CHARGE OF ASSAULT.

Gisborne Times, Volume XXIX, Issue 3142, 11 February 1911, Page 11

CHARGE OF ASSAULT.

A CASE AT THE MAGISTRATE’S COURT. FIXE OF £3 IMPOSED. Walter Da veil port, a young man, was charged before Mr. W. A. Barton, S.M., at the Magistrate’s Court yesterday morning witli, having assaulted Agnes Amy Price, and caused her actual bodilv harm.

Detective Connolly prosecuted, and Mr. Bernard appeared for accused. Agnes Amy Price, a married woman, stated that the accused and his wife boarded at her place for about five months, and left three days after Christmas. Later accused returned to the house, and had some words with her over some furniture. Witness told him he could have the things when he paid his board. Accused mumbled something, and when asked to speak out he struck her several blows on the face, with his fists, and she fell to the ground. While lying there accused kicked her in the stomach. Someone assisted her to get up, and she went inside feeling very ill. She could not sleep that night, hut walked about the house. The injuries caused serious consequences. Accused visited her house in response to a letter asking him to take his wife away. She had given accused no provocation to strike her, and rhe did not strike accused first. Accused’s blows knocked her to the ground, where he kicked her sufficiently to lay her up for several davs.

Minnie Nielson, Avho Avas at Mrs. Price’s house on the day the assault was alleged to have taken place, said she heard accused and Mrs. Price arguing in the kitchen, but she did not hear '.vhat Avas said. They then Avent round to the front of the house, Avhere Avitness war, and Airs. Price told accused that if he had anything to "say he should say it. Accused then struck her a number of Wows in the face. She fell to the ground, where she lay and screamed. Accused told her to get up, and he Avould give her more. Accused then Avent aAvay. ’ She did not see accused kick Airs. Price. -When she Avent inside Airs. Price complained of having been kicked. Dr. Collins and Dr. Rigg gaA'e evidence as to the injuries sustained by Mrs. Price.

For the defence, Mv. Burnard called accused, Avho stated he had received a letter from Mrs. Price, asking him to call. He did so, and on admitting him she pointed to his clothes and requested him to-take‘them-away. They were bundled up. He asked his wife, who Avas Avith him, if there Avas anything else, and she said there Avas a lamp’ and a cruet- He returned and asked for other things, but Airs. Price refused to let him take anything more out of the hou.ee. .He then Avanted to knoAV about the 30s Price OAved him, and Airs. Price Replied that he Avas not going to get anything more. As I he Avas going out of the front gate Airs. Price told him “to be a man and stand up to it,” and Avith that she struck him bIoAVS on the lips and eye. He put up his hand to defend himself, and as ho did -o he pushed her over. He did not strike or kick her, and when she fell he picked her up. He had supplied half the food for the house, and did not OAve for board. Margaret Davenport, \yife of accused, gave corroborative evidence. _ Her husband did not strike Airs. Price or kick her, though Airs; Price had struck him.

The Alagistrate said that the evidence was not sufficient to warrant h.irn committing accused for trial, and lie Avould be discharged. Accused Avas then charged with common assault, and it Avas agreed that the evidence in the former- case should be taken in this. The Alagistrate said that if _ Airs. Price had struck accused that did not justify him in striking her. He Avas satisfied accused had struck her, and in a cowardly manner, considering her condition. He would be fined £3, and costs £2 15s, in default 14 days’ imprisonment. Owing to the fact that accused had been sixteen days in gaol awaiting trial, as he Avas unable to obtain hail, the Alagistrate allowed. him three weeks in which to pay the fine.