ROAD METAL USED IN SELFDEFENCE

Dominion, Volume 9, Issue 2615, 10 November 1915, Page 9

ROAD METAL USED IN SELFDEFENCE

FEMALE ACCUSED ACQUITTED His Honour Mr. Justice Chapman was again on tho bench yesterday when tho criminal sessions of tho Supreme Court wore continued. Mr. V. 11. Meredith, of the Crown Law OlEce, represented tho Crown. The first trial proceeded with was that in which a young married woman, named Margaret Dobson, was charged with assaulting Henrietta i'legeltaub, so as to cause her actual bodily harm, the charge being t'he outcomo of a disturbance which took place at the Star and Garter Hotel in Cuba Street oil July 23 last. Mr. H. I'\ O'Leary appeared for the accused, who pleaded not guilty. Dr. D. Lloyd Clay, who was the iirst witness for the prosecution, stated that lis was called to examine Mrs. Flegeltaub on tho evening of tho assult. lie considered her injury serious, and at once ordered hpr removal to tho Hospital, where feiie received attention by an eye specialist. Witness at that time was not certain whether Mrs. Flegeltaub would lose the sight of her eye or not. •

Henrietta Flegeltaub, proprietress of the Star and Garter Hotel, describing herself as a married woman with a husband and two children, gave evidenco as to the occurrences prior to her removal to tho Hospital on July 23. On two occasion's before that date the accused had called at the house with a complaint that her husband was living there with another woman and neglecting her (the accused) and her child. On July 23, when- witness saw the accused,' she (witness) said she was not prepared to tolerate further persecution. Accused thereupon struck witness with a stone, and witness remembered no more until she was. in tho ambulance on tho way to the Hospital. Witness's eyes were both weak as a result of tho injury she had received.

In cross-examination, the witness denied that sho had first struck the accused . because the accused had callod the place a brothel. Although the accused had been at tho place on two provious occasions, sho had not attempted to assault witness. No assistance iu the management of the house was given the witness by her husband, who was an invalid. Neither did the witness receive any particular assistance from the lodgers. Witness l never asked any questions of her lodgers, nor did she requiro them to produce marriage certificates.

Evidence for the prosecution was also tendered by Maud Calnahan, married woman, who had bpcn a lodger at tho Star and Garter Hotel, and who had been upbraided by the accused for allegedly "carrying on" with tho accused's husband; by Edward Brown, a seafaring man, who had also been a lodger at tho Star and Garter, and who had been a witness to tho assault; and by Constable Ryan, who arrested the accused, and who declared that she admitted having struck Mrs. Flegeltaub. Margaret Dobson, tho- accused, in giving evidenco in her defence, stated that sho was 22 years of ago, and a married woman, living apart from her husband. She had been married three yoars, and had one child, which had died since accused had been before tho Lowor Court. Witness had some time ago obtained a separation order against her husband, who had, however, failed to keep up po.ymoiits of maintenance. Hearing that her husband was living at tho Star and Garter Hotel with a Mrs. Calnahan, accused callcd there and saw Mrs. Flegeltaub, but received tio sympathy from tho latter. AVlieu accusod called at the Star and Garter nn tho evening of July 23, it was in the hope of finding her husband, and she took with her some road metal in order to attack' him. She was excitcd and worried at the time because hor child was dying. Her husband was liot to be found on • the premises, and accused was going out when she met Mrs. Flegoltaub, who had just returned home. Mrs. Flegeltaub asked accused to eomo into her room, as she (Mrs. Flegeltaub) desired to talk to her quietly. Accused went into the room with Mrs. Flegeltaub, and the latter closed the door and struck accused on tho side of tho face, saying: "Take that for calling my placo a' brothel I" Accused struck Mrs. Flegeltaub in return for the blow, and then left tho premises.

To Mr. Meredith: Accused had had a glass of stout on tlfe afternoon of the occurrence. 'ler face was bruised as the result of the blow she received from Mrs. Flegeltaub, but at the time of the arrest hho mado no statement to that effect to the. constable because she was asked nothing about it. This was tho only witness called for tho defence. Counsel on both.sides delivered addresses, and, after His Honour had summed up, the jury considered tho case for half an hour, returning with a verdict of not guilty. The foreman explained that the jury had form<ed the opinion that scoused, in striking Mrs. Flogeltaub, had acted in self-de-fence. The prisoner was discharged.

EIGHTEEN MONTHS' HARD LABOUR. His Honour Mr. Justice Edwards occupied the bench for the hearing of the eases, which followed. Frederick Georgo Thurston pleaded not guilty to a cliargc of assaulting Charles Edward Eotherani so as to cause him actual bodily harm. Mr. G. Samuel defended the prisoner.

Evidence for the prosecution showed that on September IS Thurston went to the Foresters' Arms Hotel about 8 o'clock in the evening, and on account of some disturbance, was ejected from the bar. Rothoram, who had been in the bar, but who had had nothing to do with the accused or with tho disturbance, left tho hotel shortly after. Thurston challenged Roiheram to fight, and, without giving the latter a fair opportunity of accepting the challenge, knocked him senseless with a 'concrete brick. Rotheram's injuries were serious, and required medical attention.

Mr. Samuel called no ovidonco for tho defence, but, in his address to the jury, he contended that the evidence of identification was not sufficiently clear to warrant a conviction. After a brief retirement, tho jury returned with a verdict of guilty, and the prisoner, against whom there were previous convictions, was sentenced to IS months' imprisonment with hard labour.

ALLEGED. BURGLARY. A young man, named Patrick Mnvo, was (;Tiars;ed with breaking into the Commercial Hotel on the liiglit of September 24. He pleaded not guilty, and was defended by Mr. R. Kennedy.

The accused was found in a bedroom of the Commercial Hotel on the night of September 24. He admitted having entered by the window, but explained that lio was under the impression that: he was entering Young's Private JJotel, wliero lie alleged lio had been lodging.

The ease lm<l not concluded at 5.35 p.m. yesterday, when, at fclie suggestion of tiio Crown Prosecutor, tlio jury paid a visit, to Lambton Quay to view ino ground beliiml the Commercial Hotel nnd .bohind Young's Private Hotel. Hearliijj'of ovidweo will be roaumocl this moruins.