SELF-DEFENCE.

Auckland Star, Volume LXVIII, Issue 201, 25 August 1937, Page 12

SELF-DEFENCE.

FARMER ACQUITTED. MANSLAUGHTER CHARGE GRUESOME STORY TOLD. SYDNEY, August 20. The gruesome story of the slaying of James Campbell by a "Digger" friend and neighbour at Toongabbie was about to be detailed in the box for the fourth or fifth time at Parramatta Sessions when a juror rose and declared that the jury did not want to hear any more and was prepared to give its verdict forthwith. This meant that Robert Reginald Hardie, charged with the manslaughter of Campbell, was free to return to his normal life as a poultry farmer at Toongabbie, as the jury had accepted his defence that the blows which were responsible for Campbell's death were delivered in self-defence. Friendly Neighbour.

James Campbell, according to the evidence, was a big man, 17st in weight, who owned a pig farm at Toongabbie, near Hardie's property. He was quite a friendly neighbour most days of the week, but one day in seven he invariably returned from marketing in Parramatta with a skinful of liquor, and on those occasions fellow settlere, where possible, kept out of his way, for Campbell in his cups was a man feared and avoided. On March 25 last Hardie, seeing one of Campbell's heifers out 011 the roadway, thought he would tell his friend about- it, ae he had been having trouble over impounded cattle. He walked to Campbell's place, and after vain calls saw Campbell lying in Ms clothes across the bed, breathing stertorously in a drunken slumber. He had been to Parramatta that morning. When Hardie made himself heard, Campbell burst into violently abusive language and accused Hardie of letting the heifer out. Later in the afternoon Hardie, while cutting grass 011 his farm, saw the burly form of Campbell bearing down towards v - gate * Campbell was bellowing abusive language, his arms were extended, and in each hand he had a goodsized lump of rock. " "You can't come in here, Jim," cried Hardie, who felt in no fit condtion for a fight. He was suffering from chronic colic and dysentery—a legacy from the war; he was in his bare feet; and, mortover, Campbell, maddened with drink was about twice his build. ' f^on Scotch Mongrel."

"Can't l?" Soared Campbell. "Tve -T— come to clean yarn up, you Scotch mongrel." Mrs. Hardie, attracted to the scene by the noise Campbell was making, thus described his appearance: i "I heard a terrific roar and saw Campbell approaching the gate with two big stones in his hands. He was very red in the face, his eyes were bulging, and he was frothing at the mouth and swearing at my hieband." Campbell aimed his first stone at Hardie, who ducked in time to save his head, and a second stone narrowly missed Mrs. Hardie. Bursting through the gate, Campbell gripped Hardie by the ribs, and the latter, who had a sickle in his hand, struck Campbell on the head with the back of che tool. Fearing that Campbell might get possession of the sickle in the struggle, Mrs. Hardie wrenched it away. Checked a Bush. One of the men tripped, and Hardie snatching up the \lioe, checked a rush by striking Campbell on the head with it. Campbell picked up another stone and threw itV rushed Hardie again, and received a second blow with the hoe, which laid him out unconscious on the road, with blood streaming from his head. Arthur John Edwards, a neighbour, who heard Mrs, Hardie's screams and saw the final phase of the fight from his house 150 yards away, was asked by accused's counsel why he had not gone to the Hardies' assistance. "It appeared to me a little unwise to go down," h" 1 answered guardedly. "It seemed to be a family squabble and nothing to do with me." i Hardie was terribly upset when he j saw what he had done, and while his Wife ministered to the injured man, he ikn off to fetch an ambulance and tell the police. Campbell died about three months later, on June 13, in Lidcombe Hospital, without being able to give a coherent statement regarding his injuries. The case for the Crown had concluded and the accused was giving evidence on his own behalf when the jury made up its mind that the trial had gone far enough.;'