FRACAS IN AUCKLAND.

Otago Witness, Issue 3804, 8 February 1927, Page 72

FRACAS IN AUCKLAND.

ASSAULT CHARGE FAILS. .. . AUCKLAND, February 4. ! The trial of Joseph Andre, a coloured man, on a charge of assault and causing actual bodily harm, was commenced' before Mr Justice Herdman in the Supreme Court this morning. Mr Paterson" prosecuted, and Mr J. G. Sullivan appeared for the accused. George David Cargill, who suffered' the injuries, stated that on the day of the affray he was in the waterside workers’ shed on the. wharf. When he went upstairs accused ' was standing at the dpdri. Witness had to pass him, and as he walked by Andre stabbed him. He had wounds on the left side near his hip which went down to the bone. Witness did not see a knife. The clothes produced bearing several cuts were those' he .wore at the time. Witness had had trouble with accused the night before at a house occupied by a friend of his named John- Hoper. While the ; a woman came to him and started a quarrel. It was then that Andre came on the scene and hit him on the head with an axe, and was going to strike him again when Hoper took the axe away. ' Under cross-examination witness a 4* mitted that the police had warned hirp. not to go back to the house, but he thought lie was entitled to go and visit his friend Hoper. He had never threatened to ‘‘get even’’ with the accused. He admitted haying been fined for assault 12 months ago. and also serving 12 days for the same kind of offence. ; ,

The defence was that the stabbing was an accident after Andre had received, a. blow on the face. The accused and several witnesses gave evidence to, .this effect. The jury returned a verdict of not guilty, and accused was discharged.,