SUPREME COURT.

Otago Daily Times, Issue 16538, 11 November 1915, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Wednesday, Novbitbkr 10. (Before his Honor Mr Justieo Sim.)

The criminal quarterly sittings wero resumed at. 10 a.m. ASSAULT WITH BODILY HARM. John M'Namara was indicted that he did about 'October 4, at Rao's Junction, assault Hugh Craig so as to cause hun actual bodily harm. There was a second oount charging him with assault. Mr Hanlon appeared for aocusod, who pleaded not guilty. Tho Crown Prosecutor (Mr Wm. C. MacGregor, K.C.), in outlining the case said that Craig was a fairly well-known carrier and fruitgrower in tho Roxburgh district, aiul M'Namara had worked for him some time ago. On October 4 Craig was driving his wagon from Roxburgh to Beaumont, leaving home at 8 a.m. Ho arrived at Rae's Junction at 6 p.m., and went into the hotel bar, where there were half a dozen men, including M'Namara. He called for a drink, and shouted for the men at the bar. Ho asked M'Namara if there was a telegram for him, and M'Namara, who had formerly been the licensee of the _ hotel, said he would introduce Craig to his successor. Hen M'Namara shouted a drink, and began talking. Apparently there was some ill-feeling on tho part of M'Namara, who said certain things to Craig about having come down in the world, and requiring to drive his wagon. Finally he said to Craig: "You called mo a a long time ago, and I have never forgotten it." Craig denied it, but M'Namara repeated his assertion, and said that Craig had called him out of name (again using the word) before his wife. Craig replied: "It is a lie, Jack." Thereupon M'Namara punched Craig on the jaw and eye. Craig closed with M'Namara, and there was a scuffle Craig was forced from tho bar into the bar parlour, where he fell as he got close to a broken sofa. By this time Craig had got ono or two punches about the head, which marked him. As he fell in tho bar parlour ho felt that he had got what ho thought was a kick in the ribs. Ho said to M'Namara: "For God's sake, don't kick a man when he is down." Two men came into the parloxir and helped him up, and took him to the bathroom, where the traces of the struggle wero - removed. M'Namara went up to the bathroom and said to Craig: "I am sorry for your eye; but it is good enough for you, you . It has been owing to you for a long time." Then M'Namara invited Craig to have a drink. This invitation was not accepted, and Craig drove away. On arrival at Roxburgh the following day Craig was very 6tiff, and could not unyoke his team. A doctor was called, and it was found- that one of his ribs was broken. He was in bed for a week, and was unfit for manual work for several weeks. Counsel outlined the evidence that he intended to call, and said that, considering the age and weight of the men, there was no doubt that M'Namara had committed .a very brutal assault. Hugh Craig said he was a member of the district Licensing Committee, and had formerly been Mayor of Roxburgh continuously for 10 years. He detailed the circumstances of the alleged assault, and said that as a result of the blows he had received he was in bed for a week, and was still under the doctor's trefctment. He had a serious illness about 18 months ago, and had not been in the best of health ever since. Ho had nine drinks between Roxburgh and Beaumont—a "porter gaff" each time. During the assault he never 'struek a blow. To Mr Hanlon: He never mixed his drinks, and the nine he took on the day in question had not affected him. He was not a quarrelsome man. M'Namara was a very sober man, and seemed sober at the hotel that evening. Personally he was quite capable on that occasion of judging of the condition of M'Namara.

Evidence was also given by Dr J. R. Gilmour, Alwyn Crawford, FranTc Ylieetra, Donald M'Millan, Wm. Fraser, and Constable Butler.

John M'Namara, {tho accused) said he resided at present at Millers' Flat. Craig came to the hotel and "shouted" for those there. Witness said, "It is a bit of a oome down for you driving a wagon." Oraig did not seem to like it, and witness said, "Have another drink," and shouted. Afterwards Craig seemed to -snob witness, and witness said he meant no offence by what lie had said Craig eaid, "You are a liar." Witness said, "Don't use words like that to me. I don't like it." Craig said, "You axe a liar. You are a and rushed/ at him (witness). Witness could not get away, and lashed out at Oraig as he came towards him, and "found his mark." Craig lashed out at him, and hit him onco or twice about the body, but did not hurt him. Oraig caught hold of him, and he hit Craig again. He tried to shake Craig off, and hit him once or twice on the head. Witness hit Craig somewhere on the back of the head, and Craig went through the bar parlour door. Craig fell with his face on a broken sofa, and witness went over on top of him. After the affair was over witness said: "If you are a man, oome and have a'drink," and' Craig said "All right." Witness did not kick Craig at any time. Craig was under the influence of drink. He drank a lot. Witness did not drink alcoholio liquor except ( for medicinal purposes. To the Crown Prosecutor: He did not know he had broken Craig's rib. He did not care if he had broken his rib. He (witness) had not a hope, of getting away from Craig, or ho would have done so. Mr Hanlon said the. question for the jury to determine was whether M'Namara was answerable for the" injuries Craig had received. The matter arose, more or less, out of a drunken row in a hotel. If the jury believed what the Crown said it would have to believe that a sober man started a row, in which he knocked a man about in the presence of a crowd, because of something that had happened years before. That was what the jury was asked to believe, and it was absolutely ridiculous. -M'Namara did not drink, and was perfectly sober during this occurrence, and the jury was asked to believe that a man like that would take advantage of such an opportunity to revenge himself for something that was alleged to have taken place years before. The only evidence given as to the kicking was by Craig himself, while M'Namara's statement that he bad not kicked Craig was supported by Yliestra. M'Namara was entitled to defend himself against an attack by using force, and that was what he had done; and his statement was the most credible. The Crown Prosecutor, summing up, contended that it had been proved and admitted that accused had caused bodily harm, to Craig. M'Namara hud been tho licensee of tho hotel at Rao's Junction previously, and had, after going out of the hotel, waited his opportunity to inflict punishment upon Craig. , His Honor summed up. Tho jury retired at 2.20 p.m.,_ returning at 3.35 p.m. with a verdict of guilty on the first count. Tho accused was remanded for sentence. A SERIOUS CHARGE. John Daniel Black was charged with, on or about September 4, at Anderson Bay, attempting to commit a serious offence on a young woman. On a seoond count he was charged with indecent assault, and on a third count with assault. . ■■ ' Tho accused, who was defended by Mr Hanlon, pleadod "Not guilty." His Honor said, in the interests of public morality, all persons not connected with the case should be excluded from tho court. He made an order accordingly. The court was cleared, with the exception of court officials and persons connected with the case. After evidence had beep heard in support of the charge, Mr Hanlon addresssed the jury on behalf of the accused. His Honor then summed up the evidence for the benefit of the jury. Tho jury retired at 4.40 p.m., and returned at 9.15 p.m. with the intimation that they had been unable to agree upon a -verdict on any of the counts. His Honor advised the jury on certain points, and requested them to retire again and see if they could not come to an understanding. Tho jury retired at 9.20 p.m., and returned at 9.45 p.m., when the foreman stated that they were still unable to agree. Tho jury was accordingly discharged from giving a verdict. His Honor ordered a new trial at the present sittings.

(Peb Uktted Phebb Association.) WELLINGTON, November 10. In the Supreme Court to-day Patrick Mayo, charged with burglary at the New Commercial Hotel, was sentenced to 18 months' imprisonment. William Garner and Thomas Jackson Smith were convicted of attempted theft at tho Empire Hotel, and sentence was deferred.