AITCHISON ASSAULT CASE

Otago Witness, Issue 3524, 27 September 1921, Page 44

AITCHISON ASSAULT CASE

ACCUSED COMMITTED FOR TRIAL. SUBSTANTIAL BAIL FIXED. A largo portion of an all-dav sitting of the City Police Court on Friday was occupied in the hearing ol a charge against Allan Mitchell Aitchison ot doing actual bodily harm to Constable Hcise, with intent to <h> him grievous harm. This charge was substituted by Sub-inspector Willis for the original one of assault and causing bodily harm, dlie case was heard before Mr J. R. Bartholomew, S.M. Aitchison was not represented by counsel. Constable Heise, stationed at Noitli Dunedin, said he wont to accused house about 9 p.m. on August 5. Witness met accused's wife on the footpath. From what she told him he asked her to accompany him to the house. Accused was in the front bedroom, the door of which was locked. Witness called to him by his Christian name, but got no response, so went on to the verandah, having been told by Mrs Aitchison that the winwas open. Witness shone his torch through the window and saw that accused wan in bed. He called out again, but got no response. Mrs Aitchison said she was afraad to stop at home, and witness advised her to stay with neighbours. He left the house vv.th her. but when about a chain away heard someone call out, and saw accused coming. Witness went back towards him and Mrs Aitchison went away. Accused said: “What game’s this? ‘ You’re the that served a summons on me." It was fairly dark, and while speaking to accused witness shone his torch in his face. While witness was advising accused not to molest his wife his torch went out, and he received a blow on the mouth from accused which felled him to tbe ground. Witness tried to get up and pulled his baton out in ail attempt to defend himself, but accused grabbed it out of his hand end struck him on the left eye. Witness did not get to his feet after ho was knocked down. The blow on his eye rendered him partially unconscious. He had a faint recollection of receiving two or three other blows. Witness remembered getting to his feet, but did not remember anything more till he got t-o the tramline. He was feeling weak, and went into a house where there was a light. Mr* Love attended to him and oomimmicated with tbe police. Witness was in the Hospital 19 days, and was now an out-patient. The cuts and wounds on his head were the result of the assault, and his left hand was broken across the back. Witness could smell drink on accused, but otherwise ho appeared to be quite sober.

Dr Eric Vivian, assistant medical officer at Dunedin Hospital, said the constable was in a state of collapse, due to shock and loss of blood, when he was admitted. He had five long wounds on the head, a fracture of a small bone in his left hand, severe bruising on the back of the left forearm, and bruising on the back of both hands. He was operated on next morning, the wounds being stitched and the fracture set. Witness described the wounds, some of which were 3in, and others 2in, long. A depression ot the skull had now appeared which might or might not need treatment. It would be two months before the constable would be able to use his left forearm. Fanny MAKonzie, mother-in-law of accused, Fanny M'Konzie (mother-in-law of accused), Jessie Love (who gave first aid to the injured constable), and Constable Hamilton (who arrested accused) gave evidence. Accused lied nothing to sav, and was committed to the Supreme Court for trial. He asked for hail. He had a wife and children to keei), and if he got work might be able to get a lawyer and defend himself. Bail was fixed at £SOO in his own recognisance, and two approved sureties of £250 each. Aitchison was then charged with a breach of his prohibition order. Constable Aitchison said two bottles of beer were found on accused when he was arrested. One of them was emptied in the struggle. He produced the other. Accused said he picked up the bottles m a paddock and had no idea there was beer in them. The Magistrate: You don’t ask the court to believe that? Accused: I do. It’s the truth, anyway. Accused was fined 10s, with costs (7s), default 48 hours’ imprisonment.