POLICE COURT. TE AROHA. THURSDAY. MARCH 14th.

Te Aroha News, Volume VI, Issue 351, 16 March 1889, Page 2

PO LICE COURT. TE AROHA. THURSDAY. MARCH 14th.

[Before Messrs Hunt, llott, »nd Johnson, J.'sP.] PoLli-K v, John VVooci : — The aceiwl wns chiiryqd with, that he did on Fcbiudiy

l^th, unlawfully and maliciously wound one Frederick Hyde by stabbing him in the facie with a stick, etc. at Te Arolni, Sergeant Emerson conducted tho case for the prosecution, and Mr Cotter, solicitor of Auckland, appeared on behalf of Wood. Sergeant Emerson in opening the case briofly stated the circumstances in connection therewith (the particulars of which have ah em! y appeared in these columns). The following witnesses for the proseculion were then examined :—: — Frederick Hyde (sworn) said ; 1 am a labourer, and have been in Hamilton Hospital for the past five weeks. I Know the acoured. I remember seemg 1 Wood at the Hot springs Hotel on the 11th February last. He eamo into the hotel in company with two others, one of whom was an old man. Aoi-imed wanted the old 'man to " shout " w liich he declined to do. A caused then said we'll shake for drinks, and the old man said no, I fame in to get a drink, and I don't think J am justified in " shouting." I was in the bar when accused entered the hotel, but when I saw them I wont into tho passage. The old man referred to me when he paid he would not "shout," and I replied I would not be im~ posed upon. Wood's asked me what it had to do with me. I replied it had nothing to do with me, certainly not. Wood's said I have, seen the like* of: you before. I said no, you never saw me before without it was during the last day or two, since 1 came to Te Aroha. Wood's said I'll bet you drinks 1 know where you came from. I •'aid I'll bet you drinks you do not, when accused leplied you ctmie fiom your mother, and I have won the bet. I replied no 1 came fiom my father first, and I consider you have lo«t the bet. I referred to the persons piesent who agreed Wood's had lost the bet. I asked Wood's if he was goin& to pay for the drinks, and he replied No. I then said to Wood "You .ne the essence of a t- oo t." I then lifted my foot iwith contempt and said " you are not worth that, I ' but did not kick him, I also placed my hand on hisshoufder to attract his attention. Wood's was passing me at the time. When he y;ot to thedooi h«tui tied round ai.d viciously stabbed me in the face with a ti true stick that he hud in his hand. The. blow was not ticcidental but was done wilfully and maliciously. Never saw Wood befoie that day. I still feel very far from well. My nerves are all shattered. I could not work it' I tiii j d, in fact I could not walk fiir I suffered frightful pain fiom the effVr-ts of the injuiy, 1 c<innot see miu-h with the right e^e now. My eyesight was good previous to this but now I can only see very itnpeitectly with my ri^ht eye. I suffer pain at the back of it, and cannot discern with it. By the Sergeant : — Have you been asked to settle this matter by any person. MrCottt r objected to the question, as put, and the Bench upheld the objection raised by Council. By Mr (Jotter : — I do not recollect any conversation taking place in the bar, Ido not know a man called Liipsey. ( Mr Lip^ey was here asked to stand forward, and Hyde then said he recognised him as having been in the hotel that day, and remembered speaking to him in the hotel). I certainly did not use any offensive language to Lipsey, nor did I call any one a loafer. I am certain I did not call a young man a loaferfor allowing the old man to " shout." I otnnot now recollect what took place while my depositions were being taken, as I was too ill at the time, but I do not remember making that statement. Whatever statements I made then were correct. My depositions are correct as then taken. Mr Cottar here asked that tne depositions referred to (taken when Hyde's life was supposed to be in danger) might be produced. The Bench after considering the matter, declined to accede to Mr Cotter's request, on the ground that the depositions refened to were only intended to be used in evidence, in the e\ent of Hyde's dying before any charge could be heard, and not now, seeing Hyde was present in person to give dence-Cross-examination continued ; — To the best of ray knowledge I did not call Lipsey a loafer. I did not stand in the way of tho accused to prevent his leaving the hotel . I did not kick the accused, I merely lifted my foot to show him the contempt I felt for him. Will swear positively, I did nothing to Wood, beyond putting my hand on his shoulder, I have some recollection of putting my hand on Wood's shouN der, but did notcatch him by the collar. It was not until Wood refused to pay for the drinks that I showed my annoyance at the mention of my mothers name. I did not hear the accused say after he had stabbed me " My God, Charlie I did not mean to do that," nor words to that effect' In reply to a question from the Bench as to liow he came to be in the company of the accused and the others ? Hyde said : I had been in their company before that day, and seeing them again in in the passage went round and joined them. The sole reason of my getting angry with the accused was because he brought my mother into the question in the manner he did. I tried to pull the stick out myself but could not do so, others tried but failed, it was subsequently pulled out with a pair of pinchers. Dr Kenny of Hamilton (sworn) said : lama duly qualified medical practitioner of New Zealand, in charge of Waikato Hospital, Know Hyde from having attended him. When ho was admitted to the Hospital on 15th February last he was suffering from a wound about half way between the inner angle of thq left eye and the bridge of the nose. The wound had been stitched, but one of the stitches had carried awa}'. I was told that the wound was inflicted with a ti-tree fctick, and from the poisonous nature of the wood I considered it wise to remove the 7 other stitches. After this I probed the \yound, The stick produced would be sufficient to cause the wound. It is impossible to tell at this stage if he will recover the use of his eye, if he has lost it, but as far as his bodily health is concerned I think he is nearly as well now as ever he was, but on account of the shock to the nervous system, it will take at least a month to set him up fit for work, even with good living. The eye may be more or less permanently injured. By Mi Cotter : — The fracture has gone right through the m»al bone It would require a fair blow with the stick to inflict the wound. As far as I can judge the stick appears to have gone towards the other eye. By the Bench ; 1 e<>n-.ulcred the man's hl'u was in danger foi five ors»ix d.iys after

his admission to s the Hospital. It is quite possible for the piece of stiok to have gone in two inches, lam nobin a position to state positively whether the eye is permanently injured. The blow would be sufficient to cause the injury to the eye. James Don (sworn) Rtated : I am an hotelkeepei, of the firm of Smith and Don, and know accused intimately. Never saw Hyde before the day of the assault. Saw accused and Hyde in the hotel on the 11th February last in the afternoon, between 4 and 5 o'clock. Hyde was then in the bar, and Wood, Lipsey, B»-ennan, and Clotworthy, in the lobby. The last four were having drinks together. Hyde went round to where aocused and the others were and asked Lipsey for a pipe of tobacco. Lipsey replied I do not smoke, when Hyde said said " Why you are smoking now." Lipsey was smoking at this time. When Lipsey was going out Hyde nailed him a loafer. Accused asked him if he knew what he was saying, and said the man that's just gone out is a gentleman. Accused and Hyde had a few words, and Wood bet Hyde drinks that he knew him and could tell where he came from, Hyde bet accused he could not, when ac cused said you came from your mother, and I have won." Hyde replied, not so fast, I came from my father first, and you have lost the bet, and re ferred to the persons present who decided against accused. Hyde asked Wood if he was going to pay for the drinks, and Wood said no as lie did no t consider he had lost the bet Hyde then lifted his footand touched accused's coat-tail lightly, and put his hand on his coljar. Accused then went to the door, turned round, and pushed the stick he had in his hand into Ilydes face. Hyde attempted to follow accused, but only got as far as tho door whew he dropped on hi-, knee-*, and cried out for some one to pull the stick out of his eye. 1 went and brought a pair of pinchers, and gave them to John Bew, who pulled the stick out with them. I believe the stick produced to he the same It is my opinion the stab w.is not given accidentally. By Mr Cotter : I h.ive known accused for the last three or four yeais, never knew him to lift hi* hand to anyone previous to this. The convention be* tween Lipsey and Hyde took place in the passage I heard Hyde say to accused, "you are no m.vi," but dil not hear him use any foul expiession. lam ceitain accused went to the front door, turned, and came hack before he stabbed Hyde in the face, but could not say how many paces he c-une back. The blow was a downward one, Wood appeared to aim deliberately at Hyde's fare, although I could not swear that accused intended to deliberately and wilfully wound Hyde it) the face. Did not bear Hyde call accused a loafer. By the Bench • I consider Hyde only lifted his foot in contempt to accused, and not with the intention of kicking him Hyde made no attempt to ward off the stick. The sun in his face may probably have prevented Hyde seeing the stick coming towards him. Both Hyde and accused were sober at the time of the as-ault. The Court at this stage adjourned until 9 a.m. on Friday.