DOMESTIC TANGLE

Dominion, Volume 12, Issue 198, 16 May 1919, Page 3

DOMESTIC TANGLE

A FIGHT AT NIGHT A WOMAN, TWO MEN AND A , •■.:■. ' , KNIFE ;■■-.;■; Percy /Cnshman,- a. returned ' soldier, pleaded not-guilty.in the Supremo Court yesterday to a.chargo of assaulting;Matf. thaw, Willie... There-.were.three counts' in_';the indictment—attempting: to'-.-".do gi'ievoHs.bodily harm arid.wounding one Matthew Willie; , , assault causing actual bodily, linrniraM assault, ' ' > ' His ■.-Honour',. tho Chief Justice- ■• (SirRobertrstout),,was on tho Bench.; Mr. P; S. IC. Macassey, of the Crown Law Office, appeared for t!fe-;C'rown, and Mr. P. W. Jackson for tho accused. Mr. F. Blaokburn was foreman of the jury., -Mr. Macassey briefly outlined the ense and then called witnesses. - ' ■ Dr. L. A. Line stated that he. was, .called to tho Wellington South Police Station late on the night of February 26, and examined Willie. Tho mail Tiad a horizontal wound below the kift eyeand a cut on the scalp, both ..requiring Britches, and thero were cuts about t -,the face. The wounds were not dangerous. Matthew. Willie said he know Cashmnn, who was a returned soldier. \ Witness also was a returned soldier. Two or three nights before tho assault the .accused, approached witness and asked him .what he meant by carrying on with his wife. Witness apologised immediately, and- Cashmnn demanded ,£2O. Ho said: "I .'am going to leave my wife and get out of town at your, expense.". He wanted' , to know if his wife had.told witness about ' this , money, and witness said ho was-rot' fold. Cas'hman then took .witness to'Ms, wife and asked her if she had told'-wit-Jiess about the money. Mrs. Cashmiin then 6aid that Cashman wnnted compensation. Accused then asked witness what lie' was going to do, and. brought out a knife, and said: "Do you know what I have a good mind to do? I have a good mind, to draw this across your throat!". Hβ ga-vei Cashman a written apology. • ' Cashman wanted witness to fight, 'but , witness replied that he was not a. fit man and -that he was still under ' thedoctor. Witness had suffered from shellshock. ■. Witness asked Cashman what he wanted', in compensation, and he- re- . plied he] wanted ,£2O. Witness'said he would see what he could do, and the next' day he consulted a solicitor/ On the night of "the assault his brother-in-law came to . his home.about 9.30 p.m., and.thev both •went out. • In. going,up Bussell Terraco they eaw- Cashman and.his wife on the other side of tho street. , and witness called out and asked Cashmnn if he wanted to see him and asked him if he ivas'after that ,£2O. Casbmtin said "Yes," and witness said he had better go down . and see his solicitor. Cashman then, "taunted witness about fighting, and said ■he was:not a man. Witness replied, "T will,show you that I am a man, and will fight you." With that, he took off his coat. "Young, the brother-in-law-of the. witness, was asked to fee fair play. /The /first thing witness felt was a tap on the top of the head, and he shouted out, "He is stabbing me; don't let bim murder ' me." They fought on with their fists, and .after a, time witness-saw. Cashman tfyrow something away. The fisrht was renewed, and. Cashman started kicking, and witness retaliated.' Young separated the men, and eventually took the- witness,•who was bleeding freely, to the police station and lodged a-complaint. In cross-examination witness, said fie ■ was frequently in the company of Mrs. r Cashman. He met her every evening at o'clock. Witness knew she was mari'ied and that her husband was at the front. The'lino.'of the cross-examina-tion led to frequent.rebuluis. from .His Honour.- -, : :'• • . • .- '■■ ;;. .' , ■, .. . - , J. A., Young, brother-in-law of .the Inst ■witness, said : that tho Cashmans. called at this plaoa looking-for Willie, 'and. ■ when the latter came■ in, he' was,-itokl that Cashman wanted' to see him. -Witness and Willie ..went' together and met . Cashman.. in.Knssell , ; Terrace. ; '.-'HeO'dejribed..\th.e Jght and heard Willie;'call. Jit, "He v is<Stabbing'me."- ; - ' ' ' ,: " '••'• ■-• John Raa, bread-carter, who was in Uussell Terrace.on .the,night ,of the assault, said he'l'eard Willie 6ay, "He. is. stabbing me." .'•'"'■,, • Constable , C. Joss gavn evidence «z to the arrest of the accused, and Constable F. Baker testified to the finding of a bootmaker's knife near the. ulace where tthe fight .took-place.i - ; -v--- •■■'<'>■-■■.'■■'■-■'■,■ '■-■■' ;, This closed the case for the prosecution.- ■■'.-■. ■ ; : For the defence Mr,. Jackson.snid that jGishman- and his wife would give evi- ' dence. The , accused would not deny-that itj.ere was a : fight, but he 'would , .deny,that ~ he intentionally used a knife on Syillie. 'When he returned to New Zealand he . heard of the carrying on between his ;..'. wifo and Willie. Ho saw Willie and arranged with Him that he (Cashman) , (should go into the country and leave Willie to look after his wife and two children. Willie agreed to pay ,£2o* to "■■ enable. Cashman to get away. There was an' appointment for Wednesday, which Willie did not keep. They ■met. later in the evening, and Willie-in.a sarcastic way told' Cashman to see his lawyer for tho>money.- There was a fight, and when Cashman heard the words, ! 'He is stabbing me" ho realised that* ho had a knife in his hand, which he immediately threw 'away. The accused Cashman, in giving evi- <.■ dence, said he returned from tho front v on February 23. He was .a married man •:.: with two-children. When he returned ho heard something about Willie and his wife, and by appointment he saw Willie, at his house. He accused him of_ carrying on with his wife. Willie ad- .■ initted.it and tendered a written apology which he had brought with- him. Witness, asked Willio if he would take up the' responsibility of looking after the . wife and children, and that he (Cashman would go into the country. He asked Willie for .£2O, and he (Willie) said he had not tho money on him, and to give him until the Wednesday. He did-not turn-up at the appointed hour, and he. sent his wife to Willie's place,to tell him lo come over and see witness'!" Later on that evening- Willie and his brother-in-law, Young, were in Russell Terrace, . find Willie came over and asked witness if he was/after the money. Willie told -. him to seo his. lawyer about it. With ••' that (witness invited .Willio.to fight,,and the; latter said ho would, fight,' and rushed afN'witness. When he .'heard someone singing out, "Ho ir stabbing me," be realised he had a kiiife in 'his hand. ; His Honour: How do' you fight—with your open bands? -. . _ . , Accused I , I' had "the' knife , in' my hand . only, a: few seconds.':''.;.'' • : : \ . > In further ■..■questioning,', His 'Honour ■ elicited the fact that tho accused had .' the knife in his possession practically the whole of tho day. and had it in his hand when he met Willie. < Mr. Jackson endeavoured to explain ono of the answers given by accused, whep he was severely rebuked by His. Honour, who told him ho ought to know better. Continuing his evidence, the accused ■ said he had been drinking during tho ■ three days because of the domestic trou- - We. Ho did not know that he had the knife in his hand when ho was fighting' ■;.- In cross-examination accused admitted that he challenged Willie to fight. He was at .present living with his wife. Dorothy. Cash man, wife of the accused, ~ paid she knew Willie. She wcht out with' . her husband on the night of the assault. ' She did not see a knife in his possession. She sa'wthc knifo (produced) in her" house earlier in the evening, : : about 7 o'clock, but not after that. Thero ,was an appointment for Willie to come '.i. to her house at 7 p.m. on Wednesday to meet her husband. He did not como and witness went to the houso .with' the obiect of getting "Willie to come over. When they met in "Russell Terraco Inter in the evening, Willie told her husband to see his lawyer about the money. There ■was a fight, which she witnessed. She was on good terms,with her husband. In summing up His Honour said ilo one could condone Willie's conduct, but ho warned the jury- against taking that '*■ into account as an excuse'for.using the knife. All that the jury had. to find was whether the :accused used ;a' knife' on Willie or not. • ' ■■:■' " : .' ■".'*. The jury retired at 12.45 p.m. and' returned at 2.15 D.m. and announced that ■ thpv were unable to agree. His Honour: Then I am afraid I .cannot discharge von. You must be nut four hours. If you are unable to agree at a quarter to '5 o'clock you can be discharged. The foreman: We want to know whe-

tb.or.we can bring in a yordict that the junn was injured in a fair fight. His Honour: What, villi a knifo in the other man's hand! The foreman: We cannot agree as to how thoiinjuries 'were Received. His Honour: I may i-ay it ie extraordinary if OBft man ctm usp a knife on nni'tlier Jti-the public street. I have notlvsft More t& ssy; if you cannot decide how tW injuries w«o received the only ■ t!d% !i»' do ie i> ctogreo. i haro 'nothing mow to Jay.' r.?i'Ro. jiiry Agnin retired .and returned at 4.'l,'i p.m. and announced that they 'were th.ogre?, arid foro disuharged'u'jMl this morning, , I!'|-; Mhciwsoy' asked for'a now trial, whWi wna 'granted. V