SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8537, 18 March 1908, Page 6

SUPREME COURT.

CRIMINAL SESSIONS. PALMERSTON—TUESDAY. (Before Mr Justice Cooper.) ASSAULT. Mr Skerrett, in addressing the jury on behalf of William Waugh, charged with assault and causing bodily harm to Constable Connor, generally reviewed the evidence that had been given. The rule was that the graver tho charge the greater care should they exercise before arriving at a decision. Acting as the representative of tho old man in the prisoner's box, he would say that the case had not been proved. It was not a case of a hardened criminal, it was not a case of a man who made a business of crime, a man of vicious habits and a violent disposition. That was not the character that the man bore. It had been proved by his friends that he was an industrious' man and of a peaceful disposition. The witnesses had said that ho was under the influence of drink, but they had always stated that when he was drunk ho was not of a spiteful nature, but rather inclined to bo jovial. He asked them to say whether they seriously considered that, the old man was. likely, "consciously and designedly, to try and knife a constable. The condition of the man was one of the greatest factors in his favour; it was one of the strongest reasons they could have to show that he did not commit this crime. He submitted that the accused had not been proved guilty. They might be sure that lie had already suffered more than any of tho usual occupants of tho dock. The jury retired for about an hour and a half, and then returned a verdict of guilty on the second count, namely, that of " having caused actual bodily harm, with a strong recommendation to mercy on account of prisoner's ago. His Honour stated that he agreed with the jury, and thought they had arrived at tho proper conclusion. Prisoner was remanded for sentence.

THE MANGAWEKA CASE. Charles Fitton was charged with having assaulted William Roach in the saleyards ar Mangnweka with intent to do grievous bodily harm, v/i.th having caused him actual bodily harm, and with having assaulted him. Mr Cooper appeared for accused, and Mr Loughuan for the Crown The following jury was empanelled: — A. Drew (foreman). J. Follas, J. N. Clapham. F. E. Waters, F. Mowlem, W. I-I. Ford. J. O'Connor, H. Guy. J. 11. Watr., T. Arrowsmith, N. Campbell, and J. Brophy. William Roach deposed that he attended the sale at Mungawcku on February 29th, and saw accused there. It was about three years since he had seen accused previous to that. Accused struck him on the head twice with a hunting-crop, knocked him down, and then struck him again while he was on the ground. Witness' head was badly cut, and it was neccssar.y to call in a doctor to attend to the wound. To Mr Cooper: He h;id never sent a communication of an offensive nature to accused. Accused had struck him twice on the head before he fell to the ground. Arthur William O'Dwycr deposed that ho was at the sale on February 29th, and saw Fitton strike Roach on the head twice, knock him down, and then scrike him again while ho was lying on the ground. Accused used the heavy end of the hunting crop to strike with. Charles Gordon Pltyn stated that he saw accused strike Roach with the heavy ond of his hunting-crop Roach staggered back and Fitton struck him again, whereupon Roach fell to the ground, and Fitton struck him once more. The blows were very heavy. He recognised the hunting-crop produced in Court as the on<_' that was used by accused. William Lawrence Green gave corroborative evidence. Dr. Turnbull, Mangaweka, stated that ho had examined Roach and found two wounds on his head, which he considered could have been inflicted by the huntingcrop produced.

Constable Potter stated that he had arrested accused, and on searching him had found a revolver and some cartridges in his possession, also a letter in which ho threatened that if Roach did not publicly retract certain statements, he (accusod) would interview him again, and next time it would not be with a huntingcrop, but with a revolver. This closed the case for the Crown, and the defenco called the following evidence : — Charles Fitton, farmer, Mangawcka. stated that about three or four years ago he went up to Opotiki. Previous to that he had received a number of offensive communications, which he put I down to the authorship of Roach. Witness had now loft Opotiki with the. intention o£ taking a trip round the world. While in a shop at Auckland ho had seen a revolver on the counter, and as ho was going on an extended tour it occurred to him 4hat ho should buy it. On the day that ho went to Mangawoka he intended to see Roach and give him a horsewhipping. He did not intend to hit him on tho head, but subsequently did sb once, as ho could not get hold of Roach to throw him down to hit him over the back. He never had any intention of using the revolver when he wrote the letter which had been produced in Court. i To Mr Loughnan: He did not go to ' Mangaweka with the deliberate intention of seeing Roach; he had some friends there, but thought he might see Roach while he was there. The huntingcrop had been purchased by him in Auckland for the express purpose of using it on Roach, whom -he intended to give a horsewhipping. Witness admitted that it was a dangerous thing to hit Roach on the- head with such a heavy crop, but he did it, because he could not get at him to hit him anywhere else. He wrote the letter produced at Taihape on tho morning of the assault. After retiring for a few minutes, the jury returned a verdict of guilty on three counts, and prisoner was remanded for sentence.