SERIOUS CHARGE

Nelson Evening Mail, Volume LVI, 23 December 1922, Page 5

SERIOUS CHARGE

YOUNG MAN ARRESTED STRONG COMMENTS BY COUNSEL Before Messrs 11. J. Harris and L.' Stuart, Justices, at the Magistrate s • Court this morning Albert John Stewart, 33 years of age, was charged with on 13th September, 1922, at Nelson, assaulting Henry Talbot' Cowie and causing him actual bodily harm. Accused was arrested at Blenheim yesterday. Senior-Sergt. Barrett lie would like the evidence of the principal witness taken. He was at his home in loi Toi. Valley, but ought to be in hospital. The doctor did not want him to leave thp institution, but be bad done so against advice. Senior-Sergt.. Barrett asked that the Court should adjourn lo the residence of Cowie and lake his depositions, and then he would ask for a remand until after the holidays. 2he talcing of evidence was a safeguard in case anything should eventuate. Mr W. Y. Rout, who appeared for accused, said ho would like to enter a very, strong protest against _ the extreme high-handed proceedings of the . Police in the mail'd’. The offence if it was an offence—took place over three months ago, and just as recently as Wednesday ]ngt the Police had asked accused if be would either come through m Nelson or-■appoint someone to act for ,!nm. Stewart came through and instructed him (Mr Rout), to act for him if anything happened; and yet they arvdrt-ed him instead of issuing a summons and stuck him hi the cells. “A more syuuda- ■ lons and high-handed proceeding 1 have : ' not known 'for a long time,” went »n . counsel. The basis of the alleged assault. wa.s of a most trivial nature, am! •it.-could not be important unless someth urn happened to Cowie. '• ;, m not bWfng the local Police,” concluded ; counsel, "because I think it eimnuiicil from Wellington. It is a most scandalous thing.” ’ . , -' •,,Senior-Sergt. Barrett said that one asnect of the case must not be overlooked. The assault was the result of a domestic quarrel, and Cowie was admittqd to the hospital with a fractured jaw. Had proceedings followed Hum the i accused would hav.c been liable now with causing actual bodily harm.. , Counsel;. Or /common assault. ; Senior-Sergt. Barrett replied that the Court could reduce the charge U» one ol ; common assault if they wanted to. ALer Cowie left the hospital lie remained, out i for some’ considerable time. He (the i fjcrgt.) did not think lu> hnu lookod tutci. his health, which had aggravated the ' Complaint apd he had to re-enter the institution, and the doctor had notified the Police that the case was a serious one and that Cowie might not live, the ( , layv was then set in motion. There was

no other procedure open. Counsel: Except to bring him here cm summons. . Senior-Sergt. Barrett: It is essential when a man is likely to die that toe principal party should he here. * Mr Rout had previously raised the question of, bail; and the Court intimated that the evidence of Cowie would ' be taken before the hail was considered. Thr Court then proceeded to the residence of Cowie to take his deposition. Fallowing further evidence was taken at the residence of Cowie: — . Henry Talbot Cowies said I'am a farmer residing at Tni Toi Valley. ■ I remember sending for the police on 13th September, 1922. last. Detective Russell came! here at my request. I made a complaint to the detective about being assaulted pud I asked him to get Dr Johnston to come to see me and he came next morning. He v examined me and I had to gfi to the public hospital to go under the X ray. I went The day after the detective came, I think it was the lame dav as the doctor came to see me. After being examined at the hospital I went to Dodds the dentist- in company with Dr Low—that was a few day? after being examined under the X ,fay at the hospital. The - dentist •pulled some of my teeth out—he pulled two but'the" third he could not get out. I then got a plate put in which did not suit and four or five days later I went hack to the hospital. I returned home .om Wednesday last having been in tho hospital in the meantime. The doctor let jrie come home though he did not wish me to do so. When T called for .the police in September I did so as my son-in-law hid assaulted me—my son-in-law is the accused. He hit me with his hand on the jaw—lie hit me with his clenched fist. The blow did not knock ./ mo down. I was standing at the time. My jaw was either broken or fractured as.the result of the blow. I complained to, the detective about my jaw. I had noli been well for four days before the assault. I told the accused I was not at all well and lie then hit me. The accused was present when the detective called. I did not hear the accused toll the detective anything. The detective said lie would take the accused down to, the gate and talk to him, and he could then come back and slop the night. I am sixty-seven years ot age. The accused resided here with me. It w,ys about three or half-past three in ■lnc afternoon that the accused assaulted me. It must have been about six or seven o'clock when the detective came. My youngest daughter went clown and telephoned for the. police almost straightaway after the assault. Herbert Henry Russell, dotedive seal; I am a detective stationed at Nelson. On i the 13th September last in consequence of a telephone message received at'the police station at 4.45 p.m., I. straight- away visited the residence ot H. T. Cowie at Toi Toi-Valley. On arrival there I saw the accused and Cow if*. Cowie said in the presence oi the m.cased “My son-in-law has just assaulted me; he has- hit me on the jaw. I. then turned to the accused and as,red him what he had to say about it. He replied, “I admit hitting him ; I would hit anyone to protect the good mime of my wife. He (referring to _ Cowie said I was not married to my wife ami that my children are bastards. I then asked Cowie what he wanted. He, replied. “I simply want an assurance that it won’t occur again.” The accused gave that .assurance and Cowie said lie was satisfied. He would not give the accused in charge. During the period Cowie wa.£ out of the hospital, I interviewed him and he told me he did not want the police to take any action. . He asked mo to call Dr Johnston when I first, went to his house. He did not say anything about ms jaw being broken. 11)0 accused was • nearly drunk and Cowie was under tlie influence of liquor. Dr 1). C. Low stated:— . , M am a duly qualified medical pncMtiouer in charge of .the public hospital at Nelson. , I remember a patient Uany Talbot Cowie who was admitted to tlm

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hospital on the 14th September. On admission iiis lower jaw was fractured in three places, it was a compound fracture into the floor ol the mouth with considerable swelling and hemorrhage under the chin. A blow from a list might have caused the injuries. No operation was performed. At present he is in a very serious and very ill condition. There is a discharging wound under the chip, due to (lie large amount of dead bone in the lower jaw. He had been offered an operation to remove (his dead bone but has refused. He bad two teeth extracted about the 25th Sep lumber by a dentist. The teeth were extracted to make room for a -splint to keep his jaw in order and also to provide drainage in ease the wound-, wentseptic... He was discharged from hospital about six or eight week's after his first admission and was re-admitfed on the 3rd November, 1922. An abscess bad formed under the chin. This was opened and a discharge of pus followed. On the 6fh"November two small pieces of dead bone were discharged from (he wound. After being offered an Operation aud refusing, lie expressed a .desire lo go homo and he was discharged on Iho 20th December. He was then much weaker, the wound was still discharging acrid he had been running a tempera 1 uiv for over a fortnight, 'Die mitlook in regard to his illness is not good. The contributing caiifi's to the sepsis would

be the condition of Ills month, (he teelli weie old and decayed and he had very marked pyorrhoea. Another con tribnting cause was chronic alcoholism. After about ten days T was fairly well satisfied thal he would recover, butoffer (he wound turned septic the outlook’was not good. An operation would have Improved his condition considerable. Cross examined bv Mr Deni: Bones of a chronic alcoholic are easily broken, and they are very difficult lo join again. Hr W. D. SI on m- .said: T am a dnlv qualified medical practitioner practising a! NeboA. , On the night; of the 13(h Sent ember DeleeH’ve Bussell rang me up and asked me to go the following morning and have a look'- at Howie. T found Howie with a swelling under his ehhs and his jaw fractured. I ordered him to hosphal. The fracture could have been caused by a blow from a list. I have seen him off aud on since then. He is very I'mil. lid lias always been very frail, as long as I have known him. Cross-examined: 1 have known him as one who has taken a fair amount of alcohol. y ( Accused reserved his defence and was committed to the Supreme Court for trial. Bail was allowed, self in £IOO and one surety of £IOO.