ASSAULT WITH SHOVEL

New Zealand Herald, Volume LXXII, Issue 22247, 23 October 1935, Page 16

ASSAULT WITH SHOVEL

DAIRY FARMER'S INJURY EMPLOYEE FOUND GUILTY RECOMMENDATION TO MERCY Charged with assaulting his employer, Gcorgo Thorburn. a dairy farmer, so as to do him grievous harm, Charles Augustus Milich, farm hand, was tried before Mr. Justice Fair and a jury in the Supreme Court yesterday. The assault was alleged to have taken place at Matakohe on March 26. Mr. "Webb appeared for the defence. Mr. Hubble, for the Crown, said accused had given his employer notice some 10 days before the assault took place. Some words were passed between the two on the morning of the assault, and when Thorburn saw Milich pick up a shovel in the cowshed he asked him what he was going to do with- it. Milich suddenly struck him on the head with the shovel, inflicting a severe injury on the top of the head. It turned out to be a very serious fracture of the skull, and he had to bo sent to Auckland hospital. He had a serious operation, and a large section of the skull had been removed. Counsel said accused became alarmed at what he had done, and informed neighbours, explaining that Thorburn had called him an abusive name. Counsel said that provocation, such as calling names, was not a defence to a charge of assault. In evidence Thorburn denied that ho had given Milich any provocation. He had never had a fight in his life. Further evidence in support of the charge was given by several witnesses. Mr. Webb said the defence was that accused was justified in doing what he did because he was threatened by his employer. " I may say I am sorry the thing; happened," said the accused in the course of his evidence, " but I was alone in a cowshed with a bigger man threatening me with physical violence." His Honor said the jury would no doubt be struck by the fact that the accused gave a much more detailed account in the Court than he gave to the police. After a retirement of a quarter of ail hour the jury returned a verdict of guilty under provocation of assault so as to cause actual bodily harm and added a strong recommendation to mercy. Milich was remanded for sentence.