WATERSIDER WOUNDED

New Zealand Herald, Volume LXIII, Issue 19510, 14 December 1926, Page 17

WATERSIDER WOUNDED

<A SERIOUS ASSAULT CHARGE. *• he intended to MURDER ME." jman committed for trial. 'Allegations that unprovoked assaults frere made on him on two occasions and that his assailant wanted to murder him were made by George Cargill when Joseph !Anrlre ' (Mr. Sullivan), aged 50, was charged in the Police Court yesterday with assaulting Cargill so as to cause actual bodily harm. Senior-Sergeant -Edwards. prosecuted on behalf of the police.

Evidence was given by Dr. John Mark that Cargill was admitted as an outpatient at the Auckland Hospital on the morning of December 2, He had a cut long high up on the outer side of his left thigh. The cut was about a quarter of an inch deep, and went right to the bone. Three stitches were inserted. Cargill also had bruises on the side of the face and injuries to the ear.

Cargill in evidence said he was a waterside worker. At about 8.15 a.m. on December 2 he had just come down the stairs at. the watersiders' shed in Quay Street, when Andre lunged forward «,nd attacked him with a knife. Witness gave no provocation at the time, aliihough an incident ha'd occurred between "ivitness and Andre on the previous evening.

On the evening of December 1, continued witness, he was fairly drunk and visited the home of a friend, John Hopo. Witness had tea with the latter, and then a woman, Mrs. Butler, came through the door from the kitchen and for some reason commenced to quarrel with witness. Witness said he had no desire to talk to her and she then smashed him over the head with a broom, breaking the handle. Witness caught hold cf the broom and was then struck on the head with an axe by Andre. Witness did not know where Andre came from. Witness was half unconscious and, while he was too stunned to resist, Andre caught him by the shirt-front and raised the axe. He was about to strike witness on the head when Hopo grasped the axe. Witness then went home, feeling as though he had been killed. He was covered in blood. Witness did not see Andre until next morning and had not given him any provocation. Mr. Sullivan: Do you mean to.say that on two ■ occasions Andre has assaulted you with an axe and a knife with no provocation whatever ?—That is correct. A Previous Incident. In reply to further questions witness admitted that he had visited « Hopo's bouse about fortnight before the alleged assault and Andre had then summoned tho police. The latter told witness he would be a fool if he did not go away. Questioned, by Mr. Sullivan regarding a woman named Julia, witness said that on tha occasion just mentioned he went upstairs to Hopo's room with a companion and the woman followed them. The police came in after her. Accused then asked witness to leave the house. He seemed very aggravated. Further questioned, witness said he knew Mrs. Butler and accused were living together as man and wife. Witness ■)did not strike Mrs. Butler in the eye. Mr. Sullivan: I suggest to you that accused did not raise the axe to you.— I think he fully intended to murder me. I suggest that next morning you struck him between the eyes and when he fell iforward after the blow. the knife acci•dentally went through your trousers.— •That is a deliberate lie. Witness added that accused made two or three attempts to stab him. John Hopo, waterside worker, said he ;, let a room of his house to accused. Cargill came to witness' home for tea on "December 1. He spoke to Mrs. Butler, who came in and struck him with the Jbreom. There was no row, but witness heard the two talking and on looking round saw Cargill being struck. Andre then came in with a tomahawk in his hand. He caught Cargill and struck him on the side of the neck. Andre wanted to kill Cargill. The woman named Julia and witness occupied the same room. ■ Evidence regarding the stabbing of Cargill was given by several witnesses, ;who stated that they saw Cargill and •Andre grappling ajid exchanging blows. Richard Hoy said he saw accused rubbing a knife on a piece of wood, as if .sharpening it. He had often seen him .-whittling pieces of wood. Cargill came {toward Andre and struck him a blow. [Andre then crouched down. In reply to Mr. Sullivan witness said St would be'possible that accused accidentally stabbed Cargill after the blow. Accused's Written Statement. Constable Chalcraft produced a written statement maide by accused, in which he .said that he was whittling wooden spars ior a model sailing ship and taking no notice of anyone when he received a .blow on the face from Cargill. The blow /Caused him to fall forward on his assailant. He grabbed at Cargill, forgetting that the knife was in his hand. He %hen saw that Cargill had been stabbed. 2le had had trouble with Cargill before, ,a& the previous evening Cargill had as.jsaulted the woman he was living with. /Cargill was ejected from the house and -■no doubt, his attack was a retaliation for this. The stabbing was purely accidental and it was only on account of the surprise nature of Cargill's attack that he iforgot the knife' was in his hand. Mr. Sullivan asked that in view of She evidence of Hoy the magistrate, Mr. ; iCutten, should dismiss the case. Mr. Cutten: I could not consider it. £ cannot weigh evidence like that. Icannot understand why you should ask Jne to spend so much time listening to it. Accused pleaded not guilty and was Committed to the Supreme Court for trial. Mr. Sullivan asked that bail should be allowed to remain at £25 as before, but Mr. Cutten said that, in view of the seriousness of the charge, he would increase it to £SO, with one surety of £SO.