RIVALS COME TO BLOWS.

Dominion, Volume 4, Issue 1046, 8 February 1911, Page 3

RIVALS COME TO BLOWS.

"EXTREME PROVOCATION." A young- man named Homy Joseph Clements "leaded not guilty to the following charges—(l) having 011 January. 11, at Wellington, assaulted Vance Hickok with intent to ilo •him grievous bodily harm; (2) having assaulted Hickok so as to cause him actuai lodily harm; mid (3) having unlawfully assaulted Hickok. Mr. 11. 11. Os'ler conducted the ease for the Ctwn, and .Mr. K. J. Fitzgibbon appeared lor the defence. I In outlining the case, Mr.. Ostler remarked that all three charges arose out of tho one transaction. A Mrs. Laura M'Kenzie, who had been deserted by her husband, had been what is termed "keeping company"' with "the accuscd for a considerable time. They had a quarrel 011 January 8, and the lady gave accuscd up and commenced keening company with another man named llickok. It was. very easy to sec, said the Crown I'rosecmoi', that the motive was jcajousy. llickok went out with Mrs. M'lvenzic on January. 12, and again 011 'January 11, tho night of the alleged assault. On opening the hack gate to go into her lodgings nt about 11 p.m. on the night in question, Mrs. M'Kenaie found accused (here. Ho had his boots 111 his hand. Sho went to pass him, and he niadc an offensive remark to licr. I'inding-the- back door looked, she passed him again on her way to the front door, and once more he used offensive language to her. She got angry, and slapped his face, and he retaliated by striking her in the nose with one of the boots lie had in his hand. She then called llickok, who had just left her. Sho made her complaint to him, and ho asked accused to ai:dlogise. Clements refused to do so, and uroeceded to uso some filthy-language, llickok put his hand over accused's mouth to stop the language, aud turned round to send Mrs. M'Kenzio inside. As ho turned lift was struck 011 tho head with ?. bottle of beer. A struggle ensued, accused coming at llickok with the broken neck of the bottle still ill his hand. Clements struck llickok again and again, inflicting'severe uglv Wounds on tho face, head, and neck. Eventually llickok struck Clements in self-defence, and knocked him down 0111 tho road, llickok went to get medical aid for himself, and 11b-sooner had he gone than accused gat up and struck Mrs. M'Kenzie several.tinies. Dr. Simpson, senior house surgeon ' at Wellington Hospital, described seven distinct wounds found 'on Itickok's face, neck and head. A small fragment found in ono of tho wounds may have been a piece of glass. Hickok whs in the hospital for three days, and was then treated as an out-patient,for several ;days. To Mr. Fitzgibbon: U was possible for the wounds to liavo been caused by a fall on to a bottle. Such a fall ns might have been received. in a scuffle. He-examined by Mr. Ostler: Ho did not know that ono fall would rause'.the:in-, juries. At one tinio Hiekok was in danger. Laura M'Kenzie, married woman, stated that she was living opart from her husband, and resided iu Duppa St reel. Sho had been walking out with Clements, but they had a quarrel aud ceased. She had also walked out with Hickok. At a little after 11 p.m. on January It, slio went homo with Hickok and went round the back to go- iu. In tho yard she saw Clements, who used offensive ianguugo to h?r. He had his boots bit'. Witness proceeded to outline the happenings as described by the Crown Prosecutor.

Vance C. Hickok, baker, also gave details of the occurrence on the same' lines as described by Mr. Ostler in his opening.

Denjamin Love, tinsiflith. said lie was ■slamling at his gate-in Dnppi Street about 11 p.m. on January 11 when he saw two men and a woman having a few angry words. Ho heard ono man demand an apology from another, and" a little later ho heard a bottlo sniaih. There was a scuffle, and ho went down and found Clements lying on his back in the middle of the road, lliekok's faco was bleeding freely, the ladv stating that JOlemiMil.- had done it. Constable Taylor deposed that lie'interviewed acrn-rd tlio day uftcr (lie alleged assault. Asked if ho had seen Laura M'Kenzio the previous night, ho said "No." lie added that sho was in the hospital, her mother having >hid she liatl to undergo an operation. When witness remarked in the presence of accused that lliekok's condition was not too j»ooil, Clements "J1 he had not come'back he would not have got.il." In outlining the etfso for tho defence, .Mr. I'ifzgibbon, .still accused \vas a carter, and a 'sober, hard-working young fellow. He had been keeping company with the woman M'Kenzie, and as ho was dc*licalr he was paying her board; .the understanding being that when slio got a divoice she would marry him. On (lie night of the trouble in question licensed bail gone up for her, but >lie was out. Jle waited (or her to conic in. ami lliey had words in Iho back yard of the place at which she stayed. At length .-lie went oil', siying: "I'M scllle you for I his." and brought Hickok back. Angry words followed, a demand by llicknk that nrI'UM'd should apologi-e for hitting Mrs. M'Kenzie, he (accn-ed) denying the allepillion, as he had not hit her. Hickok then struck him twice, aud forced him up against a fence. In the heat of Ihe moment nud in self-del'ene.o Clements threw a boltle of liver which lie was carrying and hit llickok willi it. Dr. JJeamcr stated I hat accused vi-iled him on >1 miliary I!. Aecuscd bad a black ey-.\ his ear was severely injured, and his knees wero both bruised. The wounds on the eye and ear mu»t iu his opinion have been caused bv n violent blow. To Mr. 0.-ller: The wounds could have been caused by a fall.

ilenry .iosopli Clements, the accused, 6aid lie was u carter, and had been kccy.

■iig company with Laura M'Kenzie lor over lliree years. They broke off in November. 10110, hut'resumed in May, Ifl"lie bail paid 10s. a week towards Mrs. M'Konziv's beard, ami had given her money' to dress. The money was paid on (lie understanding I hat he was lo marry her when she could get a divorce. On the night of January 14 he went lo the house where she was, slaying, and was told that .-lie was, out. He went down I lie road, aud had a couple of drinks, and came back. At about 10.SO or ll'p.m. Mrs. M'Kenzie came home and passed him. He spake, and they had t some words, after which she said: "I'll von." She went onl, and he followed. Then llickok came oil I lie tecne, and demanded an apology, i-aying thai lie (witness) had struck Mrs. M'Kenzie.' Wilness denied this. Wilness proceed?!! lo give his story of the struggle, siying that he was struck by Hickok. When (■orojy pressetl, he (lung llic'bollle at Hickok i' self-defend. What he said la Constable Taylor was thai: if Hickok had not come back he (accused) would not have got hurt. To Mr. Ostler: It was not true that he had his boots off on tho night of the trouble. His Hono'nr: "Have you been before the Court before for an offence involving violeuce?" Accused: "No; only for drunkenness." Mr. Ostler: "Were you not convicted and fined for assault in lflOH?" Accused: "Oh. yes: I remember now." This assault, Mr. i'itzgibbou explained, was boxing a boy's cars. .Evidence as to accused's good character was given by Walter ,R. Mare. Addressing Hie jury, Mr. Fitzgibbon urged that accused acted as'he did purely in self-defence. An important paint /O considered was: Did Ifickok lay'ins ■ ands cm accused firs'., and by so doing, it law. commit an assaultt Accuscd, 'ie contended, was justified in throwing he bottle in self-defence. I Hi.s Honour -sumnied up at some engtli, and the' jury retired • at 3.10 >.in. They returned at 5.15 p.m., when 'he foreman announced that they found ■censed guilty on the third., count (assault). and recommended him to mercy, ".onsidering that he acted under extreme urovocation froni tho prosecutor (Hickok). His Honour remanded prisoner uiitil 10.30 this morning for /entenee.