SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8536, 17 March 1908, Page 5

SUPREME COURT.

CRIMINAL SESSIONS. PALMERSTON-TUESDAY. (Before Mr Justice Cooper.) William Waugh was charged with having wounded Constable Connor with intent to do grievous bodily harm, and with having assaulted him and thereby caused him actual bodily harm, and, further, with having assaulted Constable. Connor with intent to resist his lawful apprehension. Messrs C. P. Skcrrctt, K.C., and J. P. Innes appeared for accused and Mr Loughnan for the Crown. The following jury was empanelled: — J. W. Hands (foreman), J. McCormick, E W. A. Osbournc, It. Oberg, J. C. Dender, J. Davis, A. W. Just, B. Eglmton, G. Bright, A. J. D'Arcy, H. Stcphenson and G. Hall. Constable Connor stated that on the afternoon of December 14th, VM, hu was on duty in the Square, and saw accused coming along Rangitikei Street rather the worse for liyuor. He spoke to accused, and asked him where his horse and cart were, and told him to go home as he could not have him going about the streets in a drunken condition At about ten minutes to five no saw'Waugh again and ho appeared to have had more liquor. Waugh was going towards Broad Street, and witness decided to lock him up. Ho followed accused as far as Gowor's chemist shop, where he stopped. Accused - had a stick in his left hand, and witness said " You had better come along with mo, and I'll take you away for a while." He started to take accused away towards a cab when accused said, " How dare you? Take that, you b .' Witness felt he had been stabbed, and threw accused on to the ground and attempted to take the knife from him. The prisoner was struggling while on the ground, and trying to bite him. Witness called for assistance to a man who was standing close bjy, but he wont back into the crowd which had gathered. Mr Haycock then came to his assistance and look the knife away from accused. Witness put accused in the cab and asked Haycock to take him to the police station. To Mr Skerrett: Ho had known Waugh as a farmer who lived in the district and came into town occasionally. He did not expect to have any trouble with Waugh when dealing with him on the- afternoon in question. Ho noticed that Waugh was very drunk when he saw him the second time, and was standing at the- edge of the footpath when ho caught him by the arm. The struggle on the ground lasted about four or "five minutes. He had said to Waugh when he threw him down that he had stabbed him. Horace Maitland Haycock stated that ho had seen the fracas which occurred outside Gower's chemist shop. Ho saw Constable Connor go up to accused and eateh him by the- arm. Something caused him to look away for a few seconds-, and when he looked again he saw them lying on the ground. He was from 15 yards to a chain away at that time, and continued walking towards the place where tho men were struggling. When he arrived on the scene he saw the men lying across the kerbing. Accused was underneath, while Connor had his knee on his chest. He noticed that accused had a knife in his hand, and asked Connor if he wanted assistance, to which he replied that he did. Witness then attempted to take the knife away, and after some difficulty succeeded in doing so. After Connor had put accused in the cab he asked if anyone would drive him to the police station, as ho had been stabbed. Witness said he would do so, and noticed the blood soaking through Connor's trousers. Witness then drovo rapidly towards the yolicG station, and on his arrival there told Constable Wilson that Connor had been stabbed and that he had better arrest Waugh. Waugh said he would come along quietly, and walked into tho police station. Constable Hunter searched him, and said to him, " You are a stabbing old devil, ere you?" to which Waugh replied. "Yes. I would do for the b again." To Mr Skerrett: He first knew that Connor had been stabbed after Waugh had been thrown into the cab. He had not noticed Constable Connor give Waugh's arm a twist when ho caught hold of it.

William Hunwick deposed that ho hoard Constable Connor toll accused he had better go home. Accused went away and then came back again, and as he passed witness hoard him say something to the effect that if they didn't leave him alone he would have to knock them down. Shortly after he saw the two struggling on the ground, Connor being on top. Frank Rolfe, carpenter, Palmerston North, stated that he had been talking to Constable Connor shortly before the struggle took place, and shortly after saw Connor with his loi'fc knee on accused's chest and holding both his arms down on the footpath. Sergt. Stagpoole stated that he was at tho police station when accused was brought in on December 14th. Haycock called out that Waugh had stabbed Connor, and witness immediately went away to see to Connor. At seven o'clock that evening Waugh asked to see Witness, and asked why he was detained and not allowed out on bail. Witness replied, " You know you are here for sticking a knife into Constable Connor. He is not yet dead, but ho may die; then you' will be charged with murder." Waugh replied, " What, for stabbing a b policeman?" "Yes," the Sergeant replied ; " his life 13 as good as any other man's." Waugh then said. " I wish I had finished the l> ." The knife produced in Court did not look like a knife that had been used to cut tobacco.

To Mr Skerrett: Waugh was not very drunk at 5 o'clock. At 7 o'clock he was apparently all right, and thought it was a shame- that ho shouldn't be allowed to kill a policeman like a sheep. His words showed that he was a bad-tempered man. Dr. Wilson stated that the knife had penetrated the thickest part of the abdominal wall, and had made a wound sufficiently long to allow the bowel to escape. The wound could have been caused by the knife produced in Court. Tho cut, in tho abdomen was longer than the cut in tho coat, and must have been caused by a sawing action in drawing tho knife out. The- wcund was a very dangerous ono, tho principal danger being that the bowel was exposed and liable to infection, and he did not know for 24 hours whether the constable would live or die* To Mr Skerrett: To produce a wound as long as Connor's would require tho knife if bo drawn out with groat force and with steady pressure against the I tissue. Dr. Putnam stated that he had been called in to attend Connor at Gowor's. lie considered that the wound could not have been caused during the struggle, as in that case the wound would have boon of a more jagged nature Constable Hunter gave details of a conversation he had with Waugh and the remarks made by the latter respecting tho injury Connor had received. For the defence, Mr Skerret called William Waugh, farmer, Stoney Creek, who stated he had been living in the district- over 40 years, and had never been charged with any assault or violence. On the in question he came into town about 12 o'clock, and was looking for a man that ho wanted to meet. Later in the day he was walking along cutting up some tobacco, and put his pipe in his pocket. He forgot that lie had the knife in his hand, and immediately after the constable came up and caught him ljy the arm. He turned round and they both fell to tho ground, where someone took the knife away from him. He had no intention of .stabbing th<> constable, and had had too much drink. He could not recollect what he said at tho police station. The knife had been used by him for paring sheep's I feot and cutting tobacco. v To Mr Loughnan: He did not remember going to. the police station in the cab. The- last, he remembered was when he went to Woodfield's Stables. William Trewcek stated that he had .*«»«n accused on the day in question and

had seen him cutting up tobacco. _ It was a custom of his to cut off a piece of tobacco, rub it, and then cut another piece off, and at that rate it would take him about half an hour to cut up a pipeful. He had known Waugh for u long time, and had always found him a quiet man. To Mr Loughnan: He had often seen accused under the influence of liquor, and on those occasions he was in the habit of talking to himself." Thomas Walter Stace stated that h« had known accused for 58 years, and had always found him a quiet, inoffensive man. He (accused) had a peculiar manner of rolling up his tobacco, and held the knife in a downward position while doing so, and it would tako him a considerable time to get a pipeful ready. (Left sitting.)