SUPREME COURT.

Hokitika Guardian, 27 May 1918, Page 4

SUPREME COURT.

ASSAULT AND THEFT CASE

Auckland, May 23

At the Supreme Court Fritz Schumalkuche, formerly a prisoner at Samoa, was charged with assaulting Franz Volkmer, a fellow prisoner at Motuihi, causing bodily harm. Schumalkuche admitted Striking Volkmer, but raised the question of the court’s jurisdiction, claiming, that he was a prisoner of war.

Judge Stringer said he was prepared to refer the point to the Appeal Court, but would try prisoner in the meantime. Finally a plea of not guilty was entered.

Evidence was given that accused hit Volkmer calling him opprobrious names.

Accused said Volkmer had created much ill-feeling owing to his revolutionary views.

A verdict oi guilty was entered

Prisoner complained about his detention in Mount Eden Gaol for six weeks, owing to being unable to arrange bail. He had to associate with criminals, and had suffered owing to his nationality.

In view of prisoner’s detention at the gaol, no sentence was imposed, and accused made no further reference to the court’s jurisdiction. Vladimir Karevich, a Dalmatian, on two charges of breaking and theft and one of escape from custody, was sentenced to two years’ imprisonment on each charge, the terms to be concurrent.