APPEAL SUCCEEDS

Southland Times, Issue 25306, 8 June 1935, Page 5

APPEAL SUCCEEDS

CONVICTION FOR ASSAULT QUASHED. SUPERINTENDENT OF HOSPITAL. (Per United Press Association.) Grey mouth, June 7. Doctor John William Bridgman, Medical Superintendent of the Grey Hospital, was to-day successful in an appeal to the Supreme Court against a conviction on March 27 by the Magistrate, Mr H. Morgan, on a charge of assaulting Ellen Haydon, nursing sister. The grounds of appeal were that appellant did not assault respondent and that there was no evidence upon which the Magistrate could convict. Also, that the Magistrate was wrong in law and in fact in convicting appellant. Mr Justice Northcroft in giving judgment, said he was far from satisfied with the evidence of respondent who impressed him as not candid in some respects and in others of attempting to mislead him. The incident arose out of the mental condition she got herself into and when rebuked she apparently lost her self-control. Even if she were pushed as alleged, and his Honour was not prepared to say she was, it would not have justified a conviction. He was not prepared to accept her version, nor to say she was assaulted. Apparently her mind was made up to embarrass appellant. He was quite satisfied on the evidence that he would not be justified in holding the charge proved and the conviction was quashed. The. judgment in the Lower Court was set aside. Costs were allowed appellant