QUARREL AT THE GATE.

New Zealand Herald, Volume LIX, Issue 18017, 16 February 1922, Page 9

QUARREL AT THE GATE.

SERIOUS ASSAULT ALLEGED.

BLOW WITH IRON PIPING.

HUSBAND WITH GRIEVANCE.

Alternative charges of assault with intent to do grievous bodily harm, and of assault causing actual bodily harm, were brought against Christopher Nevin (Mr. Ostler) before Mr. Justice Herdman at tlio Supreme Court yesterday. Mr. S. L. Paterson oonduoted the prosecution A plea of not guilty was entered.

The facts, as disclosed by the Crown, were that on November 28 last accused attacked William Churchill, clerk of the Magistrate's Court, Tauranga. It \<'as alleged that on the morning of that day, while on tho way to tho magistrate's house, Churchill stopped at accused's place and gave accused's wife three oaboages. Ho did not go inside, handing them in a bag over the gate. While he was there, accused arrived, and responded to Chin cliiils greeting by using filthy and abusive language. Churchill turned to go, when accused struck him just over the eye with a piece of tianged iron piping, making a wound two inches long, and iractuiiug the bone. Alter a struggle Churchill aud accused's wife managed to secure the weapon. Churchill then reported the mallei to the police, and accused was anested.

In evidence ChurohiU unfolded tho story as delated, lie said his wife had pionnsed Mrs. Nevin the cabbages, which iie was taking her.

Allegations Denied. Asked why accused had struck him, Churchill said he did not know, but he assumed accused thought ho was helping Mrs. Nevin to get a separation order from accused.

Mr. Ostler: Do you not know now 1— That is the oniy construction 1 can place on it.

Mr. Ostler; I charge you with having tampered with Mrs. N'evin for the past three yeais.—l cannot say what 1 would in other circumstances, but 1 say it is an absolute falsehood.

Co j_:tel: 1 charge you with being the father of her youngest child. Do you deny that?—l do. Counsel: If Mrs. Nevin said you were, would you still deny it?—l would. Counsel : Is it a fact that she is living with you now ?—lt is not.

Witness said that Mrs. Nevin was staying at h.s house, but with his wife's knowledge and approval- He denied that his wife h.id run away and como to Auckland when Mrs. Nevin went to live in his house.

Further questioned witness denied that he was constantly at Mrs. Nevin's borne during Nevin's absence. He said lie was there at times, but accused was also at his house at times in his absence. Ho bad known Mrs. Novin since she had been a litt'e girl, He had done only what his duties as clerk of the court required in connection with Mrs. Nevin's separation proceedings. He denied that accused had ever spoken with him about his relations with Mrs. Nevin. He was in hospital about 10 days in consequence of the assault. Mrs. Nevin had been to see him there. Counsel : Did she come to see you by herself'—No. only with my wife in a car. . In reply to counsel, witness admitted that Churchill was not his original name, but that he had changed it since arriving in New Zealand. His Honor here said that be did not see the relevancy of the questions except as bearing upon the credibility of the witness. Dr. A. H. Tovey, of Tauranga, described the injuries Churchill had received. He said that at the outset he had thought the wound would be a serious one. but it hnd healed up well.

Argument for the Defence. Opening the defence, Mr. Ostler said the line he had taken in crossexamination showed what tho defence would be. It was maintained the circumstances were such that accused, on seeing Churchill, fell into a paroxysm of fury. Instead of being actuated by a definite desire to injure, he simply did not know what he was doing. . . Accused, givine e\idence, denied having used obscene language to Churchill on the day of the affair. He said his words were "Get out, you dirty lying scoundrel, Churchill said he would not go because he wa« not on accused's property. Then, said accused, ho struck Churchill with the iron pipe, but denied that there was anv struggle for possession of the weapon. Joseph W. P. Snellgrove, of Tauranga, said that accused was a man of veiy high character, and held in high repute in ihe town. Addresses of counsel and the summing up were short. The jury, after a brief retirement, brought in a verdict of gialty on the second count, that of assault causing actual bodily harm, and not guilty on the other counts. Time to Pay Fine of £25.

Mr Ostler urged that the facts he bad suggested in cross-examination might be taken into account m assessing the penalty. Prisoner had the sympathy of tho people of Tauranga The leading people of the town had -subscribed toward the cost of his defenoe. It was admitted that he had twice previously been convicted of assault, in 1903 and 1909, both affairs being trivial in their nature. , , His Honor said he expressed no opinion concerning the relations between prisoner's wife and Churchill, but believed that accused was animated by a sense of wrong. A fine of £25 was inflicted and a fortnight suggested as the time in which it should be paid. Nevin here said "Suppose I don't pay. His Honor asked if longer time was wanted. Mr. Ostler said that in his present frame of mind Nevin was inclined to go to gaol rather than pay the fj n0 A little reconsideration might cause him to modify his intention. A month for payment was accordingly allowed.