Police Court,

(Before Messrs P. P. Rosenthal and C. G. Hobbes, J’s.P.)   TUESDAY, FEBRUARY 25.

Frank Brown (25) was charged with that on February 22, at Terry-Hie-Hie, he did unlawfully assault Albert Duncan. Mr. T. R. Hogan appeared for the complainant, and Mr. A. B. F. Zlotkowski for the defendant, who pleaded not guilty.

Constable Stuart Foster, stationed at Terry-Hie-Hie, deposed: I know the defendant and complainant in this case. In consequence of a complaint made to m« by the complainant, I arrested the defendant at 11 p.m. on the 22nd instant. Both defendant and complainant were present at the time of the arrest. I said to complainant, ” Is this the man who assaulted you ?” He said ‘Yes.’ I said to Brown, ‘Did you assault Duncan?’ He said, ‘I had to defend myself.’

By Mr. Zlotkowski: Hei may have said, ‘What I did I did to defend myself’. He did not say he went over to the camp because, they were fighting over there. He did not say Picket was choking another black and he (Brown) tried to pull him off. He did not say he was hit over the head with a stone while he was pulling the other man off, but he did say he was hit with a stone. He showed me a place on the left temple under the hair. He did not say who hit him with the stone.

Albert Duncan, laborer, residing at Terry-Hie-Hie, deposed: On Saturday night last at about 9 o’clock I was at my own place. My wife was present, also Harry Nean and Mrs. Newman (a midwife). I know defendant. He came from the direction of the mill to my place. We were inside the house when he came. Two men, Gillen and Picket, were fighting near my verandah. Brown came round the corner and said something. I then came out of the house and asked them to get away — to got off the premises. He punched me on the forehead when I said that. I walked back to my room and he said he would kill me. He had a paling which he tore from the fence. He hit me on the top of the head with the paling. Picket took the paling. I then went to my wife’s assistance, who had fainted. I did not assault the defendant in any way.

To the Bench: I heard the men fighting outside. They were fighting a couple of minutes. Picket lives at my place. Gillen does not live there. Picket is my step-father. I have no mark on my head where I was hit. By Mr. Zlotkowski: He did not give me a black eye. The men were fighting for two minutes, but not five minutes. Picket and Gillen are both blackfellows. I was never in any fight before. I have had a bad fall off a horse. The hit defendant gave me was not as bad as that. He did not do me any harm. I am as good a man as ever. Harry Nean, laborer, residing at Terry-Hie-Hie, deposed: I know Brown and Duncan. I was at Duncan’s place about 9 o’clock on Saturday night last. I saw Brown come through the gate. He used some bad language when coming through the gate. Duncan came out of the house and said, ‘Don’t kick up a row here, my wife is not well.’ Brown then struck Duncan somewhere about the face. He hit him with his fist. Duncan then went towards the porch of his home and Brown followed him. He pulled a paling out of the garden and said he would knock his ….. brains out. He hit him with the paling, but struck him with no force. Picket took the paling out of Brown’s hand. Duncan went to his wife.

By Mr. Zlotkowski: There was no trouble when Brown came. Gillen was walking away when Brown came. Duncan was not there when Gillen and Picket were fighting. If he said he saw Gillen and Picket down he was not telling the truth. Picket was down and Gillen was on top of him. Duncan did not come till Brown came. No one hit Brown with a stone. I did not hit Brown. He came to me for protection. He fell against a post where Picket threw him. This was at the finish of the row. Picket was fighting with Brown after Duncan went away. The fight between Duncan and Brown was only a hit. It was a wild fight between Gillen and Picket. Gillen is about 22 years of age, and Picket about 50. I was up once for fighting. I was not referee. By Mr. Hogan : I was up about 18 or 19 years ago for fighting. To the Bench: Brown had liquor on him. Frank Brown, laborer, residing at Terry-Hie-Hie, deposed: I remember the night of the 22nd instant. I went to Duncan’s place to get my horse— Gillen had it. I saw Gillen had Picket down choking him. I pulled Gillen off. I got hit on the head with a stone. Picket threw it. ‘ I did not do anything to Duncan. The stone knocked me down. I did not pick up a paling and I never hit Duncan, nor tried to do so. Duncan was there when the fight was over. I was about ten yards from the verandah. I used no bad language, I work for Mr. Cory. I was only going to get my horse.

By Mr. Hogan: I am not a quarrelsome man. I was convicted for fighting about two years ago. I was fined for being drunk and disorderly three years ago. I was fined £3 for using language, and £1 for resisting the police. I drink. I had one drink on Saturday night. It was beer. Sometimes I use bad language I did not use bad language last Saturday night. I did not hit Duncan, and I did not pull a paling out of the garden to hit Duncan. I did not take a paling at all. Duncan did not hit me, only Picket. I heard women screaming outside, the house. None of the ladies fainted that I know of. I did not get the mark on forehead by falling against a post. By Mr. Zlotkowski: The three convictions mentioned took place at the same time — two years ago.

By the Bench : I saw Picket throw the stone. He was about 5 or 6 yards away. Cecil Cory, drover, Terry-Hie-Hie, deposed : I know the defendant Brown. I have known him since he was 12 years of age. He is a quiet and inoffensive fellow and a good worker. He is not a loafer. By Mr. Hogan: He does not look for fight. He does not drink to any extent. One beer would not upset him. I never knew him to drink rum. He does not swear.

The defendant was convicted and fined £1, with £2 witness’s expenses, and £2 professional costs, in default one month’s imprisonment, with hard labor.