kitchen, but- there was a broken beer bottle on the floor. Harvey never said "to her that Qio was going to punish accused. The further hearing was at this stage again adjourned until AYednesday next.