A STRANGE AFFAIR

New Zealand Times, Volume XLIV, Issue 10281, 16 May 1919, Page 6

A STRANGE AFFAIR

TV/O RETURNED SOLDIERS UNFAITHFUL WIFE CAUSES DOMESTIC DISCORD. The Supremo Court was engaged yesterday with the hearing of an assault c-aso containing rather extraordinary details. Percy Cashman, a returned soldier, pleaded not guilty to a charge of assaulting and causing actual bodily harm to another returned soldier named Matthew Willie. The Chief Justice (Sir Robert Stout) was on the Bench. Mr P. S. K. Macassey appeared lor the Crown, and the accused was represented by Mr P. W. Jackson. Mr F. Blackburn was foreman of the jury. The first witness called was Dr L. A. Line, who said he was called to the Wellington South Police Station on the night of February 26th, and examined Willie. There was a horizontal wound below the left eye and a cut on the scalp, both requiring stitches. There wore also cuts about the face. The wounds were not of a dangerous character. Matthew Willie stated that two or three nights prior to the occurrence Cashman questioned him as to what he meant by carrying on with his (Cashman's) wife. Witness proffered an apology, but Cashman demanded £2O in settlement of their differences. Cashman said he was going to leave his wife and get out of town at Willie's expense. Subsequent to that meeting Cashman asked Willie what he was- going to do about ' compensation. He then brought out a knife and said:— "Do you know what I have a good mind to do? I have a good mind to draw this across your throat." Witness declined Cashman's invitation to fight, saying that he was not a fit man and was still under the care of a doctor. Asked by Willie what compensation he wanted Cashman put the figure down at £2O. Witness promised to do what he could, and tho following day ho consulted a solicitor. On the Wednesday night witness left his home in company with his brother-in-law. Going up Russell terrace they saw Cashman and his wife on the other side of the street, and 'witness called out and asked Cashman if he wanted to see him. He asked him if he was after the £2O. Cashman replied in the affirmative, and witness said ho had better go down and see his solicitor. After some words a fight ensaed. Tho first thing witness felt was a tap on the top of the head, and he shouted: "He is stabbing me; don't let him murder me." After fighting with fists for a timo witness saw Cashman throw something away. Following this there was more fighting, and both combatants indulged in kicking. Cross-examined by Mr Jackson, witness admitted being often in the confpany of Mrs Cashman before Cashman returned from the front. Tho Crown called further evidence on the lines of that given in the lower court. .

In tho box,'the accused said that when he found what had occurred he nskcd "Willie if ho would be man enough to take charge of;his wife and children and lot him leave the town. Willie replied that he was quite agreeable to the proposal, and Ca-shman asked Willie for £2O. He said he had not the money on him, and Cashmaii gave him till "Wednesday to find the money. Willie failed to keep the appointment, and he sent his wife to Willie's place to toll him to come over and see witness. Later 't'hat evening, Willi© and his brother-in-law were in Russell terrace, and Willie came over and asked witness if he was after tho money. Willie impudently said that Cashman had been to see his lawyer about it. Immediately witness invited Willie to fight. Tho latter agreed, and rushed at Cashman. It was only when ho heard someone calling out, "He's stabbing me," that he realised he had a knife in his hand, and threw it over the fence. Accused added that ho 'had been drinking during the three days because of domestic worries.

Dorothy C'ashman,. wife of the accused, said she did nob see a knife in her husband'3 hand on the night of the assault.

In his summing up, his Honour said no ono could condone Willie's conduct, but he warned the jury against taking this into account as an excuse for using the knife. All the jury was required to find was whether accused used a knife on Willie or not.

The jury retired at. 12.50 p.m., and at 2.15 returned with the announcement that there was no possibility ot an agreement being reached. His Honour: Well, I cannot discbarge you, gentlemen, till four hours has elapsed. The foreman: Can we bring in a verdict that Willie was injured in a fait fight? His Honour: What! With a knife? The foreman: AVe cannot agree as to how the in jury was inflicted. His Honour: I must say, it is a very extraordinary thins if one man oan b© allowed to use a knife on another. If you cannot decide how the injuries were inflicl'cd, the only thing to do is to disagree. I have nothing moto to say to you. The jury then retired to rooonsider the matter.

The jury returned at 4.45, and reiterated that there was no possibiljty of an agreement being reached. A new trial was. ordered for next week.