JAW BROKEN

New Zealand Herald, Volume LXXIII, Issue 22412, 7 May 1936, Page 16

JAW BROKEN

ALLEGED ASSAULT SEAMAN ON TRIAL CASE FOR PROSECUTION A charge of assaulting James Ettles 60 as to cause him actual bodily harm was brought against James William Burman, a seaman, who appeared on trial at tho Supreme Court yesterday. It was alleged by the Crown that accused struck Ettles, following a dispute at a card party, and fractured his jaw. Accused pleaded not guilty to the charge. Tho caso was heard by Mr. Justice Callan, and Mr. R. Meredith appeared for the Crown. Mr. Noble appeared for accused. Mr. Meredith said that on tho evening of March 18 Mr. and Mrs. Ettles, who lived in Newmarket, were playing cards with two friends between 11 and 12 o'clock. Accused, who was a lodger in the house, came home, and an argument arose between him and Ettles about some change. Ettles called Buririati insulting names, and then both proceeded to take their coats off. While Ettles still had his coat half on, Burman hit him on the right side of the faco. So powerful was the blow that it fractured the jaw. The two men later came to grips on the footpath outside, but were separated. A doctor was called in, and Ettles was ordered to hospital. "You may think that Burman was justified in his action on account of the insults ,he received, but provocation is no defence for the accused," said Mr. Meredith to the jury. "All you have to decide is whether Burman hit Ettles on the jaw." Tho first witness was Dr. Selwyn Morris, who attended Ettles on the night of March 18. He said that the right side of Ettles' face was considerably swollen, and there were all the signs of a fracture of the right side of the jaw, which was later revealed by an X-ray. Ettles would be fully recovered from his injury in six months from March 18.

Ditler Gothard Monrad, a labourer, who was one of the card players, described the dispute, which he said arose over money matters. He attempted to separate Kttles and Burman when they were outside, but had a hard job, as they were holding each other round the neck. Mrs. Winifred Ettles said that Burman had been a lodger at her home for four or five weeks. He came in and she said he could take her card hand in a few moments, but her husband said no. He then started to make disparaging remarks to Burman concerning some change with which accused had bought smoked fish. Her husband then swore at Burman, who struck him soon afterward. When Ettles got up off the floor he complained' of a loose tooth, and the two visitors were trying to get it out.

The hearing was adjourned until to-day.