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2 corrections, most recently by youngbeth - Show corrections



At the Civil Court on Wednesday morn ing, before his Honor Mr. Justice Bou caut and a jury of 12. the Hon. J. H. Howe, M.L.C.. was sued by Mr. W. H.

Beaglehole for £1,000 damages for an alleged assault committed on him at Bro ken Hill on November 19, 1898. Sir John Downer, Q.C with Mr. F. H. Downer, appeared for the plaintiff, and Mr. J. H. Symon, Q.C, with Mr. J. Scammell. for the defendant. Sir John Downer occupied half an hour in opening his case and then called evi dence. William Henry Beaglehole said he was managing director of the Lion Brewing Company. He was also a director of the Junction mine for four years, and resigned after the assault. He was a member of Parliament from 1881 to 1887. Mr. Howe went into Parliament at the same time, and he was on the directorate before witness was. He was at Broken Hili on November 18 with the other directors of the mine, Messrs. Ind, Johns, Murray, and Howe. They inspected the surface of the mine on the 18th, and next day wcat underground. On Saturday, the 19th, they returned to the hotel about 1 o'clock. Up to that time the directors were on the most friendly terms. They had lunch to gether on the Saturday. He saw Mr. Howe again at 6 o'clock in toe dining-room- Mr. Howe was sitting down, and there were a large number of people there. The direc tors had a table to themselves. Mr. Howe came in when the others had nearly fmiali- j cd. He sat at the end of the table on witness's left-hand side. An arrange ment had been made to supply ore to- Schmidt, but witness was not a Tartar to it, as he was in fcngland at the time. Witness said— **As I shall not be with you to-night will Jou tell Captain Phillips that Mr. Schmidt ■wants to see Cam?" Mr. Howe replied "Oh, let him go to hell," which was re peated several times. Turning to witness Mr. Howe said. "Beaglehole, d<k you know what 11*^1* of you?" 'When the question «as repeated witness replied, "I hope it is something good. Mr. Howe said, ''You are a*— crawler, and a crawling hypo tftt" Witness said, "Good gracious, what **J-11 His about?" He said, "You are a rjL hypocrite, and all your relations." wnkes? replied, "Never mind my rela tions. What you have to say, say to me." Heaaid, "Sou aie a tinker." >Wlt nestf replied, ''Well, you are not even a good tinker." Mr. Howe kept'on inter jecting. "You axe a -7- tinker." Witness said, **You are not .a good tinker. You are a -bad tinker; or you would not go on Hke this." Mr. Howe said again, "You are a tinker," and witness replied,."You are a ——bully, andl don't care a. snap of my;fingers for you."' Witness and Mr. Ind went for a walk, and on coming back a quarter of an hour later he went into the smoking-room.' He did not know Mr. Howe was there till he heard him move from fc corner. -The room was' about 19 ft. by 12 ft^and aewindowfacedChodMtreet. Mr." Howe came towards him, shook hie fist TC him "again, and began swearing. H> called Jrim "A — sneak." Witness put up hi*'hand and said, "You go away, or I will give son "in charge of toe police. I have had •sough -of this.'! He would be 03 in the fir*t week on 'Slav. Mr. Howe . rushed at him and said, "You ", and struck , him in the month. Witness re membered nothing jjwre untQ he found hhntirif upstairs 'in . bed. The assault happened, at about 7. o'clock. Mrs. Simp eon and Miss Edwards, were with him when he recovered consdonsness. He was osOess during the nighl, and on the Sunday he was very feeble and -weak. He was suffering eiiteme paid at Ihc bock of the neck ard 1.1 the mouth, and be n numbness in the legs.' He felt better at 4 o clock on the Sunday afternoon and be got "up. He drove ;to consult Captain Warren, manager of-.Block 10, about the matter, and went to bed when he got home three-quartere of. an hour. later. He i retained to town on the 'Tuesday even-1 ing and had suffered since. He had been weak, excited,- and trembling, and .had not been able to attend to Ms .badness at :he Lion Brewtu?. Fs had to set someone else to do the outside work. He had a tooth loose now as a result'of ihe assault, and he could not masticate hia food and eat solids fe "*^>r aeron weeks. (He had not been awe-to attend to his-fifhrate business. By Mr, Symon—He 4id driven pretty well on sops, but big frends did not teD him he was a picture of health. He had bread and milk and eggs at breakfast, and very often bread and.milk at dinner. Hie had. not tad any meat for the last fire or bix weeks. He was never considered ex ratable and was of a. calm temperament. (He was not "irnry" a bit He was not calmer when Jjvinjc on breaa and milk and ems. He had a violent blow in Che month witii the foH force of Mr. Howe's K<ant strength. All hu teeOi were loose at he time, but (hey-bad tqdrtened up wince with the exception of one at tbeback. - He unarmed that -one was loosened by the faiL He was in a Shattered condition. s?d "me of t*e witnesses, would ?veevi denee..of Jhe "shalter** f 3fr; Howe wa? m a'.reiT eicite3 state aid witness could not understand him at all. Johns wa? witness s brothertui-Uw, .Ind was die-, tandy related to Win T>y marrow-, and Simpson was his partner. ,He did not lav an information for assauH at Broken HiH on the advice of bis solicitor there. He ttouAt at first it wottW have been well t? have Mr. Howe locked on. He did not instruct his solicitor,'."Edwards, to get damagea. He left it entirely with to*. Edwards, and he Would not renudiate a Utter he had sent ito Mr. Howe." He saw Sir, Edwards on the Monday monrinc. He was not dressed and about on tie Sunday morning-- Mi. Murray -saw him in hu roonu. Witness was not able to visit the hotel* in his usual way on hk return to Adelaide on account of the assault. One is particular was the Black lion Hotel, «t Hindnuirah. -He had sworn in answer to certain interrogatories—"l cannot define any duties I was unable to perform." He duties generally. There were things coming in every day that he could not attend to, They were looked after by ; the secretary of the Brewing Company, but'; witnes? continued to receive his salary an Tn?nnteing director. He had to get some one else to collect his rents. When witness got back from England in October he' heard there had been some complaint *y .air. Howe in reference to some con tracts for supplying concentrates that wetc entered into by the other directors while he was at the Federal Con vention in Melbourne. 'He criticised the cojPwiota very severely and might have sammuhey would be rninoas to cue com paSK The complaint was that tfae direc corcjarranged 4o supply concentrates in «tefd of crude sulphide ore. The Dry Crqfk Smdtinic Works threatened pro ceedinm two or three times. Mr. Howe's remark You and your relations" re ferred to Vitness and Messrs. Johns and Ind. He had never heard Mr. Howe sly that witness and his relations "him* to gether in opposition to him on die di rectorate of the Junction mine. Mr. Howe had complained of what he call ed an error of judgment on the part of xhe directors, but . that was aboot 13 months ago, bat he would not be posi tive as to the date. Witness did a good business at Broken Hill, but on the Fri day, eveamg "he only inspected one hotel. ■ Hfi*?F Mr- **?we cO'tiie balcony iod told him he had been adeina on old cus tomer. He might hove said •'customers.'' He did not say 'he hid had a "hkh old time," bnx tftat he had been thorotie'ajj etgoytax iumsell. He «v very abste mious, not seasoned. - While the di rectors were 'at Broken Hill some thing was said about the com pany entering into contracts for concentrates, which coirid not be envpHed. Air. Howe started some conversation about it at a meeting in town, and it miidittbave fceen a sore subject with fiim. The mat ter was referred to in -the mine office at tae HiH when Captain Phfllips was pre sent. Jt was not tie first thins witness tho. when Mr. Howe sat down at dinner on the Saturday evening to refer to the subject of concentrates. He amply eaid that Schmidt wanted to see Captain Phil lips, and that had reference to me snbiec-t of concentrates. He did not say "Schmidt JLam.3 another 100 tons of concentrates." He did not mention the quantity and he did Dot lean towards Mr. Howe. He caw Schmidt just before dinner. He knew that he was threatening tlhe company for An action for demurrage because they could cot supply the concentrates. That ; -wouUliuip to make the subject a 6ore one. Mr.' Howe did not say, "You know, Beas!e holc. we have had a letter threatening pro ceedings for not letting tiresn hive what we have agreed to Jet chem aave. and I can't agree to let them have any more nntn I have seen Captain Phillips." They ■tveri? not in the habit of selling ore with out coninlting Captain Philips. Witness did no: say, "^VSiV should the directors have to go to PhilKps for everydiing." He did not ea*l Mr. Howe a coward and. a big bounce. Mr. Howe did not teu him he was a foul - mouthed feiiow: it was the other way abont. He would swear Mr. Howe called him "A ■ crawling hypocrite." He was asked to

I relate all that took place in tie interroga tories, and he did not then say that Mr. , Howe called him a hypocrite. He could not possibly repeat all he said. When witness got up from his chair he flipped his fingers, but not intentionally, in Mr. Hoive's face, although they were very close together, and said —"I don't care that for you." When witness was in the smoking-room he did not say '-You cur," to Mr. Howe aud cause him to turn round. He made no remark at all to him, and 'Mr. Howe turned round with out rhyme or reason and came to wit ness. He (Mr. Howe) did not say to witness—"Look here, Beagleholc, I have done with you for all time, good, bad, or indifferent." He did not know that Murray came to him when Mr. Howe knocked him down, and he did net know that he said—"Lcai'e me alone." lie had an indistinct recollection of -Murray coming into his room after midnight on I tfie night of the assault. N-ext day _he a&ed Murray to examine his moutli. but did not remember that he said he could see nothing. '"By Sir John Downer—He diU no busi ness at Broken HiH after the assau-It. Edgar Herman Setzke. duly qualified medical practitioner, practising at Broken Hill, said he was called at about 7 o'clock on Saturday evening, November 19. to sec Mr. Beaglehole. He found him in an easy dhair, unconscious. ?31ood was dropping from the nose and mouth, and the nose and underlip were much swollen and 'bruised. 'Qe pulse was slow. John son and one or two others assisted Mr. Beaglehole to his room. He fainted twice going upstairs, although stimulants were cjven several times. On getting to bed he complained of pains in the neck and nnmbneos in the limbs. His words were inarticulate and incoherent, and bis me mory seemed to have disappeared. Wit ness examined his neck, and came to tne conclusion that Mr. Beagienole was suf fering from concussion of tlie brain, cann ed, no doubt, by his coming into contact with some blunt object. Witness saw him again about six weeks ago at Broken Sill, and he was still complaining. The in juries were Sich as would leave effects for a considerable time. By Mr. Symon—Witness- happened to be in the hotel at the time of the assault. He was expressly called m by Mr. John son, the landlord. There were no external abrasions. He concluded that there was concussion of the brain from the loss of memory, the slow pulse, the slow respira tion, his inarticulation, and incoherence, the numbness and tingling in the .limbs, and other symptoms that Jlr. Beaglehole .described to him. It was at 11 o clock that he came to the conclusion that Mr. Beaglehole bad concussion of the brain. Bennett Johns, one of the directors of the Junction mine, and a brother-in-law of the plaintiS, said he and his co-direc-. tors were on good terms. While they were -at tea, Mr. Beaglehole said Schmidt wan ted to send some ore down to Port Pirie, and he asked the other directors to tell Captain Phillips that Mr. Schmidt wanted to see him. -Mr. Howe said—"Let the Jew?.go to hell." Witness understood him to be referring to Schmidt, and his partner, AmschelL Mr. Howe said—'*Do you know what I think of you, Beagle-' bole." The latter replied, "I don't know." Mr. Howe said "You are a liypp crite; you. and your relations. You have been speaking to Captain Phillips. You are a linker.*' Mr. Beaglehoie re plied, "You are not even a good tinker. You are i_ bully." Mr. Beaglehole, leav ing the .table, snapped bis finecrs, and said—"l"doa't care that for you." Wit ness, Mr. Murray, and llr. Howe went to the smoking-room, -and Mr. Beaglebole came, in tfterwards, and sat by witness. Mr. Howe went past them, and turned-round and said, "Ijook here, Beaglehole." "Mr. Beaglehole rose from his chair and said, "Yon co away, or I will give you in charge." Mr. Howe said, "You -——, and, running, hit him. Wit ness caojajit hold of MrT,Howre, and said, ■'Why did you hit him?" and then .went to Mr. Beaglehole,: -who- was' oh the floor, having -fallen in consequence of the blow. He ran.ottt andjisked-someone to so for a doctor.; There might hive been differences of opinion amongst"the directors, but never a quarrel. ; - -' By Mr. Bymoh—He had discussed the case, with the plaintiS the previous day, and might have eaid the words " —— hypo crite or *' crawling hypocrite" were used. Mr. Beaglehole did not say he had forgotten the words. As to the concen trates contract, all the directors felt that the Jews had stolen n march on them. Mr. Howe was dissatisfied with what had been done hi his absence, and had severely criticised, the action of the other directors. The question of an extra quantity of con centrates was the mine that morning, and the directors felt they were being "had." It was in consequence of a communication made to Captain Phillips that. Schmidt got more than- his 300 tons a week. He would not that Mr. Howe struck the plaintiff with his fist. William Blnnt, mining manager, of Broken Hill, said he was standing outside the smoking-room of the Freemasons' Hotel onr the evening of November 19. The window was open, and he heard Mr. Howe call the plaintiff "a. cur" and "a sneak." Mr. Beagtehole isaid he would haverhim arrested, and then Mr. Howe rushed forward and "knocked Mr Beacle hole out in one act." Mr. Beaglehole fell over the chair, and held up his hands and said, *;Oh, oh, oh," and then the servants came m-and earned him out. When Mr. Howe struck "the plaintiS witness called out to him from the 'window. - The examination in chief of- the witness -had been concluded, when the court ad journed till next day at 10-o'clock.