SUPREME COURT.

Press, Volume LIII, Issue 9344, 19 February 1896, Page 3

SUPREME COURT.

CRIMINAL SESSION. Tuesday, Fkb-Caiu* 18. (Before his Honour Mc Justice Denotston). The Criminal _e*sioa re opened at 10 a.m. Mr Stringer appeared to prosecute on behalf of the Crown. ASSAULT. The c.\se of R»gm_ v Arthur D*-&inz\ for assault on K. D. Thomas, was resumed. Mr Ru3sell called the accused. Arthur Deßenzi deposed that on December 19th, h*viug heard that Mr Thorn_* had made certain impuUtious as to his private character at **. meeting oi the Hospital Hoard, asked to get Mr Thomas to come to Mr Hann-u _ office for tbe purpose of re-pefHi-i* -Jiese statements before h legal gentleman un-i two witnesses. Witues3 sent his j-vojm to tell Browu to go to Mr Uarmau's "tiica and bring some one else with haii. lie had never spoken to Brown as to what he was wanted for. When Mr Thomas came in he looked round and witness said, " I wish tv speak to you, Mr Thomas. _it down, please." Mr Thouias looked towards witness, and said, "is this Hospital business." Wituess replied " No, Mr Thomas, it is a matter cjueeniin-- my private character." Mr Thorn*-* then sab down on a chair on which Mr Brown had been aitting. Witness sr.id, '* I understand that at the Hospital Board meeting yesterday yon made some remarks inaligaing my private character." Mr Thomas tueu rose from his chair, and said, •' Mr Hat man, I decline to discuss H'ospit-1 business here, and wish to leave your otiicc." Witness said, "It is not Hospital business about which I wish to speak to you. It is entirely about my personal character, l'lease be seated a moment." Mr Thomas theu sac down, aud witness said, " I understand that you said yesterday that I should have been prosecuted before I left; the Hospital. Did you say so 1" Mr Thomas did not reply. Wituess then said, *• I want mi answer. Yes or uo ? " Mr Thomas turned round and sprang from his chair. Witness thought Mr Thomas was going to strike him, aud stepped forward aud struck him. Before that he had not the slightest intention of touching Mr Thomas. His only object throughout was either to get a deuial from Mr Thoma3 oi- to have him repeat the remarks before witnesses, so as to enable witness to bring an action. Wituess did not interfere in any way with Mr Thomas leaving the room. Mr Thomas might have done so at any time duriug the interview had he chosen. Wituess did not pull up his sleeves, measure his distauce, or follow Mr Thomas across the room to strike him. Witness did not hear Mr Thomas appeal to Mr Hat man. Mr Thomas did uot say before he was struck that he was iv bad health. After Mr Thomas was struck lie said something about his heart being affected. After the blow was struck nothing was done by witness to preveut; Mr Thomas leaviug the office. Witness did not attempt to strike another blow. Before the blow was struck, witness was quite cool and collected, though he was very indignant. Mr Thomas was not cool, and addressed wituess in a most offensive manner.

In cross-examination by Mr StriDger, the wituess said Brown and himself were Jriends, but not very great friends. The message sent to Brown was to come to witness a signature. Witness had got pens and paper for the purpose of taking down auy deuial, or anything that Mr Tnomas said. As he thought it was highly probable Mr Thomas would not write it, he thought it necessary to have independent witnesses. Mr Harman knew nothing about the purpose for which witness had iuvited Mr Thomas to his office. Mr Thomas did not make for the door when he first rose from his chair. When he rose the second timo witness thought Mr Thomas waa goiog to strike bim, aud took the attitude Mr Thomas took up to be a pugilistic one. Nothing was said by witness when he struck Mr Thomas. Afterwards he said to Mr Thomas that Mr Harman knew nothing whateve- of the matter, and that witness was the only one concerned. Witness made this remark as he thought it was due to Mr Harman to explain to Mr Thomas Mr Harman's real position in the matter. Witness did not remember saying to Mr Thomas ** _"ou coward," nor did he say " You have got somethiug to remember mc by." Wituess did not attempt to Btrike Mr Thomas a second time.

This closed the evidence for the defence. Mr Stringer noyv proposed to call Mr Harman.

After some argument the witness was called.

Thomas Deßenzi Harman deposed generally to the same effect as in the lower Court. After describing the events just prior to the blow, witness went on to say that Mr Thomas was going towards the door, when accused stepped in front of him and said, " Wait a moment, Mr Thomas, I wish to ask you whether you did or did not make statements at the Hospital affecting my private character ?" Mr Thomas was then sitting down. Wheu accused said, *' Wait a minute," Mr Thomas walked back to his seat and sat down. Mr Thomas, after the remark, then jumped up quickly" from his seat and walked towards a gap where he would have had to go to get out. The next thing that happened was that the two of them came stumbling back towards witness* desk. Witness jumped out of his chair as quickly as possible, caught hold of the accused and pulled him off. Mr Thomas then went rouud the back of witness' chair to the desk, and while he was leaning oyer the "desk he made some remarks about his health ; that he was not able to stand that sort of thing. Witness was quite certain these remarks were made after the blow was struck. When accused made the first remark about the Hospital Mr Thomas Btood up and asked to leave the office. He then wen!) towards the door. Everything took place very quickly. Mr Stringer proposed to ask Mr Harman whether it was not a f&ct that at the time the blow was struck Mr Thomas was endeavouring to leave the room. His Honour thought that was sufficiently made clear by the evidence, and there waa, therefore, no necessity to press Mr Harman on the point. Examination continued—Mr Thomas got up quickly from hia chair and went towards the door. He did nob see whether Mr Thomas was "shaping" towards accused.

In cross-examiuation by Mr Russell, the witness said that practically the getting up of Mr Thomas and the blow were simultaneous or nearly so. Mr Thomas could, he thought, have gone out if he desired. Witness had not the slightest idea that blows would follow, and expected that the whole matter would be over in a minute or two. When Mr Thomas expressed a wish to go out, the accused stepped in front of him and said " Wait a moment, Mr Thomas." Mr Thomas, witness thought, could have got through. His Honour pointed out that the question was not whether Mr Thomas could squeeze through, but whether morally or physically Mr Thomas's intention to leave the room waa -frustrated by the astion and words of the accused.

The witness said that he understood from what accused said to Mr Thomas tbat he intended to have an answer to bis question before Mr Thomas left the office. Mr Thomas may have looked as if he intended to strike accused.

Mr Stringer said he proposed to call Mr Aahby, who took the depositions in the lower Court, to show what the witness Brown said in the lower Court.

A. G. Ashby, cleik in the S.M. Court, Christchurch, deposed to taking the depositions in the present case before the S.M. The depositions now produced correctly represented what Brown stated in the Court below. Witness saw there the following passage :—"I was not between Mr Thomas and the door. I did not oppose his exit. As Mr Thomas was leaving the room Dr. jL-eßenzi jumped in front of him. Mr Thomas did not speak four words." This closed the case. Mr Russell addressed the jury for the defence. Mr Stringer replied. His Honour summed up, aud said that there were only two questions which tbe jury had to consider. These were—(l) Did the accused assault Mr Thomas ? (2) Did the result of the assault produce actual bodily harm ? His Honour read the salient points of the evidence, and commented upon tbem to the jury. The jury retired at 12.49 to consider their /erdict.

At 1.39 p.*n. the jury returned into Court with a verdict of "Guilty of a common assault."

Hia Honour said that the proseoutor in this casi was a pub lie officer, and it waa in discharge of his public duties that the attack was made. Tho accused had made au application for an appointment in connection with the institution with which the prosecutor was connected, and it was the duty of the prosecutor to slate any circumstances which, in hia opinion, existed with regard to the accused. Assuming that what was said by tbe prosecutor on the occasiou was said maliciously, then the accused had a legal and propsr remedy. The accused, by false pretences, entrapped the prosecutor iuto the office in which the assault was committed. He (his Honour) had already expressed his opinion to the jury that such au action was most improper and unjustifiable. What was the object ot' bringing prosecutor to that meeting? It was said that it was to get the prosecutor to repeat, or withdraw the statements alleged to have been made by him. It was absurd to think that any intelligent mau would make auy admissions or statements at such a mooting, into which he had been trepanned. He (hia Honour) was satisfied that the interview was pianued with the intention of coercing the prosecutor into withdrawal of statements, aud it was open to considerable doubt whether there was not au intention of punishing him physically if the explanation waa uot satisfactory. It was quite clear that the prosecutor desired atouce to escape from the place he had been brought into. He (his Honour) was perfectly satisfied that the proseoutor was prevented from leaving; that was, that he was under duress, aud unable to carry out his intention of escaping. Be was satisfied that MiThomas had declined the discussion of Hospital matters, as he might have be.n expected to do. The story for the defence that the accused believed that Mr Thomas intended violence to him was an absurd story. The defence was a discreditable defence, and iv the case of the witness Brown was endeavoured to be supported by deliberate perjury. The blow was struck without provocation, and without the shadow of a provocation. The assault itself was a premeditated and cowardly outrago on a public mau in the carrying out of his public duties. It was not a case whioh iv his opinion could be met with a fine, and he I should sentence the accused to one month's imprisonment. As the accused was a medical man the sentence would be without hard labour. ASSAULT. Samuel M&ir was indicted for having on the 2nd January, at Addington, assaulted oue Wm. Johnston, so as to cause bodily harm. The accused, for whom Mr Weston appeared, pleaded "Not guilty." The case lor the Orovvn was that on the date meutioned in the indictment the prosecutor and his brother were in Poulson street, Addington, on their way to the Police Station to give information as to some disturbance in the neighbourhood. As they were going along the street some person passed them, turned round, and hit Johnston in the face with some weapon causing serious bodily harm to him. There was no doubt as to the accused beiug the person who struck Johnston, and when arrested he stated that he had hit him because Johnston had been throwing atones at him. The parties were next, door neighbours, and bad feeling evidently existed between them. Mr Stringer opened the case to the jury and called evidence. The witnesses called were Dr. Moorhouse, Messrs Wm. Johnston, J. Johnston and Constable McGill. Mr Weston opened the case for the defence and stated that he would show that there had beeu considerable annoyances for a long time past, and that the prosecutor and his brother bad it in their minds to attack the accused. He would also show that just prior to the evening of the assault stones were thrown at the house of the accused. Oa the night of the assault the Johnstons oame out of their gate when he was in the street, and having said that they had now got him, threw stones at him. He, in selfdefence, used the whip he had with him. Samuel Mair (the accused) and a large number of other witnesses were examined to show the bad feeling existing between : the parties and the good character of the accused. I Mr Weston addressed the jury. After a lengthened retirement, the jury j returned a verdict of " Not guilty." j FALSE PRETENCES. J. Richards and J. E. Friend were iudieted for having on 21st January obtained certain building materials from Robert Struthers and others by fraud. The prisoners, who were undefended, pleaded " Not guilty." The case for the Crown was that the accused represented that they were going to start a refrigerating and butter-box factory, and upon this representation obtained goods, kc, from Messrs Mason, Struthers and Co. and other persona, which they afterwarda sold. Evidence was led by Mr Stringer on tha part of the Crown. Both accuaed gave evidenoe on their own behalf. Friend stated that he sold the iron because he wanted money. The jury, after an absence, of an hour and a half, returned into Court with a verdict of " Guilty" against both prisoners, with a recommendation to meroy on behalf of Frieud. A previous conviction was proved aa against Richards in Auckland in 1881 for forgery three years' hard labour. His Honour sentenced the accused Richards to six months' imprisonment, treating the matter as a first offence, the former conviotion being fourteen yeara old, and the accused having borne a good oharaoter since. As regarded Frieud a aentenoe of three months waa imposed. I SE**TE**o_. William Bright, who had been found guilty of being unlawfully on the premises of the Metropolitan Temperance Hotel with intent to commit a felony, came up for sentence. Hia Honour sentenced the accuaed to three months'imprisonment. The Court, at 7 p.m., adjourned to 10 a m. to-day. EDITORIAL FARM NOTES. ' " Weekly Press and Referee.". BIOLOGY AND POMOLOGY. We have before us the last published report of this department, presided over by Mr Kirk. The report deals with a large and varied list of subjects of interest to orchardists, gardeners and farmers, fungoid pests, their introduction and the Bills promulgated for their destruction, in New South Wales, Western Australia, Victoria, South Australia, Tasmania and Queensland. Mr Kirk points out that while most countries are taking steps to prevent the future spread of plant diseases and pests, New Zealand is doing absolutely nothing, due almost entirely to the want of unanimity on the part of the fruit-growers themselves. This statcof inaction is much to be regretted, as meanwhile diseases and pests are spreading all over the colony. Speaking of weed- Mr Kirk also remarks that nearly all our weeds are imported, showing that agricultural seeds are the principal source whenever farm lands receive infection. This was more true in the past than it is at present, for the reason that we now have not only the whole of the weeds of British agriculture, but many from the Continent of Europe and America as wellThese are from year to year being spread •broadcast over the farm and pasture lands of the colony. This evil may be largely counteracted by the constant use of the cleansing machines which have now been brought to great perfection. There are those, who from various causes will have cheap.seed, although in reality, such is very much dearer in the long run. Mr Kirk instances a case which came under his notice: it was a lot of colonial-grown ryegrass seed, consisting of eighty-seven bags, offered on the market, was so foul as to be absolutely unsaleable; it was, therefore, determined to have the whole quantity put through a cleaningmachine, which reduced the eighty-seven bags to twenty of pure seed. The principal impurities were dock, sorrel, thistle, goose*

grass, burr-clover, Yorkshire fog, &c. The necessity for a Noxious Weeds' Act is quite as urgent as that for the prevention of the spread of noxiou9 insects. There is now no excuse for dirty seeds being sold seeing that our seed merchants havo brought their clover and seed cleaning machines to such perfection aa to be able to produce absolutely pure seeda from the foulest samples. Tlie pamphlet before us is illustrated with the following plates viz., ox-eye daisy, one of our worst pasture weeds ; Californian stink-weed, clover burr, Bathurst burr, spreading in the North Island and intensely detrimental to wool,* yellow star thistle, spreading in out farm lands, a proscribed weed in Victoria ; variegated thistle, very common in the North Island : it is said that this plant with its large succulent leaves is well adapted for making silage and is much relished by stock; Californian thistle—this pernicious weed is gradually finding its way into all parts of the colony and if not taken in hand will ultimately become as great a plague as it was in Southern Tasmania. Prickly poppy—a yellow Mexican poppy. This poppy is said to be poisonous to stock, as yet it is not plentiful in New Zealand, being an annual it is easily got rid of if taken in time, but like all other plants of the same tribe it produces seed freely, and would therefore soon become a troublesome pest. | AUXILIARY AXD COMMERCIAL CROPS. Mr Kirk draws attention to the field [ which exists in this colony for the growth !of auxiliary crops, a subject we have ourselves alluded to from time to time. This country, he says, is admirably adapted for the growth of many plants yielding oils, drugs, ami other products of economic value, such as opium, castor oil, pea-nut oil, linseed, &c, for which largo sums are annually sent out of the colony. The growth of condimcntul and economic plants ia peculiarly adapted to holders of small areas where the work (which is always light) could bo done by the junior members of the family. DISEASE OF THE TOTATO. Not the least interesting, if not the pleasantcst, reading of the report is the references to diseases and pests of tho farm and orchard. Of late years the potato crop (which at one time was free from any form of disease or pest) has suffered from a fungus, especially in the North Island, named macrosponum solani. This fungus attacks the foliage. It first makes its appearance on tho older leaves in the form of smalj brown greyish-brown spots, which gradually spread and join, destroying the functions of the leaf, when the tubers cease to grow, and are of no commercial value. The treatment of this, like all other fungoid diseases, consists in preventive measures, such as spray ing. The moßt effective solution for suoh purposes is that known as Bordeaux Mixture, the composition of which we have previously given. TOTATO SCAB. This is 'a very generally distributed disease, and is said to indicate potatoes which will boil dry and mealy. Attacks are sometimes so severe as to render a large portion of the crop unmarketable. In such cases the scabs are often l-Bth of an inch in depth. Mr Kirk states that the fungus will live in the ground for several years. Experiments conducted at the State Agricultural College of Michigan have proved that scabby seed potatoes, however badly affected, treated as follows, will produce clean potatoes. Dissolve loz. of corrosive sublimate in 12gals. of cold water, and mix thoroughly. This liquid must be mixed and kept in a wooden vessel. The potato seed must be steeped for an hour and a half in the liquid, placed in a gunny bag or a basket, taking care not to put them in the old infected bags. It would be well if our potato growers would make a note of thest instructions, in order that they may know how to act if required. What has happened in the North Island may at any time make its appearance in the South. POTATO GRC*B. This pest has caused enormous losses from time to time in the potato crops of Tasmania and New South Wales. Unfortunately it is not a stranger to New Zealand, not only in the North but in the South as well, more particularly in the North.. We have Been it in Canterbury not long since, when it completely destroyed a large plot of potatoes. Potato growers should be on the lookout and see that all worm-eaten tubers are destroyed This pest ia figured in Mr Kirk's report, j SHOTHO-E -eUNCUS, ! So destructive some seasons to the folu age and fruit of the apricot and other stone fruits, is fully described and illustrated. Preventive measures are thf best. GRAIN OB CORN W__VIL. This destructive insect is capable of destroying large quantities of stored grain. Not long since they appeared in vast numbers in Timaru, when they totally destroyed large quantities of wheat. Those who store wheat should keep a sharp lookout for the pest. The following remedy has been found effective :—The granary should be made at airtight as possible. Bisulphide of carbon sprinkled over the corn or placed. on dishes on top of the corn, at the rate of lib to tht ton of grain; the bisulphide evaporaterapidly on exposure to the atmosphere, and as the fumes are heavy, they quickly sink through the grain, kilb'ng all the insectpresent. The cost of the chemical is ls pei lb. It must, however, be remembered thai the fumes of bisulphide of carbon are very explosive, so that no fire, not even a lighted cigar or pipe, should be allowed on the premises during the treatment of the grain. This is the only precaution necessary. FEEDIKO CALVES OK S_PA*-AT_D ______ We have from time to time drawn attention to the necessity for supplementing the milk as it came from the separator, especially when used for rearing calves. The simplest and easiest method of doing this is by the addition of linseed gruel.. Every dairy farmer should grow half an acre or an acre of European flax for the seed. A well prepared piece of Land free from weeds and in good heart, will produce from fifteen to twenty bushels of seed per acre. The seed ground into meal, or even steeped for forty-eight hours in water, produces a mucilage, one pint per day of which mixed with the separated milk will supply the whole of the nutriment extracted by the . separator. A quarter of a pound of the meal will suffice for each calf per day. Speaking to a runholder recently on the question of stock raising, he said that his experience of young stock reared on separated milk was that they rarely made thrifty animals. An expression of opinion from such an authority warrants us in drawing special attention to this matter. It must also be remembered that flax-seed used as above is a most excellent condiment for working horses and for dairy cattle,' and, indeed, stock of all kinds. The plant is easily grown. All that is required is that the land shall be free from weeds and of good quality.