SUPREME COURT.

Gisborne Times, Volume V, Issue 94, 30 April 1901, Page 1

SUPREME COURT.

CRIMINAL SESSION. [Before His Honor Mr Justice Conolly.] AN ASSAULT CASE. A young native named Piripi Hiroki was charged with assaulting Tohe Parapara near Tupavoa on the 14th January. Accused pleaded not guilt-y. The following jury was empanelled: A. T. Hookey (Foreman), E. File, J. Georgeson, E. Grundy', 11. M. Harper, J. T. Hallam, T. H. Proctor, C. E. Olding, W. Kirk, T. Stafford, A. G. Bain, and A. Skillicorn. Mr Nolan, Crown Prosecutor, conducted the prosecution, and prisoner was defended by Mr DeLautour. Mr Nolan said on the day when the assault was committed, complainant, prisoner, and other natives left Tuparoa on horseback. Shortly after leaving prisoner was seen to knock Parapara oft’ his horse and then kick him on the head. Two witnesses saw the assault committed. It was a violent and apparently severe and un-called-for assault. . Complainant was kicked three or four times on the head by prisoner. Evidence for the prosecution was given by Anaru Tohe, Tohe Parapara, the complainant, Hare Maruatu, Constable Gerrald, and Dr Cyril S. Davis. The latter stated that on the 4th of February last lie examined Tohe at Whareponga, and found him in a very weak condition. He could only crawl with difficulty, but was sensible. He found the top of his skull, on tko lefthand side, the scar of a contused wound quite recently healed. There was the discoloration indicating recent bruising all over that side of the head. The injury might have been caused by a fall on a stone on the ground or by a kick. Cross-examined by Mr DeLautour: Heavy drinking would be liable to set up increased inflammatory action in such a wound.

Mr DeLautour addressed the' jury on behalf of prisoner. The .jury, he said, must be satisfied that the injuries done to the complainant were actually done by the prisoner. The evidence showed that the Natives had been drinking together, aud on the evidence of two intoxicated or partly intoxicated men, the jury were asked to convict the accused. There was no clear motive alleged, and no reasonable account had been given of how Tohe came by his injuries. His Honor said that this was a very lamentable case. It showed the evils which arose from drunkenness. Here was a man who was previously able-bodied, who had now something seriously wrong with his left side, probably caused through injury to the brain. The question was, did prisoner cause these serious injuries to Tohe '? The statement that prisoner knocked Tohe off his horse without the slightest provocation seemed very unlikely indeed. There was a great deal of confusion, and if the jury were not satisfied with the evidence prisoner was entitled to the benefit of the doubt.

The jury retired to consider their verdict at 3.40 p.m., and returned into Court at 4 o’clock with a verdict of guilty. The Native constable gave prisoner a bad character for quarrelsomeness, stating that ho had frequently cautioned him about his conduct.

His Honor, in sentencing prisoner, said : Prisoner, if I were satisfied that those injuries to Tohe wpre inflicted in the course of a fair fight I should have dealt very leniently, with you, but I feel satisfied, and I believe the jury are satisfied, that these injuries to Tohe were caused by your kicks. It is a most brutal and cowardly thing to kick a man when ho is down on the ground. That unfortunate man is probably ruined for life. I feel it my duty to pass upon you the full sentence which the law empowers me to pass. The sentence of the Court is that you be imprisoned and kept to hard labor in Auckland prison for three years.