NOT GUILTY OF ASSAULT

Dominion, Volume 14, Issue 32, 2 November 1920, Page 8

NOT GUILTY OF ASSAULT

AFTERMATH OF STABBING AFFRAY

CHARGE AGAINST NORWEGIAN

A charge of having assaulted David Coulston at Tauranganui (Martinbor. ough) on August 26 last, and of having caused him grievous (bodily harm by stabbing him in the side with a sheathknifo, was preferred against a Norwegian, Alexander Lindquist (Mr. A. F; Hogg), in the Supreme Court yesterday, before His Honour Mr. Justice Chapman and a jury of 12, of which Sir. J. ,D. MaeEwan was foreman.

I'or tile Crown, M.r. Jlacassey submitted that accused, during a drinking bout, had wounded Coulston with a sheathknifc, by an upward thrust to the stomach, inflicting n serious gash. Lindquist had, when Questioned by the police, doused the ownership of the knife, which was found after tlio occurrence.

David Coulston, the assaulted man, a labouror, gave evidence ns to a drinking party at the camp, "there beini' a couple of bottles of gin there," ho added. Witness went outside the houf? in which the party was being hold to try to find a bottle that was lost. Seeing accused, witness asked him whether ho had tho bottle, and received a negative answer. On touching accused's coat, witness found the bottle, and took it out of accused's pocket. A few minutes after this the blow with the knife was struck, accused then running away, followed by the injured man. who succeeded in reaching him, and throwing him to the ground. Only one blow was struck. The doctor was summoned at this stage, and ordered witness's removal to Greytown Hospital, where ho was still an'in-patient. Both witness and accused were sober.

Cross-examined, witness said he wa6 not a hard drinker, but could stand a good deal. . Mr. Hogg.- How did you get your practice?—"l don't know." . Further cross-examined, witness said he thought ho could remember all the details of tho case.

Counsel submitted that witness was drunk at the timo of the. alleged stabbing, but this the witness denied. H6 did not recollect the lamp being knocked over in tho whnre during a .scuffie. Mr. Hogg hero submitted that tho da> after the occurrence, when he was. in fear of death from the wound, witness made an entirely different statement to that made in Court.

Hugh Webb, medical practitioner. gave evidence as to examining' the wounded man, and described the nature of the wound. The man was then quite sober. The wound had not penetrated any internal organs, the thrust evidently being upwards. . . , An- Argentine mestizo, Martini, who was present during the fracas, gave evidence (is to the ownership of the knife, which he said accused wore in his belt, and always put under his pillow when in. bed. He' did not remember much, liav. ing boon "too full." He swore that when the constable took accused away the latter said: "I might get six months." Charles Whaibiri, tu evidence, said that neither Coulston nor the accused was sober on the night of the aifray, each having had "a few drinks." Accused had threatened to strike Martini, and Coulston had interposed. After receiving the blow, the latter stood up and said "I'm Btabbed!" Witness, saw accused holding the knife in a threatening attitude. Other witnesses gave similar evidence, For the defence, accused, in the witness box, said ho had travelled round Se world and had been in many "tight cornel's." He denied stabbing the injilreo" man. Martini had Riven him the knife, which witness used for cutting tobacco, ajul not as a means of self-de-fence. When the constable had spoken to witness, tho latter did not know ho liad stabbed a man. H« contended that Coulston fell on the knife and wounded himself. ' In his address, counsel'for the defene» said that tho bid theory of a "foreigner and 11 knife" should not be countenanced. Accused, being a foreigner, naturally thought himself surrounded by Natives (JTaoris), and produced his knife in sclfdefonce, as having travelled, he thought such natives were dangerous. . . Counsel submitted that Coulston's evidence was not reliable, and he did not remember much of the night of the party at the wharo. Evidence distinctly showed that tho accused had called out to his attackers in his own tongue, to desist, and at that moment Coulston on him and the wound wafe in Touted accidentally.' Counsel submitted that the knife was bent as if somethinc had fallen on it. Tho whole affair was n drunken orpy. and, thfl vcrdict should be "not > guilty." For the Crown, Mr. Jlacassey _ urged on the jury the necessity of considering the evidence, which showed that _ tho knife was not an ordinary one, specially sharpened ... His Honour referred to the case as one which wai not common in New Zealand, as men of the British race did _ not use knives in defence. The submission that Coulston fell on the knife was not nmri« when the constable arrested the fcorwogian, and this was significant. Ho thought it probable that all. parties concerned were under the influence of After a retirement of 33 minutes the jury brnucht in a verdict of not RUlltr.