GUILTY OF ASSAULT

Evening Star, Issue 19855, 2 May 1928, Page 3

GUILTY OF ASSAULT

THE MILTON AFFRAY HASSETT REMANDED FDR SENTENCE - The jury yesterday returned a, verdict of guilty against William Bassett on a charge of assaulting Charles Arthur Lloyd at Milton on April 15, so as to cause him actual bodily harm. There were four counts against Bassett. The first was of. attempting to murder Charles Arthur Lloyd. A second count charged the accused with having wounded Lloyd with intent to do him grievous bodily harm, a third with having assaulted' Lloyd so as to cause him actual bodily harm, and a fourth with having caused actual bodily harm to Lloyd under such i--- astances that if death had been caused ho would have been guilty of manslaughter. Mr F. B. Adams conducted the case for the Grown, and the accused, who pldaded not guilty, and was defended Mr C. J- L. White. The case for the Crown was presented yesterday morning, when it was alleged that accused stabbed Lloyu in the stomach outside Curran’s place, where Llovd was uniting for Miss M’Hardy. , ~ Further evidence tor the Crown was given in the afternoon. Dr Edgar described his examination of Lloyd** after the occurrence. There vcre (Hits on tbo clothing which mid evidently been pierced by a sharp instrument, and thcro wa-s blood on the underclothing. .Witness found a wound an inch long and two inches deep on the stomach. The wound in the stomach was not dangerous, hut was serious Lloyd was discharged from hospital on Saturday last. The wound did not go straight in. Mr Adams: “What would have happened had the knife gone straight in.” Witness; Death in twenty seconds. To Mr White: it was possible that Lloyd could have fallen on the knife and sustained the injury in that way. Thomas Harris Fraser, manager or the dispensary at Milton, said accused called at the shop on Sunday, April ]o Accused said he was very dry, as ho" had drunk six bottles of whisky during the week. Witness gave Bassett the drink which he asked for. It was a 2oz measure of water with; two or three drops of peppermint in it. Bassett appeared to be sober. Albert William Lockhart, who was in company with another man, said they saw accused outside the gate between 0 and/a quarter past 9. They obtained a match from Bassett, who walked on with them. Bassett had a knife (which he had taken out of his pocket) in his hand, and was opening and shutting it The knife had a sharp point. Accused walked to the corner of the street with them. Witness saw nothing to indicate that accused was drunk. Arthur St‘Donald’ Whittock, who was with Lockhart, gave similar evidence. Constable MWVhitty said that when accused was arrested he stated that he was unable to make a statement. Be said his arrest was a complete surprise, and that he had been drinking over the week-end. Bo also said he bad had some “dope” at the chemist’s shop, nncl remcmboml nothing niter leaving Bis Honour Mr Justice Him advised witness that he should have taken the statement down in writing. The constable went on to say that lie found a knife on accused when be was arrested. The suit which accused was said to have worn on tlio Sunday night had mud on it. In reply to Bis Honour the constable said that Bassett stated he had “dope” at the chemist’s. He'understood that Bassett had a “ pick-me-up.” • Bis Honour; “ Dope is not a "pick-me-up.” . The Constable: it is the word sonic people use for it. Mr Adams: It is a tunny thing lor a “pick-me-up” to make a man lose his memory. THE DEFENCE Air While intimated that ho would put tho accused in the box to give evisaid ho knew Miss M’Hardy, with whom ho kept company lor sonic years. Ho knew it was her habit to visit Curran’s house. It was true that latterly he had given way to drinking. On the Sunday he hud been drinking. He wont to the chemist's to get a "pick-me-up.” Later lie walked along the street and unsuccessfully tried to get soum whisky. Be saw a light m the room ot the house where he knew Miss M 'Hardy would be. Be decided he, would wait and see Alisa M; Hardy home; that, was his usual practice. It was possible he produced a knife when Lockhart and Whittock came along, though he could not remember. Be, stood in front of Curran's gate, and, while putting in time, was paring his linger nails with a knife, Lloyd came aloTig in his motor car and witness bade him “ Good-night.” Be asked Lloyd if ho were waiting on anyone, and Lloyd said lie was. in answer to Lloyd witness said he was waiting lor someone. Witness asked; "What about the business lust night-'” Lloyd came towards witness, taking his hands out of his pockets and saying " Well, what about it?” Witness still had the knife, fully opened, in bis hands; ,he thought there was going to he trouble,, and grabbed Lloyd by the tie. At tho same time he tried, to close the knife on his lelt leg, but it only hallclosed. Lloyd put his hands on witness, pulled him along tho footpath, and tried to throw him. Finding that he could not throw witness that way, Lloyd caught him round the back of the knees and threw him. Witness heard something rip. After ho bad been lying on his back for one minute Miss M’Hardy came out- of tho house. Lloyd' asked Miss M’Hardy to “get hold of someone. a« he had a knife in his hands.” No mention was made of stabbing. The knife was then fully open. Witness struggled with Lloyd, who. when he saw he was getting the worst of it, ran away. IT is Honour; “What became of the knife?” , Accused; “I. threw it away.” His Honour : “ -When ?” Accused: “ When I was on the way home.” His Honour; “It is a pity you did that.” ■Air White: “ Why did you throw the knife away?” Accused: “Because .1 thought they had gone for Constable AHWhitty.” Air Whiter “Where did von throw ■it?” Accused: “I threw-it over a fence. T looked for it, but could not find it.” Afr Whits: “ I think 1 instructed you to look for it?” Accused; “You did.” Continuing, accused said the weather was unfit for work next day. He did nob get up till 12. He went to the threshing mill in the afternoon, and when,he came home Constable AFWhitty wa.s waiting. Witness expressed great surprise at the charge of attempted niurder. He told the constable 1 he remembered nothing after leaving the chemist’s shop. Air AVhite: “ Why did you do that?” Accused; “I was afraid of the consequences. T knew T was to be faced, with a serious charge.” Mr White - “What condition were you in at the gate?” Accused: “I should say I was halfstunned ” His Honour asked accused if what was said by Miss M’Hardy" about his making threats.was true.

“ ] have no of saying it, but if she says' it it will be tine, answered Hassett. Mr Adams asked accused if he alleged that Miss M'Hardy had many strings on her bow. ' . His Honour: “Shouldn’t yon say, Mr Adams, ‘Beau on her string ? In answer to Mr Adams Hassett said he was engaged to Miss M'Hardy some time ago, but the engagement was broken off. He had kept company with her after the engagement was broken off. . Mr Adams said Miss M‘Hardy had said she did not desire bis company. If she did desire it, why was it necessary for him to interfere about the other fellows? Accused replied that the young larjy did desire his'company. Mr Adams said he proposed to refer to an occasion a fortnight before, on a Sunday. Did not accused, after the young lady had left her aunt’s home, spring out from a hedge upon her? Accused: “I can’t say.” Accused (to His Honour): “is it necessary to answer this question?” Mr Adams: ‘‘Do I understand you would rather not go into that question?”

Accused: “Yes." Mr Adams: “You told no one else but Mr White that you threw the knife away?” Accused: “No.” In further reply to Mr Adams, Hassett said he had three drinks at the chemist’s shop, though the chemist’s said he had only one. The drink of water and peppermint was the third drink. He thought one of If. > drinks before that had quinine in it. le denied that ho said to Lloyd tam waiting for you.” In addressing the jury, Mr white said that iu the lower court at Milton the Crow'ii had abandoned the attempted murder charge, but had now taken it up again. The Crown brought all,these elaborate charges in the hope that it would convict the accused cm one of the counts. Mr White went on to deal, with the facts as disclosed by the evidence. Mr White contended that it was clear that it was while Lloyd was in the act of falling that the knife entered his stomach. No ono could say conclusively that the knife was put in by Hassett. Had accused been trying to do ham with the knife, would ’he not rather have struck straight inwards with or iu the direction of the heart, 'the wound, as was stated by the doctor, went in, was deflected towards the right, and then out. That was the type of wound one would expect . with a knife during a tusslo and during a fall. Accused knew' the knife went into Lloyd’s clothes and threw it away. Dealing with the question of motive, learned counsel said it was hardly Hkelv the trouble over a girl would provide a mot ive for an attempted murder; it might provide the motive for a fight. CROWN PROSECUTOR’S ADDRESS Mr Adams, in adressing the jury, pointed out that bo, as Crown Prosecutor, had reinstated the charge of attempted murder, and it was left to the jury to decide on what grounds it would decide to convict —if it did convict. Hassett had lied to the police, and had contradicted his previous statement in the bos that day. Hassett had had the opportunity oi telling the truth, but he had not taken it, and it was only that day that he came ino the box and told his story. Under the circumstances he asked them to believe that it had the hallmark of suspicion. Accused had admitted to making threats, although he denied that li.r made a statement regarding “ two funerals.” Ihc crucial tact was the statement bv Llo t vd and Miss i\l Hardy that, Hassett had said, “ I am waiting for you,” and if the accused said those words and was advancing on Lloyd with a pocket knife, could the jury have any doubt on his intention? Mr Adams referred at some length to the question of the opening of the knife, and said the statement of accused that ho was trying to close the knife on his leg, when he cut his trousers, was entirclv inconsistent with what would actually occur. To close the knile one would press the back of the blade against one's leg, not the sharp paH of the blade. Counsel exhibited Lloyd’s clothing, and asked if it were possible that the cuts in it could be caused in an accidental way. The chemist was friendly with the accused, and he said that 'lie was quite sober. 'There was no evidence whatever of the accused being drunk. THE JURY’S VERDICT His Honour having summed up, the jury retired at 5.52 p.m. and returned at '6.5 p.m. with a. verdict, of guilty on the third count. Mr White pointed out that the accused had borne a most excellent character u]) to now. Ho came of a wellknown Milton family, and had lived there for a considerable period. Ho had entered into the public life of Milton. and had been through chairs of lodges and had served on different executives. Unfortunately during the past two or three years the accused appeared to have been an addict to drink. Counsel said he would like His Honour lo read some letters which had been written to the accused lately by the young Indy, and which did not coincide with her evidence given that day ' , His Honour, having looked over the Idlers, said that the jury hod acquitted the accused of any evil intent The question was whether on his record he should be released on probation. The accused would be remanded tol'.:da v morning to enable a report to he obtained from the probation officer.