DISTRICT COURT.—CRIMINAL SITTINGS.

Daily Telegraph (Napier), Issue 3013, 21 February 1881, Page 2

DISTRICT COURT. —CRIMINAL SITTINGS.

MONDAY, FEBRUARY 21.

(Before His Honor District Judge Kenny.) The Court sat at 10 a.m. On the jurors being called Mr Denholm put in a certificate from the Superintendent of the Spit Fire Brigade proving membership, and claimed exemption. Hi 9 Honor said the Act required that anyone claiming exemption on this ground must have a certificate that he had served twelve months, and this certificate did not specify any length of time, and he could not exempt the applicant. Messrs W. Mayo and G. Scarfe did not answer to their names, and were fined £2 each. A jury being empannelled, Mr McKenzie wae chosen foreman. ATTEMPTED SUICIDE. John Davidson waa charged with

attempted suicide, and pleaded not guilty. Mr Lascelles defended the prisoner. Gordon Gillies, examined by Mr Cotterill: Had known prisoner two or three years. Recollected the 27th January last. Had seen the prisoner occasionly, when he appeared very peculiar. On the night after New Year's Day he called him (witness) out, and said everybody appeared to be against him (prisoner ). He (witness) said it ■was only lownesfl of spirits, he would find he had a good many friends. Prisoner lived two doors from him. He saw prisoner on the night of the 27th. From something he heard he went to prisoner's house on the night of the 27th. He went into the kitchen, which was ia darkness-. He heard & rattling noise. He called for a light, and found prisoner hanging to the knob of the kitchen dresser by a leather strap fastened tightly round his neck. Tried to cut the strap with a knife. \\ as afraid of cutting the neck, the strap was so tight. PTe noticed it was only a running loop. Hβ cut the strap away. He then lifted prisoner up with the assistance of a man named Adamson. Prisoner appeared to be quite lifeless. They laid him out on the floor. After about two minutes he commenced to breath, and his eyes rolled. Soon after prisoner jumped up and eeemed delirious, and could not understand what had happened. Then he came to, and remembered what he had done, and said "Gillies, it is drink," and promised he would never touch drink again. (Strap produced.) That is the strap. Could not say if prisoner had been drinking.

Cross-examined by Mr Laseelles : His manner was sometimes peculiar. There was a nervous expression in his face. Prisoner had lately sustained a heavy loss in having his house burned down and everything in it. He was more peculiar after the fire than before it. Always took prisoner to be a very steady man. A little drink had a great effect upon him. When prisoner came to he eaid something about having had a few words with his wife. He often spoke about his loss, and said everybody was against him. He appeared to think that the fire at his house was not accidental.

James Adamson, sworn, corroborated the evidence of the last witness.

F. A. Wilson, constable, sworn, stated that he arrested the prisoner. Prisoner said be had had a few glasses of beer. He knew prisoner before. Never knew him to drink. He had no appearance of having been drinking. No witnesses were called for the defence.

Mr Cotterill and Mr Lascelles having addressed the jury, His Honor, in summing up, said the law provides a fine or imprisonment. If they were satisfied that this man was insane at the time, it would be their duty to acquit the prisoner. Insanity was not sufficient to excuse a man for attempted suicide; it must be an insanity which renders him incapable of knowing the nature or effects of his crime. A number of examples were given, illustrating the difierent kinds of mental disease. They should ask themselves whether there was any evidence that this man was insane. Was there anything further than depression resulting from a great misfortune ? If a man makes himself voluntarily drunk, and commits a crime, he is responsible for his crime. It is not sufficient to say that a man was greatly depressed. Unless he was quite incapable of knowing the nature and consequences of his crime, he was responsible for the result of the crime. In conclusion, he reminded them that, if they had any doubts on their minds, they were to give the prisoner the benefit of it.

The jury, after retiring for a few minutes to consider the verdict, returned a verdict of not guilty, and the prisoner was discharged.

On an explanation being given by Messrs Mayo and Scarfe, His Honor was pleased to remit their .fines for nonattendance at the time the jurors were called.

UNLAWFULLY WOUNDING,

Thomas Wilson was charged with this offence.

Mr Lee defended the prisoner,

Robert Baxter, examined by Mr Cotterill, said: On the Bth December last he was in the tap-room of the Commercial Hotel at 8 o'clock in the evening. He was alone. The prisoner came in. Never saw him before. Prisoner said, " who says I'm a Dutchman." Prisoner then said he was an Englishman. He then sat down. Witness was sitting. Prieoner then got on tp the table. He again saia be was an Englishman. Witness got up to go out about five minutes after prisoner came in. Prisoner then darted at him, and stabbed him in the left cheek. Blood spurted out. Witness put one hand to the wound. Prisoner then tried to make his escape. A man named Steele caught him.' The police were brought, and prieoner was arrested. He (witness) was led home. Witness was under medical treatment. Dr. de Lisle came shortly after the assault. He suffered for eight or nine days from the effects of the wound. Was unable to work. Did nothing to provoke prisoner. Cross-examined by Mr Lee: Was quite sober on the evening in question. I Was not refused drink by Mr Bell on that evening. He had had two drinks that day. Constable Harvey brought him back, and witness recognised him at once. He (witness) was sometimes quarrelsome when in his cups. David Steel, sworn, Baid he recollected the Bth December. He was at the Commercial Hotel. He saw Baxter there. He saw Baxter and prisoner talking. Baxter came into the bar, and witness served him. Prisoner came in afterwards. They were making a noise, and he told them to be quiet. Baxter seemed to get up to go away. Prisoner followed him, and appeared to make a blow at him. Baxter bled. He (witness) caught hold of prisoner and struck him. He got assistance. Prisoner said he had no knife, but any doctor's expenses he would pay. He then went for the police. Cross-examined by Mr Lee: (Witness described the position of the room in which the occurrence took place.) Prisoner and Baxter were only there a few minutes. They were very noisy. He heard Baxter say, " I should take you for a Dutchman by your talk." Baxter took up a parcel he had, and looked as if he was going away. The prisoner was moving about. Baxter was sitting sideways to him. He went in at once when he saw what had happened. He said to prisoner, " Where's the knife you struck him with." Prisoner said, "I have no knife." He didn't find a knife. Baxter was sober when he asked him for a pint of beer. He had seen the prieoner during the day. Arthur Plank, sworn, said he was barman at the Commercial Hotel. He saw prisoner at the hotel during the day. Prisoner wss there in the evening. He saw Baxter in the tap-room. The prisoner came in, and witness served him with a drink. He then went to light the lamps. When he came back he saw Baxter with his hand to his cheek. Steele had hold of the prisoner. He heard prieoner say he -was innocent.

Prisoner said he would pay the doctor's fee.

Crosi-examined by Mr Lee: Steele served Baxter with beer. The lamps were lighted between 7 and 8. There was a light in the tap-room where prisoner and Baxter were. He saw the prisoner go round the passage to the tap-room. By the Bench: Prisoner was half drunk when he came.

Constable Harvey/sworn, said he went to the Commercial Hotel at 8 o'clock on Bth December. He saw Baxter in the tap-room with the blood flowing from the left side of his face. The prisoner was in the passage at the tittle. He brought the prisoner into the room. Baxter eaid, " That's the man that stabbed me." He then arrested prisoner. He searched him and found a knife in his trousers' pocket. (Knife produced). A handkerchief (produced) was in the same pocket. He should say the stains handkerchief were blood.

Cross-examined by Mr Lee: He searched prisoner close to the tap-room door.

Dr. de Lisle, examined by Mr Cotterill, said : On the evening of the Bth December he went to see Baxter. He was suffering from an incised wound on the cheek about an inch long. It was a deep wound. He dressed the wound. It could have been made with such a knife as the one produced. He afterwards went to Plank's Hotel, and saw the place where the occurrence took place. He saw the blood on the floor. There was an amount of danger in the wound. Baxter was under his treatment for a week. Cross-examined by Mr Lee: Baxter was drunk when he aaw him. By the Bench : The loss of blood would not sober a man. It would have the reverse effect.

Joseph Bell, examined by Mr Lee : Remembered the Bth December. He saw Baxter on the morning of that day. Did not recollect refusing him drink in the evening. No witnesses were called for the defence.

Mr Lee addressed the jury. The Court then adjourned until 2 o'clock.

At the re-assembling of the Court, the jury returned a verdict of guilty on one count, that of unlawfully wounding.

The prisoner said he didn't know any thing about it. His Honor, in passing sentenje, said he quite believed the prisoner when be said he didn't know anything about it. It appeared that he was in a state of drunkenness bordering on madness. He would pass a light sentence. The prisoner would be imprisoned and kept at hard labor for nine calendar months.

INDECENT ASSAULT,

David Power was charged with this offence.

Mr Cotter ill prosecuted, and Mr Lee defended.

The case was proceeding when our report left.