Youth Committed For Trial On Two Assault Charges

Press, Volume CVIII, Issue 31781, 11 September 1968, Page 9

Youth Committed For Trial On Two Assault Charges

Stuart John Small, aged 18, a clerk (Mr J. G. Leggat), pleaded not guilty yesterday to charges that on July 6 he injured William Kenneth McFarlane in circumstances in which, if death had been caused, he would had been guily of manslaughter and of assaulting McFarlane. He was committed to the Supreme Court for trial after a Lower Court bearing before Messrs P. J. Byrne and R. H. Harris, Justices of the Peace. Small was allowed bail. Dr Colin Charles Skelton, a resident surgeon at Christchurch Hospital, said McFarlane was unable to speak as a result of the injury to his head. He answered simple questions with a thumbs up sign for “yes” or down for “no”. McFarlane was completely paralysed down the left side of the body and showed a mental retardation consistent with the standard of a child of seven or eight. McFarlane’s wound extended vertically above the ear. Two craniotomies were performed on McFarlane and though his neurological condition improved it deteriorated in the next few days. No further surgery was to be done and McFarlane, a former airman, had returned to his home in Nelson. David James Stewart Gray, the casualty officer at Christchurch Hospital, said McFarlane’s injury was consistent with his having been striick a blow with a heavy object. Bruce Abel, an aircraftman, said he had gone to a party at 6 Sylvan Street on July 6. During the night he was told to lock the only-entrance to the house and put the key in his pocket. About 11 p.m. he unlocked the door and stood back a couple of paces. None of a group standing m the hall made any effort to leave. He was smoking a cigarette and it fell on the floor. Small had said some thing to the effect that cigarettes at Wigram must be cheap if he could spit them out, and he agreed. Small then came over and they talked about cigarettes in general till somebody hit him in the face. He fell to the ground. Cross-examined, he said his bottom lip was insensitive as he had suffered injury while a passenger in a car accident at Wigram a short time before the date of the party. Joint Party

Gordon Thomas Bisphan, an aircraftman, said that on July 6 arrangements had been

made for himself and his sister to have a joint party to celebrate their birthdays at their home.

About 11 p.m. a group, including Small, was trying to get out of the door. Small had said somehing smart about spitting out cigarettes, to which Abel had replied “no,” and then Small struck Abel with his fist McFarlane had just arrived on the scene. Mr Bisphan said he had said if there was to be any fighting then it would be outside. “McFarlane then got hit with the bottle.” He had not seen who used the bottle but apart from himself Small was the closest to McFarlane. Later, in the street, Small had said he had not hit McFarlane with the bottle. Lee Notton, an airman, said he had attended the party and as a result of what he was told he went toward the entrance door. There he saw a group of people, and saw Small raise his right hand with the bottle in it and bring it down on McFarlane’s head. Small and his group had left, but returned some time later. Small had said he had not hit McFarlane to which he replied Small was lying. A scuffle took place and eventually a shotgun was taken from a wardrobe before they left “Considerable Violence”

Norman Patrick Alcorn, a Government anaylst, said the principal fracture of the beer bottle was on its side about 4|in from the bottom. The degree of shattering and the fact that glass splinters were driven into the porch wall showed the bottle broke with considerable violence. Detective Inspector M. T. Churches said he interviewed Small on July 7. In answer to his questions, Small said he had hit one person in the face as he was leaving. Initially he had been unable to remember what the fight was about, but later agreed there had been something about a cigarette*

Asked if he had hit anybody with a bottle he had at first denied doing so. However, after being told several youths had said the person involved in the punching episode and wearing the clothes he had been wearing had hit McFarlane on the head with the bottle, Small had hung his head and said, “I hit him,” Detective Inspector Churches said.

Small was then warned and asked why he had hit McFar-

lane. He replied there had been others coming down the hall and he had just picked up the bottle and hit him. \