MAGISTRATE'S COURT

Dominion, Volume 12, Issue 73, 20 December 1918, Page 7

MAGISTRATE'S COURT

SERIOUS CHARGE OF ASSAULT MAN COMMITTED FOR TRIAL A charge of assaulting .Tolui Condon so as |o cause iiini actual bodily harm was preferred against Michael b'llrien before Mr. F. V. L'razra-, S.M., ai; the Magistrate's Court yesterday. Inspector Alni'snck, who conducted the. prosecution, stated Hint the case had Ik.ru mentioned previously, but: hml been adjourned owing to (ho eondilion of ('on-. (lon. In'outlining the case the Inspector said that on November 11 Condon, who was under the influence of liquor, in passing Mrs. O'Brien anil another woman, who were standing, outside O'liricn's house in Abel Smith Street, made use of some very objectionable .remarks.-O'Hrieii came nut of the house and struck Con.. <loa a severe blow, which felled him to (he ground,.nm! upon examination it was' found that, he had sustained a fractured skull. Jfe was removed to- the Hospital, where he was very ill, and later doveloped dementia. Medical opinion- was that the dementia was either aggravated ov precipitated by Hie assault. Two eye-witnesses gave evidence as In the assault, staling that; they saw the accused .strike Condon.. Constable [linns related that he was called to the scene and had Condon removed to the Hospital. He arrested (Hlrieii on November 13, and charged litm with the assault. Aledical evidence was given by Dr. D. Al'K. Piitersoii, bouse surgeon, Wellington Hosnil.nl, who stated that on admission to the institution Condon was suffering from severe concussion and complete unc-'onseiousness. On November 13 lie showed signs of regaining consciousness, but never made any rational statement. . Tn answer to-.Mr. H. .P. O'Leary, who represented the accused, witness said dementia following on a fractured skull was comparatively rare. When witness Baw Condon be could not smell alcohol. Mr. O'Leary said that, lie -was very much surprised at tlie police not calling the woman who was with Mrs, O'Brien when the alleged assault took place..Un-fortunately-Airs. O'Brien bad .succumbed to an ntlnck of influenza, but. counsel was Imdr.r the impression that the other woman would have been called to tell her story. Inspector Afarsack replied that he had obtained; a statement from the woman in question, which he could not believe, and he did not deem it necessary to call her. He. thought Air. O'Leary would have called the woman. ; Air. OJLcary then remarked that the, police seemed to pick and -choose, their ■witnesses as they - liked. His -Worship remarked that this was only a preliminary inquiry, and no doubt Hie woman would bo asked to givo evidence before the Supremo Court. . The accused pleaded not guilty, and was committed to 'the Supreme Court for trial. He was allowed a nominal bail of £W on condition that ho reported to the police daily. i ■ OTIJ.ER CASES. • On* remand Ernest Stevens appeared to answer, a. charge of theft of motor tools, valued at ,-EI ,7s. Cd., the property of William Afay. Evidence was given to the effect that .the accused endeavoured to dispose of the tools tn Alny, who had lost them. a week previously. He told Alay he had bought, them from another man. His Worship was satisfied that .the accused, who had a record, was guilty of theft. He. sentenced Stevens to 14 days', imprisonment. For' insobriety one first offender was convicted and fined 10s., and another was convicted and. .discharged. - , ■ CIVIL CASES. Judgment' for plaintiff by default was given by Air. W. G. Riddel'l, S.AL, in the case of J. Cotton and Son v. Ngarangi ■Rourangi, a claim for UilOG 17s. fid. Costs amounting to ,£G Gs. were also allowed.On a judgment summons A. Oxenham was ordered to pay.ls. Af. Alills and Co., Ltd., the sum of JCIS Os.lld. by January 14, 1(111), in default 14 days' "imprisonment. ■