SUPREME COURT.

Hokitika Guardian, 12 March 1926, Page 3

SUPREME COURT.

—«gg» o eaa»- < SITTINGS AT HOKITIKA. FRIDAY MARCH 12. (Before His Honor, Mr Justice Adams.) Mis Honor took his seat at 10.15 a.m. THE KING Y. WALTER JOHN THORPE. Charged on three counts that on 27th December did assault and cause actual bodily harm to Frederick Thorpe. A .plea of not guilty was entered. Air Joyce appeared for accused. The following jury were empanelled:—Stanley Bassett, 11. R. Sweney, AY. Al. Kceeh. ,1. N. Robinson, AV. F. Ziegler, Ed. Brown, A. Hamilton, V. AY. Al. Bonar, A. A. Andrewes, E. AV. Ileenaii, IL Stewart, Joseph Ilavill. Air A. A. Andrewes was chosen foreman. The Crown ordered L> stand by:— Bobt. IL Ferguson, W. A. Shadbolt. G. C. Oates. O. AleGuigan. Leo. Barlthrop, O. Borton. A\ . A. Wilson, \\ . A. Head, S. V. Holley. J. L. Fowler. D. IL Dowell. H. Wells. E. T. Stoop. J. G. Lynch. F. AY. Fane. Win. Stopfortli.

Mr Joyce challenged W. E. Perry. J Turner. W. NY. Goodfellow. G

Trippner. Air Park outlined the ease for the Crown and led evidence: Frederick Arnold Thorpe deposed he had a son Walter John Thorpe, who resided with him. on 27th December, at Woodstock. His son came home about (i p.lll. suffering from the effects of draink. Sat down to tea. I hey had a i'cw words and his son commenced to abuse him. using filthy language. Witness said he could not stand that and he would go. Went down the passage but then returned for his coat w hich was in his bedroom, which opens olli the tearoom, llad picked up his coat when his son smashed in and said be would do for him and struck at hi in with the knife produced. Witness put up his arms to protect himself. The point of the knife struck his face, and witness arm was bruised in defending himself. 11 is son made to strike him again and witness called out murder several times when his son left him and went out of the house. Blood streamed down his face and on to his clothes. Went to another son’s house and was washed and cleaned. His son left the knife on tlie table. To Mr Joyce—lie actually stabbed witness in the cheek with his knife. Witness had no knife in his hand. His soil held witness hv the shirt with his left hand and struck at him with the knife in the right hand. He was not excited and did not rush at his son with a knife. He son had paid for a trip by witness to Auckland and gave him Cl t to carry on. When witness came back his sou came to live with him. Ilis son paid the hills as far ns lie could, and silso milked the two cows. Witness never said a word about his soil drinking. Three days •liter the assault he came in to see the doctor for the wound in his arm. Constable Drummond deposed on 271!i November about (5 p.m. proceeded to Woodstock. Saw previous witness. Found a cut on left cheek about two inches long, a rut on the left I'orcjarm and also a fairly heavy bruise on the left arm. The front of the shirt was spotted with blood. Tbe wounds were merely superficial. The old man was apparently suffering from shock. Then went to the Royal Mail Hotel. Woodstock and found accused. Arrested him on a charge of assault. He said he would go quietly. He had no weapon in his clothes. Accused denied having assaulted his lather with a knife. He said if his father was suffering from injuries lie must have inflicted them himsell. Eater went to the collage and was handed the kniie produced, by Thorpe senr. Accused when arrested was suffering from the effects of liquor but was not drunk. William Alfred Erase was put in for cross-examination, lie deposed he resided 111(1 yards from Tiiorjrc. Saw accused who was going home to milk cows. Gave him some lettuce and onions tor tea. He appeared quite soher.

This was the case for the Crown. Air .Joyce called evidence. The accused, Walter .John Thorpe, deposed he was a sawmillluind residing , at Woodstock and resided with his father till 27th December. He went home that evening about 5.30. Afet ■ Crasc on the way home and received a parcel of lettuce and a cake. Took them home. His father was there. He asked what witness had and he told him and that he got them Horn Mrs ('rase. His fatther said witness had not been there. Later they sat down to tea and his father started an argument about the cows. Asked his father if lie were not satisfied with wbat lie was doing for him. Then his father jumped up and came round the table with a table knife in his hand. AVitness jumped up and pushed him away. Never noticed any marks or anything, and then walked to Ins room, got his hat and walked away. llis father followed him out. The knife produced was not the one his father had in his hand. To Mr Park- His father did nut go out of the room first. AVitness went out of the room first. His latlici came round the table alter witness ivith a table knife in his hand. They bad a sell file and witness pushed him away. II." drank occasionally. He was not violent after drinking. He occasionally had a row with his father. Three da vs after he could not see any mark on his father’s face at the police station. He might have had two or three drinks Itv fore and three after the trouble. He could drink two dozen medium shandies without getting excited. He had lieen drinking very little hetwovii Xmas and the assault. To his Honor—His father’s story was false. He must have said it because witness was of no further use to him. His father was a good living old man. He could not live with his father because he was too ill-tempered. AVitness had lived with him and gone away and come hack to live at his father’s request. He had calk'd his rather an old fool. He was the hist of the sons to look after his father. This was the ease for the defence. Air Joyce addressed tho jury. He said this was a case in "huh the father accused the son of having stable him with a knife. Reviewing the evidence Air Joyce claimed that it was impossible to conceive a young man endeavouring to stab his fatliei, aiu that if he did so that his father would have been able to prevent him causing greater damage. The jury would not be able to believe that an attack was made hv the son on his father. They must come to the conclusion that there was a reasonable 1 doubt and so they

could not convict. Mr Park said there were two sets of"circumstances told them, and they had to decide which set they woulc believe. He urged that they must accept the father’s story. Of the t"o who appeared in the box he thought tbev would agree that the fathers (itorv was tlw correct one, supported as it was by Constable Drummond. ' His Honor said it was obvious that if they believed the story of the father there was an eml of the defence. The accused stated he did not attack his father at all and that if any injuries were inflicted on the father they were inflicted by himself. They had seen how the father had shown where hv was injured, and they had to consider how it iv as possible if th<? father

had a knife in liis liand could Tiavo inflicted the wounds upon himself, when the son had pushed him away as the son stated in his evidence. It the story of the accused was right, how was it that the son did not see them. The .son explains this l»v saying the Constable had perjured himself anil that his father had also commit' perjury. If the son’s story was correct in the short tin« between the incident and the arrival of the constable, the father must have inflicted the wounds and have concocted the story. The jury had to decide on tb? facts. In the three counts they had to decide as to whether there was intent or that it was an assault, without intent.

The jury retired at 12.25 p.m

The Jury returned at 12.50 p.m. with a verdict of not guilty on the first count, that of assault with intent to cause bodily harm and of guilty of 'assault Jind dousing actual bodily harm, and of assault, with a strong recommendation for mercy.

His Honor intimated tlrat the prisoner would be sentenced next morning at 10.30 o’clock. thf. ktng v. bdayard sf.ari.e. A charge that on lfth November at Kokatahi did negligently drive a motor lorry and thereby cause injury to James Kilc.nllen. Accused pleaded not guilty.

Air Kleock appeared lor accused. Tho following jurv -wore empanelled:—ll. Wells. W. 'e. Terry. E. T. Stoop, L. Kelly, G. Oates. Loo Barlthrop, If. A. Finch, W. AY. 0 oodfollow, If. If. Ferguson. Alex Kra bosky f. O. 15.I 5 . AlcGuigan. O. Horton. Air O. P. AleGuigaii was chosen foreman. Mr Park for the Crown ordered the following to stand bv:—E. Lynch, O. Horton, AY. A. AA ilson, ,T. L. Turner, AA'm. Hall. AA'm. Slopfoilh. O. T. AfcGuigan. .). h. Fowler, S. V. Holley, J. IT Douglas, D. R. Dowell. Air Kleock challengedAA". A. Shad bolt, F. S. Orr. AY. A. Head, James King, Coo. Trippner. j,\ AA’. Fane did not appear when called. . ~ The. panel was exhausted ami those ordered to stand by were put in the ballot, box again. Air Park challenged Win. Hull, and AY. vStopforth befoer the two vacancies were filled. The Court adjourned at 12.t0 p.m.