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Edward Pooley was charged with having on Feb. 28 violently assaulted and beaten Ralph Donkin. Mr Joynt for the complainant; Mr Cowlishaw for the defendant. Ralph Donkin deposed that he lived at Warner’s Hotel. On the evening of Feb. 28, witness was in the billiard room bar with some friends. Defendant came to witness and demanded £36 for a bet. Witness declined to pay, as he had cried off the bet, as it was an unfair one. Twice Pooley wanted to compromise the matter, and ultimately Pooley said “if you were not an old man I would strike you.” Ultimately Pooley struck witness in the face over the barman’s shoulders. Witness then went away, and then Pooley followed and again asked for the money, and struck witness two or three times in the face. Witness struck Pooley with a stick in self-defence. Pooley then got witness down and struck him with his ring several times; afterwards Pooley followed witness to his bedroom, but was put away by the landlord. Crossexamined: I had made a bet which I refused to pay. I cannot swear that Pooley did not offer to submit the bet to arbitration. The first altercation took place in the bar-room. The barman saw the altercation in passage, and came and interfered. Pooley made use of very bad language in the passage, and called me bad names. When I was walking away with Charlwocd and Mr Buck, Pooley came and said, “Are you going to pay me that money?” He then took hold of me, and then assaulted me again. I do not know whether Pooley’s bedroom was next to mine at the hotel. W. Radcliffe deposed that he was proprietor of Warner’s Hotel. Mr Donkin and Mr Pooley lodged there. On the evening of Feb. 28, witness saw Donkin on the ground, and Pooley on the top of him. Pooley struck Donkin several times, and then a gentlemen came up and took Pooley away. Mr Donkin then went into the hotel; he was bleeding from the nose, and his face was bruised. When Donkin was washing in his room, Pooley came up, and as some altercation was beginning, witness put a stop to it. Cross-examined—Pooley did not attempt to push past into Donkin’s room. Pooley’s face was bleeding and bruised. John Bailey deposed that he was at the Commercial Hotel on the evening of Feb. 28. Knew Donkin and Pooley. Mr Donkin asked witness whether he did not tell one of the waiters that the bet was off. Witness said “Yes.” Mr Pooley struck Mr Donkin first in the passage; he struck him in the face. By the Bench—Pooley’s face was not bleeding then. Cross-examined—They were in the passage when the blow was struck. The conversation was angry on Pooley’s side, who was not very complimentary in his language. Saw nothing more after that. Joseph Watson deposed that he was barman at the Commercial Hotel. On the evening of Feb. 28, Pooley wanted Donkin to pay him the amount of a bet. Pooley said that Donkin was no gentleman, but a swindler, and that he would pay the ——— out before the night was over; Pooley struck Donkin in the face, and then witness took Pooley away, and he went out. Donkin gave no provocation to Pooley. Crossexamined: When I got hold of Pooley he said he wanted to give the ——— a hiding. Did not hear Pooley say that he would go quietly away. Pooley struggled with me. Did not hear Donkin refuse to pay the debt. Thomas Swinton deposed that on the evening of Feb. 28 he was in the Commercial Hotel. Heard Pooley say to Donkin, “are you going to pay or are you not?” Donkin replied, “No, I told you before the match that it was a catch bet, and I shan’t pay.” The witness then deposed to the assault in the passage, and also to seeing Pooley follow Donkin up stairs, and sending Mr. Radcliffo up after them. Cross-examined: Was not in the habit of betting, but made bets occasionally. Was not in the habit of making dishonest bets. Witness’ occupation was that of locomotive foreman. Mr Digby was with witness at the time, but Mr Digby walked away. A gentleman came in with Mr Pooley. Mr Radcliffe was then towards the dining-room. Witness advised Radcliffe to go up stairs to prevent a quarrel. Mr Cowlishaw: Have you received any money to give your evidence in this case? Witness: Certainly not. I consider it an insult. I never have rehearsed any evidence, it is the truth. George Alfred Buck deposed that he was in Donkin’s company at the Commercial Hotel on Feb. 28. The witness thon gave evidence of the assault in the passage in the hotel, and said that afterwards, in the passage leading to the Lyttelton Times office, Pooley again assaulted Donkin, who struck with his stick in self defence. Witness then accompanied Donkin to his room at the hotel. Pooley came up to the door and said, “Let me have him,” and then Mr Radcliffe got Pooley away. Pooley also said that he would have Donkin in the morning. Witness thought Donkin was very forbearing. Donkin was sober; could not answer for Pooley. Cross-examined: Would swear distinctly that Donkin did not strike Pooley with his stick until he was struck first. Had not been very active in getting up this case. Went with Donkin to a solicitor. Had had a conversation with the barman and others casually on the case, but nothing else; had never received any favours from Mr Donkin. This closed complainant’s case. Mr Cowlishaw said that after the bet was won, Donkin, on being applied to for the money, repudiated it on the grounds, first, that it was a catch bet, and secondly, that as Mr Pooley was umpire, the bet was illegal. Mr Pooley was irritated, and admitted that he did strike Donkin in the hotel, but he did not strike Donkin outside until Donkin had struck him three or four time with a stick. The following witnesses were called for the defence. Thomas Lakeman deposed that on the evening of Feb. 28, after high words, Pooley struck Donkin slightly inside the hotel. Donkin then went out, and Pooley followed him, and, touching him, on the shoulder, said, “Are you going to pay me that money?” Donkin then turned round and struck Pooley heavily three times with a stick. Pooley then closed with him, and threw him down. Witness then took Pooley away up to witness’ bedroom, and sponged and plaistered [sic] his face. Pooley expressed his sorrow for what had occurred. Did not think Pooley harboured revengeful feelings against Donkin. Cross-examined by Mr Joynt: It was a slight blow that Pooley struck Donkin first, for it did not knock him down; did not hear Pooley call Donkin a name (which it is unnecessary to reproduce). Pooley did not strike Donkin at all in the street, until after Donkin had struck him with a stick. Donkin struck Pooley one blow over the eye, and another in the centre of the forehead. Did not hoar Pooley say to Donkin, “You ———, I’ve got you now.” By the Bench: Pooley was wearing a soft felt hat at the time. The defendant was then sworn, and, examined by Mr Cowlishaw, said that Donkin laid him £6 to £1 that he (Pooley) did not name the individual score of the Eighteen. Witness asked Donkin for the money, and some high words ensued in the hotel, and witness struck him slightly. In the street witness again asked Donkin for the money, and he turned round and struck witness with his stick, and then witness closed with him in self-defence. Had Mr Donkin seen witness in his room, he believed that they would have shaken hands and been good friends. When witness named the individual score, of each of the eighteen, he put down a number against each name. The number he put down was 0 (a “duck’s egg.”) Should not think a professional brother would have made such a bet with witness, as he would have had too much sense. Went to Donkin’s bedroom to shake hands with him. T. S. Sweet deposed that he had heard the nature of the bet. He considered it a fair bet. Mr Cowlishaw addressed the Bench for defendant, and contended that the weight of evidence certainly showed that Mr Donkin was the aggressor, Mr Donkin having mercilessly assaulted Mr Pooley with a heavy stick before Mr Pooley turned upon him. As to the assault committed in the bar of the hotel, there Mr Pooley, certainly after great provocation, did strike Mr Donkin, and he would submit that a slight penalty would be sufficient to meet the justice of the case. Mr Joynt replied on the whole case, and submitted that it was incredible to suppose that Mr Donkin all at once assaulted Mr Pooley with his stick in the street without provocation being given. The whole affair showed a spirit of revenge on the part of Mr Pooley, which, he hoped, the Court would visit heavily. Mr Mellish said that the weight of evidence as to the second assault was in favour of the complainant. As to the first assault, that was admitted. The defendant would be fined £5 and costs.