USED A KNIFE!

NZ Truth, Issue 122, 19 October 1907, Page 4

USED A KNIFE !

A BATTLE BETWEEN NORWAY AND SWEDEN.

When Fereigners Fall Out

Aadersca Fall's 111.

j Fdurteen days' imprisonment doesn't seem much of a penalty to inflict on a person who has used a knife on another with harmful intent, but m the case against John Olaf Andersen, charged" with assaulting Henry Johnson heard at the S.M.s Court the other day, the provocation was so great as to induce counsel for the defence to exclaim, "I never heard of such a sentence !" Johnson, who said his proper name was ' Harry Ellison, is a stevedore, and he told the Court that the affair took place somewhere ofl Hainingstrcet. at 8 o'clock on the night of October 1. Andersen jumped out suddenly from the darkness, and remarked, with ferocity, "You b b , I've sot you now." Ellison (or Johnson) was naturally alarmed, but observed m a threatening voice, "Now look out ; don't come too close." Andersen then said, "I've got my b- — knife m my hand." Ellison saw the knife, and was discomposed by the sight, especially when Andersen made a furious lunge at him, cutting through his overcoat and partly through his ordinary coat. Ellison, v/ith great presence of mind, kicked out hard to keep the murderous person off, and that probably saved his skin. Andersen's last remark was, "I'LL RIP YOUR GUTS OUT." Thinking discretion the superior constituent of valour, Ellison bolted, with Andersen after him. He turned into Taranaki-street, where he found a policeman, to whom he exhibited his damaged clothing. To Mr Wilford : His real name was Mathias Ellison otherwise known as "The Lap," and he was marched into Court m the Grenberg case to be identified. "Harry Johnson" was the name he was convicted under last. That was also his name. His father's name was Henry Ellison, but m the old countr*- the Christian name was taken, whilst here it was the surname that was used. He had been fined for threatening behaviour and fighting. When Andersen was walking along Martin Square, it was not true that witness hit him behind the ear and knocked him down on his shoulder on the street, and he had not kicked him when he was down. Did you ever go up to a tram conductor at the corner of Vivian-street and Taranaki-street. and punch him on the head ?— No ; I only pushed him. Why did you do it ?— Accident, I suppose. Would you take your oath it was an ?— No, I would not. Did you go last Friday to Andersen's place and throw stones at his windows, and then offer to fight him for £20 ?— No. Were you at Andersen's place on Friday ?— Yes, I was. Will you take your oath you did not throw stones ? — No ; I threw some pebb/es at Jiis window. Oh, some pebbles ; what did you do that for ?— TTo see if he would offer to pa Tr for my clothes. Now, that story is very thin, isn't it ?— No. Ellison stated further that he didn't offer to fight Andersen, who had brought up the subject and REGRETTED THAT HE WAS A CRIPPLE. It was ridiculous to say that at any time he had challenged Macnamara to fight m Manners-street and had hung on to his clothes to force him into hostilities. Nor did he want to fight Patterson m the same thoroughfare: The above was Ellison's story, and it received slight corroboration by a wharf-laborer, who saw Ellison running down Taranaki-street with somebody chasing him. Also heard the pursuer say, "I'll rip your guts out," but it was tgo dark to identify the individual who had made the remark. Constable Mahony was the. bobby to whom the occurrence had been reported, and the zealous officer examined the incisions m the clothing. To Mr W l ilford he acknowledged he hadn't taken the coats from Ellison, but he didn't believe that individual had given the rents a judicious rip to enlarge them. Andersen's version was that he was proceeding along Martin Square, when Ellison came behind him and struck him Uehind the ear. felling him. When on the ground the brute kicked him, and Andersen raised himself on his knee and struck one blow at him. Ellison then- cleared off up Taranakistreet, With Andersen after him. El- . lison warned Andersen not to come too near, as he lvad something for him. The injuries sustained by Andersen necessitated a visit to Dr. McLean. When Ellison struck him, Andersen was smoking and had his knife m his hand. On Friday Ellison came out to where Andersen was living, md challenged to fight him for £20, cmarking, "If you don't fight me you will never come near that b wharf again." During the Grenberg case Ellison went up to Patterson m Manners-street and wanted to fight him, Patterson said. "I'll fight you for your coat." Ellison replied, "I suppose you want to fight for a coat because you've got no money." They did not come to blows. To Sergeant Phair : He admitted having the knife m his hand when knock e<l down. After getting the heavy blow on the head he did not remember striking out with anything, although he did strike out at the man who has two names. He had been convicted m Mount Cook Police Station for being drunk and disorderly. Also he had been aonvicted for playinn- "two-up" five or six years ago. Ellison was a Norwegian and Andersen a Swede. His Worship commented on the fact that both men were foreigners, and that. Iho.y were not disposed towards each other m a kindly manner. He considered that the evidence proved that a knife had been used, and it WAS* A QUESTION OP PROVOCATION. In the opinion of his Worship the provocation received did not warrant the use of a knife. Andersen would ; be convicted ami sentenced to four- ; I teen days' impri'-'fM'mpnt. ! [ Lawyer Willord save a gasp of as- '

tonishment. He commented that it was a rule of the CoUrt that wtifn a man had been knocked clown and kicked, the use of a knife was excusable under such strong provocation, if he happened to have had the knife m his hand at the time, but not if be had deliberately taken the knife from his pocket.

Counsel : I never heard of suoh a sentence. He asked his Worship- td fiy. the amount to be lodged against the cost of an appeaL His Worship made it ten guineas,, and allowed Andersen out on bail ifl his own recognisances. Mr Jackson endeavored subsequently to induce his Worship to impose a fine instead of imprisonment, as he found that Andersen couldn't appeal unless he had been sentenced to a month or over.

His Worship remained firm, and Andersen went to gaol.