POLICE COURT.—This Day.

Thames Star, Volume XVII, Issue 5144, 13 July 1885, Page 2

POLICE COURT.—This Day.

(Before H. Kenrick. Esq., E.M.) UNIAWTUIiLY WOUNDING. Nathaniel Western was charged with unlawfully and maliciously wounding C. J. Moore in the Provincial Hotel on the 12th instant, by stabbing him in the face with a knife. Inspector Kiely conducted the prosecution, and briefly explained the facts of the case.

C. j.,. Moore, sworn, deposed—He resided at Waitekauri, and came to the Thames last Friday. Had since been staying at the Governor Bowen Hotel. About dinner-time yesterday went into ithe Provincial Hotel with two other.men —Bray and Carrick. Entered the first room on the left hand side of the passage, and had a conversation there. Accused came into the room, and first addressed Bray, sayiDg that he had been robbed of some money, and asking him to go for Constable Stapleton, who, he said, had seen him receive some money. They told him that there was a police station close by. Carrick made some remark to accused, which seemed to excite his anger. Accused then drew a knife from hie pocket, and threatened to drive it into Carrick, using menacing gestures with the knife, and calling him names. The last feint that accused made at Carrick, he (witness) thought the knife had dropped out of his hand, and witness thereupon closed upon him. Accused then struck him (witness) in the face, but could not say whether he had anything in his hand or not. Did not then notice any flow of blood, but saw it immediately afterwards when coming down the street. The knife in the hand of accused was a pocket-knife. Saw a knife soon afterwards in the possession of Constable Fleming similar to the one produced. Was taken by.the constable to Dr Callan, who dressed the wound on his (witness*) cbeek,.which was the result of the blo-v given by accused. Could not have received the wound at any other time yesterday. Did not remember ever seeing the accused before. To the Court: At the •time accused was thrusting at Carrick with the knife, he was close up to him. Accused was excited, and his (witness') impression was that he had been drinking. When accused struck him, witness drove him into the corner of the room, and went for a con* stable, who took him into custody. Did not see the knife in accused's hand after he had struck at Carrick. Struck accused, who made a second blow at him. When accused had the knife in his hand, the end of the handle of it was close to the thumb, the blade extending downwards below the little finger. Dr Callan, sworn, stated—About 3 o'clock yesterday afternoon, Moore, in company with Constable Fleming, came to his house. Noticed that Moore had a cut on his right cheek. On examination, found it was an incised wound downwards" and outwards, from the inner part of the cheek across the cheekbone, for an inch and a half in length. The wound penetrated the bone, through the fleshy part of the cheek ; it was about half an inch deep. Moore appeared to have lost a considerable quantity of blood. The wound must have been caused by a sharp instrumeut. A blow struck by the knife (produced) would have caused the wound. It would requiro a stroke downward toiinflict such a wound. Constable Fleming showed him the knife (produced)yesterday afternoon, and he then noticed two small blood stains—one on the blade, and the other on the handle. Dressed the wound, which was not a dangerous one. George Carrick, sworn, deposed—ln company with Moore and a man named Bray, he went into the Provincial Hotel yesterday between 1 and 2 o'clock. Went into a room together and sat down. About fifteen minutes afterwards, accused came into the room ; had never seen him before. Accused said he had been robbed, and wanted Bray to go to Shortlaod for the police. Bray replied that the Police Station was close by, and he had better go by himself. Witness said, " Old man, if you have lost any money you did not lose it in this room with us." After making this remark, accused made a blow at witness, which he warded off with his left hand. Could not say whether he had the knife in his hand when he came in. Before that accused took oft his coat and vest, and turned out his pockets to show that he had been robbed. When accused made the blow at witness, Moore closed on him and knocked him into the corner. Did not notice accused strike Moore. Moore went outside for the police, and when he came back with Constable Fleming, noticed blood on his face. Saw a knife in the hand of accused when he struck at him (witness). After Moore left the room witness said " Lookhere.old man, it is time you dropped the knife." Accused thereupon threw the knife—a whitehandled pocket-knife, similar to the one produced—on the floor. _\ To the Court: When accused came into the room, he looked like one who had just woke up from sleep, and appeared to bo excited. When Moore closed on accused, he threw him down in the corner; aaw no blowj itruck. The scu&e did not last

more than half a miuute. Accused

behaved in a very excitable manner, and did not appear to have any control over himself. Did not hear him threaten Moore. When accused took his coat and rest off, he took the knife out of a pocket, and pat it on the table; it was then closed, tie took it off the table after witness' remark to him ; thought it was for the purpose of'cutting tobacco, bat did not recollect seeing him open the knife. Did not think anything be said caused accused to take up the knife. Could not say that it was in his hand when he (acoused) struck jat him. Noticed the knife open in his hand some time after he had taken it off j the table.

John Bray, sworn, stated—Was in the Provincial Hotel yesterday afternoon with Moore and Oarrick, when accused came in and complained of baring been robbed of some money. Told him to go to the police station. Carrick passed some remark that accused had not lost the money in that room. After that, saw accused shaping at Carrick as if to strike him, but he warded off the blow. Could not say that the knife was then in his hand. Moore then closed on accused, who struck at him, but did not notice the knife id his hand. Saw blood on Moore's face psjß-;* -~x vious to his going outside for a policeman?"*

Immediately afterwards, heard Carrick .say, "Now .then old man, ;throw down that knife !" Accused then threw the knife on the floor, under the window. Did not then notice what kind of knife it was, bat when accused emptied bis pockets, saw that it was a white handled pocket-knife. Accused was then arrested by the constable.

Constable Fleming deposed—At 2.40 yesterday afternoon he went with Moore to the Provincial Hotel, where accused was. Told him he was charged with wounding Moore, who was present at the time. Moore's face was bleeding freely. Accused bad bis coat, vest, and bat off, and appeared to be very excited. In answer to the charge, he said, "I don't care; I've been robbed," but afterwards at the station he said he knew nothing about it. There was blood on the back and front of accused's shirt and hands. There were also a number of stains of blood on the floor of the room, particularly in one spot. "Accused had no knife in his possession when searched at the station. Returned to the hotel, and searched for the knife in the room; found it (produced) under the window, partly concealed by a sewing machine. There were two blood stains on it—on the blade and handle. Witness accompanied Moore to Dr Callan, who dressed the wound.

This closed the case for the prosecution, and the Court adjourned ■ till 2 o'clock.

On resuming, Inspector J£iely said that before proceeding he would like to state that the money of which it was supposed accused had been robbed.Jhad been found on him. The police had searched the prisoner, and found £3 in notes concealed between his shirt and singlet. He men* tioned this because it was stated during the hearing of the case that accused had been robbed.

The depositions were then read over, and the accused cautioned in the usual manner, but he did not make any defence. His Worship said he had no alternative but to commit the accused for trial at the next sitting of the Supreme Court to be held in Auckland.

The Court then adjourned.