LAW REPORTS.

Dominion, Volume 4, Issue 1130, 18 May 1911, Page 3

LAW REPORTS.

SUPREME COURT.

PRISONERS ON THEIR TRIAL

TWO ASSAULT CHARGES. BENCH AND BAR AT VARIANCE. The third rlny's proceedings of the quarterly criminal sessions of the Supremo Court commenced at ten o'clock yesterday morning-, the Chief Justice (Sir Robert Stout) on tho bench. Mr. T. Neave appeared for the Crown in all cases. Ernest. Edward Thompson, who had been found guilty of attempting to procure a noxious drug for an unlawful purpose, and Frederick Hunter, who had pleaded guilty to a charge of criminal assault of a certain nature, were further remanded for sentence until Friday, as the police reports were not yet to hand. The Chief Justice said he would take the case, against William James Geddys Hughes, on Monday next, as tho accused wished for time to prepare his defence. He was charged with obtaining money under false pretences, from certain residents of Karori. ABOARD THE TAINUI. STEWARD AND STOREKEEPER. William John Carpenter was charged with assaulting Nicholas Richard Normile, and causing him actual bodily harm, with intent to cause grievous bodily harm. Mr. H..-C. Tewsley was chosen foreman of the jury. Mr. T. M. AVilford appeared for the prisoner, who pleaded not guilty. The scene of _ the alleged assault was the steamer Tainui, at present in Wellington Harbour. Accused was a storekeeper on the vessel, and Normile had been employed on the .ship as a steward up to her arrival in. port. He afterwards returned to the ship,' ostensibly to see. the ship's doctor,, and.,'' meeting the accused on board, inquired for the doctor. Accused replied—so the case for the Crown proceeded—"l'm not the doctor. You so to h 1 'out of this." Prisoner then, it was alleged, struck Normile on the chest and on : the jaw, and a third blio-.v somewhere about the face, sending him violently from the saloon door to the scuppers, a distance of several feet. It was further alleged that the assault was entirely unprovoked. Dr. C. I). Henry, who had examined Normils after the occurrence, stated that a pieco of his jaw had been broken off and removed. To Mr." Wilford: If Normile had fallen on a goose-neck ventilator in the scuppers Hint niisht have broken his jaw. Nicholas Richard Normile, ship's steward, appeared in the witness-box with hi= jaw bound up, and gave evidence mainly to the same effect as above. Other member? "f the crew of the Tainui gave similar evidence to that piven bv them in the lower court: last week, and were cross-examined by Mr. Wilford with a view of showing'that prisoner had received provocation. Some of them stated that Normile was drunk at the time of the occurrence. Accused Gives Evidence. .The accused, who is a young man of respectable appearance, went into tho witness-box and related clearly his own version of, the story. He said that Normilo had. no right to bo in tho saloon, and 'accused had the right to tell him so, if the second steward was not there. Accused was placed over the subordinate) stewards. At the Government Shipping Office in the Customs building on the afternoon of' the day when tho assault occurred, he met Normile, who, after being paid off; became very abusive and used foul .language towards him. Witness asked Captain Smith to call tho police, and himself went out into the street to do so. There he met Normile, and told him not to speak to him again or ho''would deal with him. Witness then returned to the ship and Normile camo soon .after. Witness told him to get out. Ho did not tell him to "get to out- of this." Normile, who was standing in tho companion-way leading to the saloon, was drunk, and ho again called witness abusive names. He also raised his hand as though to strike witness. Witness then hit put in self-de-fence, and then Normile kicked him. Cross-examined by Mr. Neave: Ho was not a prize-fighter or a scientific boxer.

"No Unwritten Law." lewis .Willett, steward on tho s.s. Maori, said ho came out from England on tho Tainui and was in the same sleeping quarters as Normile. At the shipping office on April 20, he saw Norinilo go up to accused, push a book he had in his hand, and speak abusively. His Honour said this would not bo evidence unless there was a threat used. Mr. Wilford: , Did not Normile threaten Carpenter in your presence?—"l can't say ho actually threatened him, but he made tho remark that Carpenter thought himself 'hot stuff,' and said he did not care for Carpenter." His Honour, interposing again a little later, said that it. was useless to say that the accused struck the other man it. self-defence. According to our law he should ffo away. Mr. Wilford: I shall call on an unwritten law. His Honour: There is no unwritten law and I am surprised that any man in a responsible position should suggest that thu jury should act contrary to their oath. It shows that lie has not much of an opinion of the jurymen to suggest such ii thing. ■ Lewis John Wahlers, purser on the Tainui, gave evidence as to language used by Normile in the shipping office. Counsel's Addresses. Mr. Wilford, in his address to the jury, asked them to believe that Carpenter was first insulted grossly by Normile, that Normile then refused to obey an order lawfully given by Carpenter, and assumed a threatening attitude. Violence was only justifiable in self-defence, but if a man saw 'another threatening to strike him, how long must be await before- he could be sure he was going to bo. struck? Must he wait until a fist arrived at the end of his nose? Counsel pointed to the evidence as •to the good character of accused, and submitted that the evidence for the defence was more worthy of credence than that for . the prosecution. • . . Mr. Xeavo said tlu evidence showed that Normile did not intend to assault accused. ■ The only question was whether he threatened to hit accused. It was remarkable that the prisoner had not previously complained of being kicked. His Honour Much Surnrissd, His Honour, in commencing tn sum un, said h<> was very much surprised to hear counsel for the prisoner say that he did not caro what the law was. Apparently this man was not to be tried by the law. Mr. Wilforil: Hardly that! His Honour, proctsdiw:, said it was an insult to the jury to ask it to set aside the law under which they dwelt. Were that done, there would bo an end of ordor in the community. We must abide by the law as it stood. Counsel had probably spoken without consideration, or he might have had more to say about the statement which he had made. The jury retired at 3 o'clock, and after twenty minutes brotijrlit in a verdict of guilty of assault, causing actual bodily hnrin. They added a strong recommendation fe 7iierej. Leniency and Public Sympathy. .His Honour said thot he would deal leniently with tho accused, as he believed the olfence was not predetermined, but wns committed in sudden boat. Ac-cu.-.?d was ti youii2 man. and a sentence of imnrisonincnt might snoil his career. It liiiist be understood "that, in dealinjf with' {hi , accused as ho was about to (loi he might be doing what would Jx- called stretching the law in his favour. His wages were, perhaps, not larco, and only a light fine would, therefore, bo imposed, but his Honour honed that this leniency would not encourage others to do what the prisoner -had done, or anything like it. nis Honour ordered tho prisoner to pay a fine of .£2O, in default, thrro months' imprisonment. Mr. Wilford stated afterwards that the money hud been collected in Court. Seine of the jurymen . contributed lo I'm , payment. The nrisoner was discharged.

FRACAS AT A STAGE-DOOR. ALLEGED BLOW WITH A BOTTLE. ■William Hamilton was charged with assaulting Francis jl'Cami on May ■>, niul CiUining him ae'.unl bodily harm, and with intent to cause erievou-i'bodily luiriii. .Mr. T. M. Wilforil appeared far the prisoner, who pleaded mt guilty. This was the "Opera House case," and M'Cann, who was oiiiyloyccl by Iho George Mallow Dramatic I,'ompaiyv as a scene philter, paid in his evidence, that he spoke' to accused and oihers ab.ntl using bad language at the slago door. Accused then called him an abusive name and struck him, and he believed he. hit accused 'jack. They fell down I lie slops tn the ground outside and grappled together. Accused took a boUle from his pocket ami fellorl witness with a Wowacross the face with the i)ottlc. Witness's lip was badly cut. AVhen he Rot up, ha saw accused running away. During crass-examination there was almost an altercation between Mr. Wili'ord and the witness. Counsel insisted thai witness should stand upright and not 101 l against the side of the box. Witness said lie was not gains to be drilled by counsel. The Chief Justice declined to support counsel's demand. "We have not got military training j-ct," he remarked. "I wanted to 'show the jury what sort of a man he is," said Mr. Wilford. A littler later, Mr. Wilford asked the witness if he was at all overbearing in his manner when he (old the men not to use bad language. ' Witness: Not at all. Quite quiet and gentle?—-"Yes, gomething like yourself." (Laughter.) Accused's Story. .Accused went inio the witness-box and said he had been in his present employMPiit with the Westport Coal Company for nine years, and was a married man with four children. He had left his house to go to the pictures, but on the way he had two drinks with a friend. They met Tim O'Gorman and two other people, and, instead of going to the pictures, they all went back to the same hotel and had three more drinks, staying there until 9.50 o'clock. Then O'Gor'mah was reminded that he had to go to the Opera House to ride a horse on the stage, so he took two bottles of beer and went, inviting witness and his friend Jack Kinsella to go with him. After Ins ride, Tim swore at some men on the stage, and wanted to fight them. M'Cann was not one of them Finally witnes. said, "Conic on, Tim," meaning to take him home. M'Cann said, "What arr you- doing here?" Witness answe.'ed, "I'm waitim; for Tim" M'Canu saij, "Get out, or I'll chuck you out ; ' Witness used no obscene language, but Jl'Cann threw him out of (ho stage door, followed him, and punched him it; tho face, blackening his eye, and hit him on the back of the head. He go: v.n dazed, and went away. Ho saw nothing of the bottle incident. Witness had done his best to find O'Gorman, but ha.! been unable to do so. To Mr. Neave: Before he reached the street, nfter leaving the Opera House, he saw M'Canii running after another man, and M'Canri's face, was bleeding. Among other witnesses for the defence was Hamilton's employer, who stated that he was a sober,'industrious workman. Prisoner was found not guilty. The Chief Justice, in .discharging the prisoner, said: "I hope this will be a lesson to you not to go drinking at night, again, and getting.into all this trouble. TO-DAY'S BUSINESS. Thq Court will resume at 10.30 this morning. The charges are to be heard in the following order:—Arthur Giffortl St. Clair Isbister, theft of a heifer and a mare; John , Maloney, criminal assault; David Irwin, breaking and entering and theft. The charges against Annio Peterson and Edward Reynolds in connection with the alleged unlawful use of a certain instrument, are to bo taken to-mor-row. {