TRIPLE ASSAULT

Hawke's Bay Herald-Tribune, Issue 103, 18 May 1937, Page 10

TRIPLE ASSAULT

Man Found Guilty in Supreme Court JURY URGES LENIENCY On cliarges of assaulting Robert Spears,' Alfred Qharles Cording and Isabella Cording at Napier, Samuel Smitk appdared for trial before the Chief Justice, Sir Michael Myers, in the Supreme Court at Napier yesterday. Smith, who was represented by Mr S. H. Morrison, pleaded not guilty. The jury retired at 3.35 p.m. and returned at 4.40 with a verdict of not guilty of the first and inajor chaige— that of assault with intent to do grevious bodily harm — but guilty of assaulting both Spears and Cording so as to do3 aotual bodliy harm and of assaulting Isabella Cording. Tho jury added a request for leniency. Accused was remanded for sentence until hriday morniiig. The i'ollovving jury .was empauelled: C. H. Jobnson, E. iVl. J. Matthewson, B. Hansen, C. W. Hassel, J. Jones, F. McKinnon, ,L). H. Hastie (foreman), H. C. Casler, G. Blunstone, K. P. Falby, I. H. Alexander and J. McGhee. The defenee challenged six names and the Crown two. In outlining the case, the Crown Prosecutor, Mr H. B. Lusk, explained that all charges arose from the same occurrence. Smith had known the Cordings for about 10 years and had been staying with them at the time. Smith went to the liouse after liaving had some drink and met Spears there. Smith demanded tea at about 10 o'clock at night, and wben this was refused he suddenly struck Cording and later hit Mrs Cording. Spears told Smith to stop and then walked to a bedroom, but Smith followed liim and hit him on the head with a broom. Dr G. E. Waterworth, Napier, said he was called to Cording' s house after thc occurrence, and he detailbd the injurics suffered by Spears, which he thought couVl have been the result of a forceful blow with » broom. The injurics of Mr and Mrs Cording were also detailed. Both men had been removed to hospi|,l. Cross-examiued by Mr Morrison, witness admitted Cording' s wound could bave beeu caused by a i'all. He could not say whotlier any alcohol had been taken. s Cave No Provocation. Robert Spears' deposition was read to the Court. He said that he gave Smith no provocation for hitting liim and did not know wliat started the disturbance. He had been in hospital ever since, Isabella Cording said Smith came to tlie house about 4.30 p.m. He was then not drunk but had had clrink and was in a quarrelsome mood. There was no drink in the house at that time. Smith beeame troublesome about 10 o'clock and was told by Cording to keep cjuiet. Smith picked up a ckair and hit Cording over .the head with it, knoc-king him to the floor. Smith weut to strike a second time 4ud Mrs Cording put out her arrn to protect her husband's face. Smith then struck her. While help was beiug sent for, Smith knocked Spears to the floor with a broom, breaking the broom A numbcr of blows were struck, after which Smith walked out and smashed the kitchen window with his fist. Cross examined by Mr Morrison, I\lrs Cording admitted that drinking had taken place before Smith' s arrival, but Smith had had no drink in the house. Smitk had refused to have tea. Witness spent the evening in her Oedroom after tea. Spears was left in the kitchen, but Cording was with her until about 9.50, when lie went out jtnd told Smith to be quiet. There was no liquor eonsumed duriug the evening, and Cording had had no quarrel with Smitli and did not say anything provoking to him. Cording left the house about 10.15 and went to get his son-in-law, and he was not there when Spears was assaulted. After being injured, witness returned to her bedroom, but she did liot take the broom with her. Alfred Cording said that about 10 o'clock bis wife asked him to go out and quieten Smith. He asked defendant to keep quiet, but he was suddenly struck by a chair. He wandered away from the house after being hit but could not remember where he went, Cross-examined, witness said that only about two cups of beer had been drunk all day, and there was no beer at all in the house when Smith arrived. police Evidenoe. Constable Campbell, Napier, said Smith saw him at the police station about 11 a.m. on the night of the alleged otfence. Accused was not drunk but was under the inliuence of liquor. Witness acconipanied him to Cording' s house, where he found that a fair amount of beer bad been spilled on the kitchen table. Constable E. J. Grove corroborated tbe evidence of tbe previous witness. Detective K. W. Mills, of Napier, detailed a visit to Cording' s house. He said that the accused told him the reason for the trouble was that he had come home for tea and found the fire out. •*' t got wild and hit Spears and Cording — but only with my fists,"Smith had told him, adding that he had had only two §mall "handles" out of a gallon jar of beer which he had taken to Cording's house. Accused was later arrested and charged, when he said: "I'm responsible. 1 came to the police station to give myseif up." He did uot complain that he had been assauited and mado no mention of any provocation or accusatious. The i'urniture in the kitchen was quite orderly, but the window was brolcen. There were ! two cups on the table, but they had ' contained only tea. After the accused had returned from Court the following mornihgi he had complained of | pains in the b&ck . He had no cuts or . brnises which might have resulted from. a fight, but there were small pieces of skin toru from, his fingers. This concluded the case for* the Crown. The defenee called only one witness, Dr. A. C. B. Biggs, of Napier, who

said he had examined Smith at the Napier gaol when he had complained of pains. His thumb was swollen and sprained, and he had severe contusions on the right side of the chest, which could have been caused by a blunt instrument. Cross-examined by Mr Lusk, witness agreed that the sprained thumb could have resulted from a broom breaking in his hand and the contusions might have been caused by accused throwing himself on the floor of his cell. ' 'It has been suggested that tkis was a brutal attaek out of which Smith emerged unscathed,"- said counsel for tbe defenee in addressing the jury, "but I submit that the accused was provoked, a fight ensued, and accused merely defended himself and suffered injuries in doing so. Now that so long has elapsed, you cannot accept the evidence that the accused brutaily attacked these people." Spears was an elderly man, and it was difficult to believe that Smith could have followed him. into his room and brutaily struck him. Mrs Cording had admitted there was drink in the house, and, while lquor was not an excuse for an assault, the jury was entitled to consider all t'he circumstances, There had been a gallon jar of liquor at ruidday but only. a spoonful left when Smith arrived home. What had those in the house been doing '! asked Mr Morrison. Spears had said that all of them had been drinking, but Mr and Mrs Cording denied this. Again, Mr Cording was not sure whether Smith had had any tea and said he had not had any himself, whereas Mrs Cording had said they all had tea. They had, according to their evidence, allowed a man to sit down muniibling to himself for five hours. He had asked for some tea and then the next thing he had done was to pick up a chair and commit a brutal assault. "More Than That in It." Cil don't think you can accept this evidence. There was more than that in xt, but as you have seen I can t get any further with the witnesses," added Mr Morrison. He submitted that Smith had been provoked by Cording and that a fight and scuifie nad ensued during which Mrs Cording had broken the broom over Smith' s back when he was in a stooping position. He had struck tbem in seli deiep.ee. Smith was entitled to defend himself, and that was how the others had been injured. "I ask you not to believe the evidence oi Mr and Mrs Cording. Can you imagine that a man who was told to be quiet would pick up a chair and knock people down?" asked Mr Morrison. "You have been told that Spears saw a man knocked to the floor and then said: "Don't be silly," and walked calmJy into his room, after which another man came along and hit him. 1 say that Spears^ intervened, and in his own statement he says that things were 'flying about' and he went to stop Smith. I submit that all tbe injuries were the result of an ordinary rough fight and were not done intentionally, and. in these circumistances the charges would be reduoed to common assamt." The Chief Justice, after reviewingi the i'acts of the case, pointed out to the jury that, as far as he could see, Mr Morrison' s suggestion of what took place appeared to be based upon no evidence at all. It was suggested by Mr Mon ison that there had been a fight of three against one — and the three had been seriously injured. If there wero anything in this theory, one would expeot the accused to mention it when charged by the police. Yet he had gone to the police and admitted being responsible. The jury, after about an hour's retirement, brought in a verdict as already stated.