ALLEGED ASSAULT

New Zealand Herald, Volume LXXIII, Issue 22413, 8 May 1936, Page 17

ALLEGED ASSAULT

SEAMAN ACQUITTED MAN WITH BROKEN NECK DISPUTE AT CARD PARTY A man who some time ago fell down a flight of stairs and broke his neck, James William Burrnan, seaman, aged 42, was acquitted by a jury in the Supreme Court yesterday on chaiges of assaulting James Ettles so as to cause him actual bodily harm and alternatively of committing a common assault.

It was alleged by the Crown that accused struck Ettles, following a dispute at a card party, and fractured his jaw. Accused, who appeared in Court wearing a heavy leather collar, pleaded not guilty. The case was heard by Mr. Justice Cnllan. Mr. I?. Meredith appeared for the Crown and Mr. Noble represented accused. The first witness called for the Crown when the hearing was resumed was James Ettles, who said he objected to Burman taking his wife's card hand, and then an argument arose about some money. The last thing witness remembered was beginning to take off his coat. When ho came to his senses he felt sore on his right cheek. He went into hospital next morning and stayed there for nearly six weeks. Witness added that lie knew of Burman's broken neck. The accident occurred at witness' home while accused was going down some awkward stairs without a light. Accused was not wearing a leather collar or bandage round his neck at the time of the assault. Accused in evidence said Ettles used insultifig language, and then they both jumped up. Seeing Ettles getting his coat off, accused hit him. •'He told me 1 was a lucky man to be alive," replied accused, when Mr. Noble asked him what the doctor had said about the injury to his neck.

Mr, Noble said the case was extraordinary—a man with a broken neck having a fight, and a man with a broken jaw looking for trouble. Accused was in a very dangerous condition, and he knew that the slightest tap might be fatal. When ho saw Kttles preparing for a fight which might probably be the end of his life he "got in first." His Honor said it seemed that Ettles was a good deal in the wrong. However, it did seem that Burman had carried the argument to a fight, then realised his deadly peril, and attempted to hit first in an unsportsmanlike way. The blow he feared seemed to have oeen brought on by his own action. The jury returned a verdict of not guilty, and accused was discharged.