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A Broken Jaw.

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A Broken Jaw. HAY WOUNDING CHARGE. ACCUSED SENT FOR TRIAL. At Hay, before Mr J. Williams Vaughan (chair- man), Capt. Graystone, Rev. J. J. de Winton, Mr E. Butler, Mr Enoch George and Mr J. Morgan, on Monday, Alexander Henderson, Montpellier House, Broad street, Hay, was charged with un- lawfully and maliciously wounding Albert John Wheeler, 23, Castle street, Hay, builder's labour- er, at Hay on August 9th. Mr W. Jones-Williams (solicitor, Brecon) pro- secuted on behalf of the police, and Mr E. Powell Careless (solicitor, Llandrindod Wells) defended. Complainant, who is 21 years of age, said he was working for Mr Lewis, his employer, on the .late mentioned when, between 3 and 4 o'clock in the afternoon, a bout 9 children, of ages varying up to 10 years, came into the yard. Some climbed on to the wall there, whilst others played with sand underneath the wall. He was 8 yards away from them and, because he was afraid the stones would fall on the smaller children, he ordered them away, but thev would no go. Therefore, lie took up the toy engine the children were playing with, which was full of sand, and put it down in front of the gate rather hard. He did not throw it. up Broad street, and then proceeded with his work. Accused, a few minutes later, came down on a on to the wall there, whilst others plaeyd with bicycle and entered the yard. He asked complain- ant, "Are you the man who broke the engine'? Complainant replied that he took the engine and put it by the gate. In doing so, it accidentally got I)roken. There was no further conversation. Ac- cused then struck him in the face with his fist twice in succession. Complainant thought he was struck on the right. side of the face first of all. He became dazed for, before he had time to recover from the first blow, he received a second. Con- sequently, he had no time to retaliate. He might when he came to himself, have struck defendant, and could not state whether he-received only two blows. His mouth was full of blood. Complain- ant saw his employer enter the yard, as he was trving to ward off accused's blows, who held up a shovel and threatened defendant. He did not hear any conversation betweten Mr Lewis and the ac- cused. There was no one in the yard w-hen the affair occurred, but, when he 'left the yard, he saw Mrs Williams in her garden. Mr Lewis took him home, and Dr. Sheppard was called in. Subse- quently, lie was conveyed to Brecon Infirmary. Cross-examined He was in the yard quite alone when defendant came in. The child might have gone away crying. He had sinee learned that the child was the accused's boy. He had offered him compensation for the injury he had sustain- ed., The police came to him and he knew that he could have taken proceedings, but did not. He had not told anyone that the police had requested him not to take money in settlement until after the case had been heard. Defendant was in a passion when he entered the yard. He did not say he was not the man who broke the engine, but told ac- cused that the children would not go out of the yard. He did not know that defendant had a mark on bis- face, but he (complainant) might have struck him. He knew that he had been to see his father with regard to settling the matter by compensation. He would accept a proper am- ount, if offered. By Mr. W. Jones-Williams His condition was such in the infirmary that he could not interview anyone. He expected, as a result of that case, to receive compensation for his injuries. Mrs Williams, wife of Mr W. Williams, Ship house, Hay, was in their garden and, from the place where she was standing, could see the whole of Mr Lewis's yard. She saw complainant there making mortar, and children were tormenting him. She heard him ask the children to leave the yard several times. They went out but returned when complainant was getting water. Witness ob- served that the children had a toy playing with, but had 110 idea v it was. She did not see him take the toy to t '.e, but noticed the children run after it and pi., the gate back on it." Wit- ness saw accused go ink :e yard, but did not pay particular attention for she did not think there was going to be a row. She saw them in arms a few minutes later. The children made a noise and shouted that the men were fighting. She observed accused strike several blows on complainant, who warded him off with his hands. Witness also heard the sound of blows. She went down the garden and called- Mr Lewis, who was working at "The Lamb," a few yards down the road. Wm. Lewis, Roseville, Clifford, builder, stated he was working at the Lamb Inn. some 15 to 20 yards from his yard. He saw children looking in- to the yard, and, consequently, thought some- thing was wrong. He hurried up and observed ac- cused driving with all his force at complainant, whose mouth was bleeding. His teeth were also protruding, his jaw was hanging down, and he was in a state of collapse. Witness shouted to himâappealing to him to stop knocking com- plainant. He did not, however, wait for accused to stop, but picked up a shovel to prevent what he thought would be a case of murder. By doing that, he drew his attention from complainant, and, as he thought defendant was coming for him also, he went out into the street and called his man, who was working at the Lamb. He said, when the other man arrived on the scene, "I will fight every man on the ground." Wit- ness told him that lie would have to pay the peqplty of the law for what lie had done. Ac- cused answered that he did not care about the law, as he had plenty of money, and rattled what lie had in his pockets. Witness requested him to leave the yard several times before he did. Ac- cused was like a madman, but could not say that he was intoxicated. He told witness that, if it had'not been for his old pate, he would have treated him the same as complainant. This was the only thing he could say in accused's favour. Witness said lie was 70 years of age. He did not see complainant strike any blows, and did not natice an mark on accused's face when he left the yard. Complainant had been in his employ for six years. He was of an exceptionally quiet nature, and had a most mild temper. Dr. A. C. Ingle, house surgeon at Brecon In- firmary, stated he examined complainant when taken into the infirmary. He found his lower jaw had been broken in two places, one fracture be- ing on the right side in front of the eye tooth, and the other on-the left side at the angle of the jaw. Complainant underwent two operations, qnd splints were placed in his mouth. He was gradually recovering, and had been an inmate of the infirmary the whole time, having not yet been discharged. "The splints were still in his mouth, and he could not state whether the bone had united yet. Witness hoped his face would not be di s- figured. Complainant should not suffer any pain afterwards, but could not say whether his biting powers would be the same. He had only lost a tooth. Cross-examined Witness said complainant's teeth were not .very good. He had had experience of a broken jaw from a fist blow, and a jaw was often broken that way. The Defence. Mr E. Powell Careless, addressing the bench, said accused had lived in Hay for some time past, and was a man of a respectable character. He was a dentist, and carried on his profession in that town. The charge agtynst him was a serious one and the result of the case would be vital t<y the defendant. The issues involved, as far as he was concerned, were more than those of an ordin- ary man. If he were convicted, he was finished as far as his profession went. It might be asked why should he be considered more than anyone -else if he occupied a position a little better than some other men on a charge of that kind? Or, it might also be stated that he should know better, and ought to suffer the consequences. Those ar- guments simply applied to cases of criminality which were pre-meditated. Whatever might be the result of that case, the facts clearly showed that the offence was one in which the accused failed for a moment to exercise that great quality which most of them, from the highest to the low- 0 -1 A I est, failed to exercise, and that was sell-restraini. The toy which complainant broke was an exrv- sive one. He struck accused on the face, and, if Dr. Shepherd had been present, he would have proved it. He asked their worships to reduce the case to one of common assault, as he did not think it should go for trial. This case was the result of an unlucky blew of the accused when he. had lost self-control. He had already receiv- ed punishment by suspense since August 9th. He did not think there -was any need for him to call evidence, as it would only differ from what had already been stated in minor details. What his client had already suffered would be a lesson which he would remember all his life. The chairman, after a brief consultation, said the bench had considered the case, and came to the conclusion that there was no other way but to send this case for trial at the next Breconsbire Quarter Sessions.

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