A LAW DEFENCE THAT FAILED.

Dominion, Volume 2, Issue 431, 13 February 1909, Page 3

A LAW DEFENCE THAT FAILED.

~ '• '. ;(bi lELEOEArn—puF.ss.7AssociATio"N.)j: ;, ; V ~. _ : > '": ;; - -- ; Auckland !Fe6ruary ; ; 12. M .;. George committed recently .from the lower Court onfa :charge'> pf-jhaving, 'at(Devonport; on-.Decomber 14' last, , , attempted'■ te;murder Ms brother-in-law}' George 'Bar-, rett,; : by stabbing -him. : : in; the neck with, a: - sharp instrument, ;Tvas : tried this, morning at; the Supreme- Court.: .An l alternative .charge: ■of having caused actual and grievbus bodily harm was also' preferred,- 'andV'M'Gurk'i Mo : , was undefended,; pleaded- not guilty: to : . both'. ■counts.S; ■■ '■ -■'■■'..■ : '..■.-, ■ : ':-' ; :\).< ■ ■■ •.,: :■!:'."".;,:■■'. ■■'■■'Mr.: J-. A. Tole,-Crown 'Prosecutor,' 1 out-' lined, the 1 facts briefly.' .- They'- ,were :that. M'Gurk, after an : absenee from' thehouse ofBarrett,.where he had previously'stayed for' some time, returned on night jnVque"s-' ;tion'about.B.3.o. He made^some inquiries from his sister; who answered'his knock, and ■then;..-, 'went away, .and -returned about 10 o'clock, demanding admission, - arid, ■ creating some disturbance, Barrett ordered 'him put ofthe house. ..;' M'Gurk '/then suddenly struck Barrett in the neck, apparently with.a,knife, , 'and made off. Barrett attempted to follow, but, through .loss ,of Wood,' collapsed; and when Dr.- Guinness arrived he was in a 'dangerous /state, ~_tho wound just missing. fatal consequences,'in the .doctor's opinion. After evidence,.M'Gurk was asked if,he had any evidence to , call .or had anything .to say.' "No," replied.M'Gurk.. ;"I jiist'wish tb'.say' that; my word* is as good ■as Barrett's.-.' I never stabbid him. VI hit him" with '.a handbag. One man's word is as Vgoo'd'-I as van-' .other's, -and the prisoner,, :X.believe,/-las' 'generally the benefit-of the d0ubt.";.*.,.,:■..'.; The"Judge: Yes, if. there is.any;,but;. un- : fortunately, there does' not: seem to be "any. ,in this case. ;.'-■■ ■; : ,-..■' . '■:;.;:; ; : :_;;'( ' :"i\ly word;.is" as..good as .Barrett'e 'any' , 'dayi'.'-.w'as all /that M'Gurk: answered '.to !this.'- ' .' After a. short retirement' the jury; returned ' a verdict of .'guilty on the second count... : •