A BRUTAL ASSAULT.

New Zealand Herald, Volume LX, Issue 18551, 8 November 1923, Page 11

A BRUTAL ASSAULT.

FARMERS FOUND GUILTY,

AFFRiY AT WAERENGA.

"ONLY SHORT OF KILLING."

The trial of the two Waerenga farmers, Harry White Fret well (Mr. Moody) and Thofiias Malcolm Fretwell (Mr. OsburneLilly), charged with assaulting and causing actual bodily harm to Clunie James Drake, another farmer of the district, was concluded before Mr. Justice Stringer in the Supreme Court yesterday.

Kenneth Rex Brokenshire, a medical official of Auckland Hospital, to which Drake was admitted, said all the blows on the face could have been caused by a good hard fist. Vena May Drake, wife of the injured man, stated that on August 21, when her husband returned about 7 p.m., he collapsed at the door. He tried to tell her something, but was unable to do so. She did not know him; he was so disfigured, and there was so mr.:h blcod. The timber in his cart had blood scattered about it. There was a big pool of blood near the seat.

Constable John Reilly, stationed at Tuakau, stated that Harry Fretwell. when charged ith assaulting Drake, said he did noting to him. He said that Drake and Tom Fretwell fought, and only fists were used. Harry said he was there to see fair play. Witness noticed what appeared to be blood stains on Harry Fretwell's trousers. The latter said he got the stains from a cow he had been attending. Witness and Constable Horan then interviewed Tom Fretwell. Witness noticed no marks on either of the Fretwells.

Constable Jeremiah Horan gave corroborative evidence.

Phillip A. Thompson, a labourer working for Drake, stated that he could not recognise Drake" upon his return. His condition was very bad indeed. Harry White Fretwell, in evidence, stated that he was 31 years of age. Drake drove into his front gate. His brother Tom and Drake met and he heard them start to argue. He heard Drake say: " If you don't pay me £20 for the damage to the boat I'll sue you on the 12th." Tom replied: "Go to , you scheming cow." Drake jumped out of his cart and struck at Tom. The latter dodged and then struck him. Drake staggered back and Tom struck more blows. Drake was knocked down and refused to get up. There was nothing to prevent him getting up, and Tom hit him as he lay. Witness denied hitting Drake with a "piece of timber, or taking any part in the fight. His Honor: Did you try t' prevent your brother hitting Drake when he was down ?— didn't for a' while, but when I saw him kick Drake— His Honor: That is the first. time you have mentioned a kick. ~ Accused, continuing, said he interfered when his brother kicked Drake when he was down. He and his brother carried Drake to his cert and helped him in. Drake was bleeding at the mouth and nose, but was quue capable of driving home. Cross-examine'i, accused said that on an earlier occasion he and his brother had been in a fight with a Maori. In that case tho police were told the; Maori's injuries were the result ol "a fair fight." Accused v/ould not deny that the Maori was bad'./ injured. His Honor, in summing up, said that Draka had been subjected to exceedingly brutal treatment, which stopped short only, perhaps, of killing. t The jury found both prisoners guilty of assault, with intent to cause grievous bodily harm. ~,«•. His Honor deferred sentence till Saturday. •