SUPREME COURT.

New Zealand Times, Volume LXXIV, Issue 4880, 4 February 1903, Page 3

SUPREME COURT.

(ARIA! INAL' sessions. Air Justice Edwards resumed the "business of the criminal sessions yesterday. KONCiOTEA ASSAULT CASK. David llo.tiry Patton surrendered to Ms recognisances, and traversed an indictment charging him, on three different counts, with having assaulted John Hutcheson, with intent to inflict grievous bodily harm, at ilongotea, on the 27th December, and with having caused actual bodily harm to tho same, and with common assault. Air Dell prosecuted on behalf of the Crown, and Air Skcrrett defended. From Uio evidence it appeared that Patton is brother-in-law to a young girl, in connection with whom there is a charge of indecent assault pending against Hutcheson. On the night in question .Hutcheson said lie was met by Patton and assaulted by being struck on tho head. Hie medical evidence showed that the complainant had been treated for two incised wounds on the left, temple, and that the region around wa i contused. A neighbour named Ducha.nan testified Hint 11 ntebeson came to bis bouse On tho night mentioned, bleeding profusely. Evidence was given •(bat. (be aroused bad made use of threats towards Ifntebesnu. In the course of cross-examination by Air Skerrell. Patton admitted having been working with a widow, who is Pa) ton's mother-in-law. His properly at the time consisted of a bicycle ami bis swag. The widow bad two single daughters. the, eldest of whom was about eighteen or nineteen years cf age. It was in connection with the younger ■ •Vat the charge was made against him. 'ho widow leased him her farm of 120 :• ores, on which there were forty head of cattle. He had no cash at tho time. Ho denied having gone about Bongo tea bragging of his misconduct. He admitted having spoken about the matter.

Mr Skerrctt did not call any witnesses, hut, in (Ik; course' of an appeal to Un> jury, dwelt upon' the absence of corroborative testimony to connect the accused with the assault, and went on to say that even if Jio had been proved to be guilty, there was nothing in the act which would prevent any man amongst them from taking Ids hand. His Honor, in summing up, said he was unite sure the jury quite felt with him that this Lothario had received no more than his deserts, bub no amount, of provocation justified a person in taking the law into his own hands. The jury, after five minutes’ deliberation, acquitted the prisoner, and ho was discharged. His Honor observed that he was exceedingly glad the jury bad been able to see their way to find the prisoner not guilty. At the same time ho warned the prisoner that he would be liable to very serious consequences if be interfered with Hutcheson, or indulged in threats of violence snrh as some of tho witnesses had testified to. Thn Court then adjourned until 10.30 o’clock this morning.