GUILTY OF ASSAULT.

Auckland Star, Volume LVII, Issue 103, 5 May 1926, Page 17

GUILTY OF ASSAULT.

UNEXPECTED TURN TO TRIAL. ! I PROBATION FOR ACCUSED. • i i An unexpected turn was taken in the '• trial of John Joseph Ryan at the j Supreme Court yesterday afternoon j Tjefore Mr. Justice Stringer on a charge : of assault causing actually bodily harm, ■when the accused pleaded guilty after the case for the Crown had closed. Mr. Cahill appeared for the accused, end Mr. Meredith for the Crown. The facts of the case were that the accused and some other men were drink-, ing in an hotel at Otahuhu on January; 16. Two men, Cosgrove and Cormack, -srent outside to settle an argument, and the accused appeared on the scene and pushed Cormack in the face and caused him to fall and sustain a concussion. At the conclusion of the evidence \ for the Crown, Mr. Cahill intimated that he did not intend to call evidence, but that he would like to address the jury on the case. His Honor: That statement handed in hy the accused is an admission of the offence, and you can't address the jury just because you want to. Mr. Cahill: I would like to deal with the question of intent, sir. His Honor: Do you mean to say that a man can hit another in the face and suggest that there can be no intent ? He has admitted- the assault. i Mr. Cahill: I mean that there was no * intent to use force. His Honor: There is no doubt that the men were drunk, and. that Cormack would not have fallen down if he had been sober. • 3klr. Cahill' conferred with the accused and entered a plea, of guilty on the charge of common assault. > At his Honor's direction the jury returned a formal verdict of guilty on the common assault charge. Mr. Cahill said it was clear that all the men wers well fortified with drink. His Honor said he was satisfied that the accused only pushed Cormack' in the face, and did not strike him. He bore ••» good character, but he should cbmpenXeate Cormack. He understood that the • accused had -already agreed to pay Cor- j I mack something, and, taking everything . into consideration, he would admjt the j § accused Ito probation for six months : Bon the special condition that he paid >". 10/ per ; week-to Cormack during that. j period.. . I-. To Cormack: You were drunk /arid "troublesome, but Eyan had no right to . ■■jiush you over.