ALLEGED ASSAULT

Gisborne Times, Volume LXXIII, Issue 11877, 23 February 1933, Page 2

ALLEGED ASSAULT

AGED WOMAN’S INJURIES

FRANK FISH CHARGED

Lengthy evidence was heard in the Supreme Court before His Honor, Mr.-' Justice Blair yesterday, in connection with the trial of Frank Fish, 31, who had pleaded not guilty to a charge of assaulting Willielruina Mary Horne, • a widow aged 71, on January 20, so as to cause her actual bodily harm! When two witnesses had teen heard, the hearing was adjourned until"',TO a.m. to-day. .

The Crown Prosecutor, Mr. F. W. Nolan, conducted the case for the Crown, and Mr-. E. T. Brosnahan appeared for accused. The following jury was empannell-ed:-—Douglas H. Fa-ram (foreman), Waiter R. Seymour, Wiljiam A. Hall, Jack T. Sheet, Albert Hopps, Robert B. Scott, Charles T. Gefrand, Charges D. Armstrong, Arnold H. N. ivid-.1, John K. Naismith, Andrew J. Russell and Henry Andrew. The first witness was Charles Percy, draughtsman,- who produced a plan of the house and section occupied by Mrs. Horne. There was no tap in the scullery and the nearest tap to the scullery was over the hath. When the door was opened, this tap was shut off from view. There was another tap in the backyard.

Dr. Meredith O. Moore, house surgeon at Cook Hospital, stated rhat he attended Mrs. Horne on her admission to hospital on January 20. There was a fracture just at the centre of her collarbone and surrounding this was marked bruising, also further bruising over the second rib. Between these two points there were superficial abrasions. 'There- was also bruising at. an a.ngle of the left side of the jaw. An X-ray examination failed to show whether nr not the riii was fractured, though it appeared to he clinically. Mrs. Horne was in n very nervous condition, .After a week at the hospital she left, and thereafter became an out-patient. She informed witness that, four hours prior to admission, she was struck bv a man she did not know, tins being borne out by the injuries which were consistent with her having been struck. Had she been thrown heavily to the ground on her left side, the fall couici have caused some of the injuries, but not the complete fracture. In. the opinion of witness the injuries could have bean caused by a blow such as Mrs. Horne described to him.

Replying to Mr, Brosnahan, witness stated that his opinions were "based partly on facts given him by Airs*. Horne. It was extremely improbable that the injuries could have been caused by a fall, though if would be possible if she had fallen on to an object suitably placed. She explained to him that the blow was a kind of up-per-cut, a glancing upward blow. She mentioned onlv one blow.

Mrs, Horne gave evidence that about 7.30 p.m, on January 20, a friend and herself were in her kitchen when a knock came at the door. The friend, Mr. Stevenson, answered the door, and a few moments later witness heard loud voices at the door. Wit ness got up tn go To the door and, as she did so, accused came in, making his way towards the kitchen, previously witness had not seen him and she ordered him out, also telling Stevenson to order him out. Accused was using vile language. Witness got past th& man and then noticed another man outside by the side door. She stayed by the clobr anti called out to Stevenson to get the police. Then she saw Stevenson going along by the side of the house with the accused following him. Shortly aftei, witness added, accused came back to her and said to her, "You grey-headed old —! I will put you where you ought to have been years ago.” Thereupon he struck her two blows, one bn the collarbone and one on the left angle of the jaw. She fell to the ground and must have remained there some moments.. After recovering slightly, she managed to get- on to one of the steps and then the other man came tip to her, saying, "He shouldn’t have hit . you.” Witness put up her hand and said, "Please go away.” She was very much upset and did not know what happened afterwards. Before she was hurt she had had no alcohol. Afterwards she asked for a little "brandy, and some was given her by a mall who rented a room there.

To Mr. Brosnahan, .witness denied having a hammer in her hand when standing in the backyard. She remembered nothing about a hammer, and click not threaten, accused at all, having no opportunity to do so. Counsel: So he struck you with no provocation at all ? Witness: Yes. Did the ' first blow knock you down.?—No, one followed the other so quickly. ‘ . , Did 3 t ou 101 l the doctor how many blows yoii were struck?—Yes, two blows. You-have-a hammer in your house? 'Yes. It is always kept in the scullery where there is a place for it. Did you notice it missing that evening ?—No. . Did you notice it in the afternoon? —No, but I used it in the morning to draw two nails from a box! So if accused says you chased him with a hammer, you will deny it?—'Yes, most decidedly. You said nothing to accused?’ —Nothing, for I didn’t know him nhd liac! not seen him before,, ' ' ’ .To Mr. Nolnnj witness said -that she had not seen the hammer since. Arthur Stewart Stevenson, who was with Mrs. Horne on. the night oi' the . alleged assault, ...stated that a knock; came at the hack scullery' door. He answered it and. found accused standing just inside the scullery door. ’Witness inquired what he wanted, and accused said lie wanted a drink of water. Looking :out witness, noticed: another man three or four yards from the door. The man had a bottle sticking out of his pocket and so witness said, "I- don’t thinlc it's a bottle of water you want, for your mate has a bottle of grog in his pocket.” . ' . ... ! Y Witness turned round and got - a

cup As ho came back. with.-the cup,Mi’s. Horne followed him and said, 'AVho nro those men ? I don’t know them. Order them. out/.. Go for the police.” !. This;, appeared to’ annoy accused, .continued, witness, and lie attempted to push" past'to get ; at Mrs. Horne. Witness pushed him hack to the door and then his mate took bold of him. The mate pulling and witness pushing, they g-ot accused, out the side scullery door. 'Accused's foot was in the door arid witness shut the dooi which produced an outcry from accused '• Eventually getting outside, his mate spoke to witness, asking him not to make'it too hot as they had "struck the wrong house.” Witness told the mate to get accused away, and. the mate suggested getting the police* Witness, went out to the gate,' saw a.friend, and asked him to get'the police. Coming back into the yard, v, ltnes.-, found Mrs. Horne on the ground, and she said "That man struck me. Get the police and doctor.” Witness couici not see accused then and he went outside, then noticing him going clown the opposite side of the street. He followed accused down, expecting to meet the police as they came up. Accused disappeared up a right-of-way ancl witness went back, then meeting Constable McKenzie. After walking up and down the street, they went into the Royal Hotel and found accused with his mate in the commercial room which was in darkness. The constable struck a match and witness identified accused. When told by the constable he would have to go to the police station, accused said, "I’ve got something in my pocket which will fix you’ , (witness continued). At the station accused was searched and on him were found a bottle of whisky and a hammer. The oilier mail did not- attack Mrs. Horne, and witness did not know lmw they would have got on without him, for lie helped them out.

Mr. Brosnahan : When you !>i'sl came to the door, was the'oilier man there as well as accused? Witness -. Yes, I saw them both. When you left, hail accused any hammer in his hand ?—No, I didn't, notice, a hammer a‘t any part of it. So tile first you saw of the hammer was at the police station ?—Yes.

Where was the mate when you went for the police? —With the accused, talking tn hint a little distancefrom the. door.

When you and accused were outside he didn’t appear to bear you any malice at that stage?—No. I thought he had cooled down. When his mate suggested getting the police did accused go for him. No, but the mate had told rue he got, a smack before. Had yon any liquor That day?—No, I was working.

: You gave a statement to the newspaper ?—Yes. If the paper says you found Airs. Horne lying groaning in the scullery it is wrong?—Yes, absolutely wrong. At this stage the hearing was adjourned until 10 a.m. to-day.