SUPREME COURT.

Dominion, Volume 2, Issue 426, 8 February 1909, Page 6

SUPREME COURT.

CRIMINAL. SESSIONS./,:; .ARUSSIAN AOT AMANCHIJIIIAN: • "KNEW EACH OTHER IN WAR TIME." .THE STORY OF AN UGM ; SCENE; ;■'' , The hearing of the Haining Street;case was continued on Saturday. The' accused/ John Pechugin and Stephen Ferdinand Nickelseh, were charged .with, having, on November 28,/: assaulted; Joe Kee with intent to do grievous bodily, harm, the,assault.causing him actual bodily, harm. '-■ Mr. Wilford appeared on -behalf of;. Pechugin and Mr. -Hindma'rsh' for Nickelsen.; \ : .-• .- The case for the Crown was that prisoners uninvited.entered the supper-room in the boarding establishment / of. Nan - "hong in Haining Street.. When Joe Kee, .at the re--quest of, Nan : Chong, tried, to/-shut them out, Nickelsen, struck him ; across the head 'with a. bottle, and Pechugin subsequently inflicted a severe knife wound on the back of his ear; : Constable Cumiriings (re-called) 'stated that; in the report which he submitted to his sup-, erior officers, immediately, after . the. occurrence, ,he mentioned that he had. heard Pechugin.say, "I have done, for him;",.. -■ /'r The "foreman of the jury:'We- would like to know if any knife or weapon was found on either of the prisoners?.' .->; : ///:.. '.-'■■■••: /,/ His Honour:. No : :evidence'i't6 : ;that;.effebt; has^een-given.,; '\--\-. / ",/' l , : ,:.; ;; Whythe Men Went to Haining Street/ Forthe defence,' Pechugin; one of the pri-soners;-'stated >that he was; sr -Russian.-', He 1 had worked at. Cable's' foundry/for • eighteen months. .Prior -to : the 'he; became acquainted .with a /Chinaman/.who/ had;before. coming to-New Zealand resided in Manchuria,wheje he (prisoner) spent some, time during-the,Russo-Japanese:'war.-' J , Onv.the night -inquestion ,he, ; and r Nickelsen went t-o Haining Street to; see this Chinaman. ,;/TJppn going to the wrong' house they we're "directed -to the one in which theChinamanrlived.' There the door was opened,-by; prosecutor,, who took .off his,coat and used bad language-to:them".v,:He (prisoner) had in his a square gin bottle .full of; beer/and .a": leg of mutton: belonging to .'Nickelsen. ,:/Several '.Chinamen armedwith" bamboosticks then appeared ori the scene. First of all they attacked Nickelsen, who called'out.'for theipolice. Then'he' (Pechugin) was caught by the throat. -When he. gained 'his ;freedoih he'-crawled towards the : gate, where two'/Chinamen/ had taken up positions.';Nickelsen said;:/''We to. get-out alive." "At .this, stage.the -police appeared on' 1 the scene,, arid th'ey.Vexplained. to them; what had happened.;; He denied having said: "I did for.him.": -As far'as.he knew, Nickelsen never■ struck- Joe, Kee with a bottle. It .was untrue that he, (prisoner) had,used a: knife on prosecutor.'.;;/,' ; -.'-'"- •■",-''■•.,.•' : . ... ' ' ■; : To Mr. Myers: Before/going: to 'Hainidg Street they_ bad a couple of;,driiiks...:Their orily object;in going- there; was/to:have:a-yarn with the Chinaman : who cairie .from' Manchuria.: ■' ;:;;v'•■,, ."V : Gavjn Campbell, a'foreman'in theeinplOT. of' Messrs. John M'Leari and Co.. and/W.H. Jensen, under; whom:Nickelsen'-,had-,worked,'- ! stated that they.had'found -:him.-'to'.be/-hard-working and/of .sober -habits;, ;.;,Henfy,.P:Little, a foreman .in, the employ-of: Cable and Co., asserted 'thiat''vPechiig)ix;-..wa's-.';-a'.:'quieb ) '' industrious'workman;. -;- v J' /;;•-.:; ■/The/Two White Men Beset bV Chinese/-/ 1 V-Nickelsen,.:the other prisoner, stated 'that Pechugin.asked him to go/and'seethe Chinaman from Manchuria, who, .-he/.stated, was a Socialist. 'When'they Called-'at-a'house'in Having Street:they weretoldVthatno Chinaman from Manchuria-lived'there; but that they, should try. rioxt door'./ Upon visiting the next house they found'-the front' door/closed but the back-door-partially, open. When they lnquged'rfor the Chinaman.from Manchuria;, Joe Kee ordered them',-to go away. Prisoner-said'!to-'him/'thiit,.as-;he had asked'a'-civil' question, he ;should : be/given: a'civil answer.' then-became.;yery ; excitedi-a'ndfroin thirteen .to:-twenty other:'Ohiii'ameri. rushed; at;;him.-.:-.;.Everyo'ne of-/them/seemed :to'be, .armed wrthvspme-,weapon,; , When ! Be called-:QUt;;-«PoliceH' i«JMurderl'-'"and-"Help !"-the thmese idesisted -frorii-assaulting-'Kim'.; He'' :sustaraed-.a,'heavy cut-'a'qrosß-the'nose arid a bad ;bla'ck-; l eye.; By v olimbihg:;a fence 'he* made good'his escaped '/,' .'.vo ■>•:;■:.".'." •.-:.• To/Mr/ Myers: Hewas /never -m the house at:.any_time. .'His theory was that Joe Kee" was injured' byr fellow-countrymen, who-.mis- 1 took him.'fpr./Peqhugin -in' the : dark> as' both had white trousers/ on.:-The reason'why he asked.for the; Chinaman was that. he- spoke; better .English than : Pechugin; ] . Have you two talked over the affair ?—Yes, .a few times.-.-'-,'..'/;.; .>"..-. y-:y\..i< : ;.. '~.'.; ' . ■•'. • / _ His Honour,:" The Chinamen "stoutly denied naving. discussed.the matter.-(Laughter.). Mr.. Myers.: There would be'rio : harrii- if .such- were; the case, y-;-' ,- : : .;'.•-":■.-.'■ ■'■ ':■ "{"> '; ffis^.Honour: Of course,not,-,;; //,■ : ':■'. ''.'y /-. y His; Honours Comments, y / / /1 ■:: ; BK;Honoury:ln/summing ; ;up,/referred at length_;to; v the evidence •given- by- Nonstable' I .Cummings;,-; InJ.the:: course/ofj. his .evidence m .the; Supreme .Court the; constable had/ ho said,- made-two important statements'/which he. omitted -to make when tendering his evidence on . the ; occasion,-of -'the' proceedings in the Magistrate's ..Court. /./These:.", /were as follow: (1) That Joe Kee told.him'/ in Pechugin a that Pechugin'. had'• knifed nim. at the back of, the ear, ; an"d Peohugin said, nothing in reply, and (2) That he' heard Pechugin ( say_ thathe.had f'done for;the—-.' "T~~; :'This matter is," said his Honour, .unfortunate, *to'say-the, least, Vlt'.is the duty of a .constable' when a .crime is alleged to,,'have-, taken- place, as.possibe 'with/ears.open and mouth-shut'-pne^learned Judge .has put-it) "what -is said to him by. persons, who could throw light ;pn ; is I called to give, his evidence he must do so i ma fair and,'proper, .way. / The; constable in I question ,has/been"guilty-.of Vgross careless- ! ness, and it ,is • his -own/ fault if his evidence" ,is looked uppn with, suspicion.:""! must point' °" -1 j a *L ;t^6 '- matt «s which, .the .'constable omitted to.mention in the: Lower Court are matters,which are.of the essence of:the case. 1. do. not ;suggest".that; the'. Nonstable has" manufactured the additional evidence for the purpose .of,strengthening: the.-case for- the prosecution, but '-hehasorily himself, to thank: foiv the position in which 'he now finds -himself.: It is, as .-I. have said, the duty'of- a i constable when-a.case is brought before a magistrate not,- to/keep; anything -back which will, assist; the /magistrate.:.:/iri .'determining whether.: the accused :Sho'uld : /be"';committed for trial or ■ nqt.,: .The, /evidence /of: - Constable Cummings; in this, case is; certainly ; open to very.-severe criticism,, and the.jury must'con-' sider, it_ very/closely .'in connection/ with the other .circumstances of the. case;"' . The jury, which retired, atvl.fi .p.m.-, returned at-2.25' with a verdict of ,' : ' not guilty;" and. the 'prisoners. ;were"discharged.'■'„•" ./-The Court/then adjourned.until this'"morn■™g-'. ,y- -.:./-.:,:'. /'-/'.■.; =' ; - :::"''.' :"', ■•'■/.