FAMILY QUARREL.

Hawera Star, Volume XLV, 30 September 1925, Page 5

FAMILY QUARREL.

NEIGHBOURS INTERVENE. MAN BIAS EYE DAMAGED. CBY TELEGRAPH PRESS ASSOCIATION.) AUCKLAND, Sep. 29. The sequel to a furious struggle at Papakura on the night of August 22 was heard in the Maigst rate’s Court at Plapakura to-day, when Hugh Kirk, aged 50, a married man, was charged with assaulting Ids wife and three neighbours. Mr. R. A.. Singer represented the accused. Accused was angry when he came home on the night of Saturday, August 22, because witness had called in a doctor to iattend an injury to the kneecap of their five-year-old son, said Mis. Kirk. Accused said that if necessary he couild cut off the lad’s leg himself. Kirk went to get the axe. Witness left the house with her children, Mrs. Patterson, a neighbour, and Colin Patterson, aged 19. They went to Mrs. Patterson’s house across the street. Kirk followed and in the diningroom he seized witness by the arm, twisting it a little. Hugh Patterson, husband of Mrs. Patterson, then seized Kirk, his sons, Colin and Gordon Patterson, assisting. After a struggle the three Pattensoins threw Kirk on his back on the kitchen floor.

Two blows with a poker were dealt Kirk *by Patterson senior, continued Mrs. Kirk. The blows were struck across the forehead, the second striking the eye. Each blow drew blood and Kirk was rendered unconscious. Witness rushed to her husband and put her hands over the wounds.

Evidence was given by the Patterson family that whein Kirk rushed at ■ his wife in Pattersonis home she screamed, calling out that he was breaking her a,rm. The Pattersons endeavoured to push Kirk out of the house, and when he resisted violently they threw him with the object of tying him with ropes. Plaltterson senior said that Kirk was calling out all the time that if he could get a gun lie would shoot them all. Kirk kicked witness on the jaiw. Witness" said he feared that Kirk might get awiay and carry out his threat, so he used the poker, dealing Kirk two blows as the first one did not seem to make much impression. When Kirk came to about au hour later lie was handed over to the police, who had been called from Pukekohe. The evidence of the Phtterson, was to the effect that Kirk was not drunk but inflamed with liquor. • 'Mr. Singer stated that the accused s left eye had been reduced to pulp and was taken out .at the hospital on August 25. . ' Mr McKean agreed with Mr Singer s submission that Kirk hiad. .been sufficiently punished iby the loss of liis eye. Accused was convicted of assaulting liis wife and was ordered to pay the costs (£9 3s 6d). The magi'strtae dismissed the charges of assaulting the Pattersons, observing that they were incidental to the struggle.