MAORIS ON TRIAL

Auckland Star, Volume LXXV, Issue 181, 2 August 1944, Page 6

MAORIS ON TRIAL

ASSAULT ALLEGED

U.S. SAILOR'S INJURIES

Three Maoris, two of whom wore army uniform, stood trial before Mr. Justice Fair and a jury in the Supreme Court to-day on three charges arising out of an alleged assault on an American sailor in the city on May 3, 1944.

The accused, Harry Lingman and John Patara (Mr. E. O. Williams), and Waitai Haare (Mr. Sullivan) were charged that with intent to do grievous bodily harm to Jeremiah Lyons Magill they did him actual bodily harm. Alternative charges of assaulting Magill so as to cause actual bodily harm and common assault were also preferred against each accused. In outlining the case the Ci'own Prosecutor, Mr. V. R. Meredith, said it was alleged that Magill had been so seriously injured that accused might easily have been facing a charge of manslaughter. The sailor had received two broken ribs, and on being operated on it had been found that his spleen had been split. For four or five days the sailor had been in a critical condition. The circumstances, Mr. Meredith said, would reveal a disgraceful affair arising out of the purchase of liquor at a house in Grey's Avenue. The evidence of Magill, who had since gone overseas, would be read to the jury. Magill, who had been ashore on leave, had had a certain amount of lifluor, and while he had been sitting in a vacant section in Grey's Avenue with another American serviceman drinking beer, the accused Lingman and Haare had come along. Magill had been taken by the two accused to a house in Grey's Avenue where, it was alleged, Magill had purchased one bottle of wine for £1. Other wine had been bought later, and a dispute had arisen over the final purchase. Mr. Meredith said it would be shown that an altercation had taken place outside the premises. It was alleged that Magill had been knocked down twice by Lingman. While the sailor had been lying in great pain on the ground it was alleged that Lingman had "put in the Doot," and that Haare had kicked the serviceman on the body each time he screamed. There would also be evidence brought to show that Patara on one occasion had kicked the American. Later Magill had staggered away and called passing Americans, who had him removed to hospital. American's Evidence According to Magill's evidence, taken. prior to his departure from New Zealand, he went to the premises in Grey's Avenue in company with another American and the accused Lingman and Hoare. Patara was also present in the room. After detailing the transactions over the purchase of three or four bottles of wine consumed by seven persons, Magill's evidence was to the effect that he was knocked down twice when he left the house. He also said he was kicked on the left side and back by the three accused. The evidence of a surgeon, formerly of a United States naval hospital, was also read. This indicated that Magill was admitted to hospital suffering from lacerations and contusions on the face and fractured ribs. On May 11 the sailor underwent an operation to stop bleeding, and his spleen had to be removed. Magill's injuries, which were consistent with having been caused by a blunt instrument, were of a very serious nature, and his condition for three or four days was critical. (Proceeding)