| − | Alexander Holland, bar tender, Avenue hotel:- I was working on the 8th instant; my hours are from 7 a.m. to 7 p.m. I know the accused; he was working in the Avenue hotel as a servant; on the 8th instant I saw him there cleaning up in the bar that day; he had been working for the hotel for about six weeks previous to then; on that morning he became saucy in delivering an order, and I told him to so,out from behind the bar and I would give him his money and I would let him go; I pushed him outside the bar and told him to wait there till I got through with an order and I would give him his money; he did not resist me; I turned to Mr. Richardson and asked him if he would deliver the order which I had filled; he said he would; I turned to the register, took out a $6 bill and two silver half dollars, laid it on the corner of the bar near where the accused was standing and told him there was his money. He said no, that he wanted more money; he wanted pay for the work done that Thursday morning; his week was up on Wednesday; he was hired by the week at $5.50. but there was 50c due him from the previous week; I said that sooner than have any trouble I would give him a half dollar; I turned to the register and opened it and took out a half dollar; just as I was turning around with the money in my hand he struck me with an empty quart bottle, Seagram, 83, he struck me on the left side of my face and the bottle flew to pieces; he split open my forehead and cheek with the blow; all that remained in his hand after the blow was the neck of the bottle (Exhibit 'A'); we were both behind the bar at
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