Wousry ¢ FA. Buawe, sent., and B.A. Brake, jun.
Frank A. Blake, sent., and Frank Blake, jump., were charged with having assaulted the complainant, W. E. Wolsey, in the Public Gardens, on Saturday, the 2nd instant.
In reply to his Honour, Mr. Blake, sent., said that if the fact of defending oneself against an assault, when not the aggressor, was any plea, then he pleaded not guilty Mr, Blake, junt., also pleaded not SUAL his Honour's suggestion, Mr. Brush-guilty.
who appeared for the prosecution, proceeded to call his witnesses at once.
Walter Ernest Wolsey, the complainant, sworn, said that on Saturday evening, the 2nd instant, he was in the Public Gardens. About 9.15 p.m. he was on the green, rather nearer to the band-stand than the path. He was sitting in a folding chair, and noticing that two other chairs, standing with their backs to the river, had been vacated, he got up to secure one. At the same time another senr.—reached the left-hand Witness put his hand on the chair and ssu aly re violent blow on the ud with ast round he saw Mr. Blake, junt., j hind him and believed that it was he who had struck the blow with the stick. Al-blow across the head with He believed the blow was intended for his face, Int and it cut his car, Mr. Blake, jum almost at the same struck' him the collar bone with his tst. Witness was partly stunned and staggered back to the chair he had originally been oceup: ing. Ho was bleeding very much. After leaving the Gardens. witness went to Dr. Jackson. Dr. Jackson had been attend: ing him since then and saw him at 2 p.m, the previous day. The hearing of the left car was temporarily affected, but he believed that it would get better in time.
Croxs-examined—Witness said that he assistant to the firm of Kelly and Walsh, Ld.. and had been in Shanghai one year last month. He was a British subject. He frequently went to the Gardens to listen to the Bind. He had nev had an altercation about a chair before.
He was sitting on the grass with two friends and each had a chair. They were sitting about five yards from the path. When witness went to get one of the vacant chairs, he noticed Mr. Blake, sent., but did not see his son. He would swear that he did not strike or jostle Mr. Blake, sent., at all. He did not strike the first blo In reply to his Honour, witness said that he had his hand on the right-hand chair when he sas struck across the knuckles from behind. He turned round, but did not <ay anything or strike a blow. He was advised to call a constable and did so. The constable took the defen-
Ldants' names and addresses.
1G. J.T. Newman, sworn, said that Inst saturday evening he was in the Public dens, sitting about half-way between the band-stand and the river railing. Wolsey was x about twelve fect to his left. Ho saw the two chairs vacated and sao Waley go across. He saw Wolsey's right hand on one of the chairs and saw a gentleman hit him with a stick, but could not see where the blow struck, Wolsey turned round and then witness saw Mr. Blake. cent.. hit Wolsey across the head with his stick, and Mr. Blake. jnnr., hit him on the chest with his fist He heard Mr. Blake, jump., sax. " Take that, you coward." Witness asked Mr? Blake for his name, but the latter refused to give it. Wolsey might have bumped Mr. Blake, sent.. when he was wrenched round by Mr. Blake, junior. but not before. Wolsey did not attempt to strike either of the defendants.
Cross-examined—Witness said he wat not sitting with Wolses. He was sitting just behind the defendants. Wolsey was not a friend of his: he had only met him jin the store and knew him as a member of the Fire Brigade. There were not so many people in the Gardens as usual on the nicht in question. He could seo all that happened. He could swear that Wolsey did not push or strike Mr. Blake, jsenr. "Mr. Blake, junt.. had his hand on Wolsey's left shoulder. Wolsey did not strike or raise his hand or cane.
John Whitelaw. sworn, gave corroborative evidence. He added that Mr. Blake, gentleman got up and went towards the sent., struck a most savage blow which chairs, so witness then hurried and reach- could be heard all over the Gardens. He od the right-hand chair just as the other did not see Wolsey strike a blow. Wolsey gentleman—who afterwards proved to be arrived at the vacant chairs first. After the affray he heard one of the defendants say, "You eu Mr. Blake, sent. said something about protecting his son Cros—sxaminel—Witness said he could see distinctly all that occurred. Wolsey did not strike a blow. He did" not know Wolsey was carrying a cane. There were not enough people in the Gardens to obstruct the view. Wolsey reached the ant chairs a little ahead of the defendants.
Hespie Edwards and their crosyexamination elicited imilar replies.
For the defence, Frank A. Blake, junt., swart that on the evening of the Ind ins companied his father to. the Public dens. At first. the only seat they could secure was one on a long bench on which four other people were already satd. Shortly afterwards they noticed two vacant chairs and immediately went to secure them. He and his father walked close together and as he put out hi left hand to take one chair, his father took.the other chair in his right hand. Just as the ing down a man—the complainant—rushed between them and almost knocked Mr. Blake, sear, into the river. The complainant said, want this chair," and witness replied that the chairs were already taxon. The complainant then struck at witness thrice with his cane, but witness turned the blows off with his stick and they only struck his fingers. After the complainant had struck the first blow, witness hit out with his fist. but missed." When he rushed at witness again, Mr. Blake, sent., bit him with his stick Crosvexamined—When he first saw Wolsey, the latter was practically on his father's back.
J. Rosenfeldt, E. Fischer, and George Brockhoff, three genth: aca The were ting on chairs next to the vacant, seats above-mentioned, and Lewis H. Winey and Edward Parker, of the U.S.8. Wilington. gave evidence corroborative of the defendants' statement. They all asserted that the defendants were the first to reach the vacant chairs. and that Wolsey came rushing up and nearly knocked Mr. Blake, sent.. into the river. The thre first-named witnesses stated that complainant was the aggressor and struck the first blow, and the two last-named witnesses said that though they did not, see Wolsey actually strike a blow, his back being toward them, they saw his arm raised threateningly and saw it drop.
His Honour said that the burden proof lay with the complainant. The complainant's story was supported by several witnesses, and the defendants' story was likewise corroborated by several witnesses, but the two stories were entire.
Text read from the printed page and cleaned; old type leaves the occasional error.