FRIDAY, MARCH 15.

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

FRIDAY, MARCH 15.

[The Court opened at 9 a.m. yesterday morning, and the same Justices occupied the Bench.] Henry Hughes (sworn), stated : I am a miner residing at Quartzville. I know accused ami the mm Hvd< i . Recollect seeing them 1) that the Hot S->rin<rs lintel on tho 11 tli IMniMn l,i-t, h t ween liviand six o'clock in thu evening. The accused and Hyde were not in company together when I saw them, \ccused was in the bar pailour, and Hyde was in the passage, where he remained until we were coming out. As Wood was passing out Hyde stood in front of him, and a^ked him if he was going te pay for those drinks he had lo^t. Wood said he was not. There w.is an altercation between them that I did not hear. H\de then laid his hand on Wood's shoulder, and lifted his right foot sideways and touched him lightly on the lower part of his body, in a contemptuous manner. 1 could not swear positively that his foot touched accused. Wood turned round, and with a little stick hehad in his hand he (Wood) struck at Hyde, and poked the stick in hi* face, the stick bieaking off short. I was standing on the street in front of the passage door at this time. Hyde was doing nothing to Wood when he (Wood) tv ned back and stiuck hirn.^ Wood turned on Hyde I suppose to retaliate for the kick or supposed insult he had received. I recognise the stick produced as the piece that came from Hyde's face. Wood appeared to aim at Hyde's face, and I think used considerable force with the blow by the way it was given. The stab was done wilfully, I could not call it an accident. I heard accused siy " I would rather than a thousand pounds that it had not occurred." Saw Hyde after he had received the stab ; he appeared to suffer gi eat agony, and called out "take it out, pull it out," and I ran for assistance. When I returned the stick was out of Hyde's face. I saw the stick in his face under the eye ; about § of an inch of which was protruding out of Hyde's face. By Mr Cotter : I was in company with Gordon at the time of the assault, Lipsey was in the company of the accused Had been talking to Wood previous to this, who was then in his ordinary state and sober. I was not present when the bet was made. The blow in my opinion was intentional as far as the hand was concerned. Wood had the stick in his hand previous to striking the blow. Could not say if Wood was sorry for what he had done, A man may be more sorry for the consequences that are to follow than he is for the deed committed. By the Bench : The kick was not given to hurt accused. I think Wood intended to strike Hyde in the face. C, Gordon (sworn), stated : I am a miner, residing at Tui. I know the accused and liyde. I remember seeing them at the Lot Springs Hotel on 11th February hist, about 6 o'clock in the evening. This was the first time I saw them that day. They were not together when I saw them. Hyde waa in the passage, Wood was in the bar-p.»ilour. Lipsey was in company with Wood. I was in the baine room with the last witness, Hughes. Hyde did not come into the room while we were there. Th A ie w.is some conversation but I took no notice of it. Lipsoy u as talking about some m-io who had called him a loafer, and &.ii<l thu man was in the passage. Lipsey did n->t say w hy he waa called a ]oaf> i bv this man. We dkl not remain long in the uoiu. I

"'saw Hyd'e;standing at the'slide ,window as ' we passed out. When I got through the . second door I benrd .somo uords, but I could not distinguinh between Wood and Hyde's voice, and immediately I put my foot in the street I heard Hyde say to Wood " what about those drinks, old man." Wood said lam not going to pay 1 j for you, With that Hyde took hold or him by the collar and attempted to kick him. After he had doneso Wood turned round and thrubt at Hyde with a siick. Hyde may have gripped Wood by the collar for all I know. I could not say whether his boot struck him or not. Hyde was doing nothing to Wood when he (Wood) turned. Hyde kicked Wood at with the side ofhis foot. There did not appear to be much force used. Wood thrust at Hyde with a stick he had in his hand. The wound was not accidentally inflicted, Wood appeared to atiike pretty tree] 3*. I should cull it si thrust not a stab. Wood came out and Hyde struggled towards the street door calling out, "oh, take it out." I ran forward ju^t as he was falling and caught him in my arms. 1 I then saw that he had a piece of stick in bio face under his eye, I tried to pull it out but could not ; John Bew tried to pull it out but failed, lie then procured a pair of large scissor or shear-*, and with these he succeeded in getting it out. The blood wasspurtinsrabout in the passage as he fell towards the door. By Mr Cotter : Did not hear Hyde make use of any remark to accused, Hydo shifted his position towards the door, and placed his hand across the doorway So far as I can tell Wood was going quietly out of the hotel un(il prevented by Hyde. This was when he (Hyde) mentioned about the drinks and caught him by the collar of the coat. Wood's ac'ion appeared tobe in retaliation for what Hyde had doneto him. Hyde apppared to me to bestanding still wlipii the blow was Ktruc>, hf did not go hack but struggled forward. Wood, when he said "oh, Charlie, T never meant this,'' appeared to be very penitent,, after seeing what he had done. By the Bench : [ did not hear tho commencement of the quarrel. DH not hear any foul lanauage used by either party. Hyde placed his arm acroSr. the door way,, befoie Wood, his hand resting on the opposite j.un of the door to stop Wood. John Bew (sworn), stated : I am a brickmaker, 1 eliding at TeAroha. T know the accused, also Hj'de by sight. Remember seeing th"m both on the 1 lth February last, at the Hot Springs Hotel, in front of ihe passage slid. 1 . Wood bet Hyde four drinks he could tell wher» he came from. Hyde said it was a bet. Wood said Hyd«* came from his mother, Hyde said no, I came from m}' father first. Hyde said 3'on've lost, i'll have a glass of beer. Wood" said no, I've not lost, and then left my company, They had no drinks in mv pre sence, Hyde left afteiwaids and cam ft back in a short time with a piece 07 wood* in his eye, leaning on the arm of Charlie Gordon, Only a few minutes had elapsed since he left, I knew nothing of theassault until T was asked to take the pticlc out of Hyde*> face, I tried to pull it out with my fingers first and failed, T succeeded in getting it with a pair of snip-. The piece of- wood produced is the sam<\ I recognise it from thp marks made by the snips, The piece of stick was about two inches and a half inches long, it required some force to pull out the stick. Scigeant Empison (sworn), «tated : lam Sergeant of Police, Rtat'-oned at Te A rob . From information received I proceeded to the Hot Springs Hotel on the 11th Feb. List, at 6 p.m. On arriving there I found Hvd«> lying on his face in the passage with his head towards the street doov, shouting out "oh, dear! oh, dear I what shall I do." had the mm removed into the bar-parlour, and as he was in such pain, had some difficulty in getting him to state what happened. Fimn inform ition received I arrested the aroused on a charge of assault on Hyde. I told Wood the man appeared to be in great pain, and sis it was likel}' to be serious I would hive to take him in charge, Wood said " you need not, I am not going to run away,"" and said he was very sorry it had happened. I ieceived the small piece of stick from Bew, and the large piece 1 picked up in the passage. By the Bench : I have known accused beween five and six years 'Always thought him to be a quiet peaceable citizen. This was the case for the prosecution. Mr Cotter addressing the Benchfully reviewed the evidence, dwelt on the gross insult and provocation given Wood by Hyde, both by woid of mouth, with his foot, and by barring his progress, submitted that under the circumstances Wood could not know but that Hyde would follow it up by striking him ; that Wood simply struck at Hyde in self defence, never intending to ir jurehim as he had done, that had the stick struck him anywhere else that it did, the injury would h.ive been of a trivial nature, etc., etc. Mr Cotter quoted from several legal authorities said Hyde brought thewhole affair on himself by his provocative behaviour ; and submitted there was no case for his client to answer, and that no jury would convict on the evidence that had been adduced. Mr Cotter's address on behalf of his client was a very able one,, and occupied a considerable time. The accused on being duly cautioned, and asked if he had any statement to make,, said he should reserve his defence. The Bench then retired for about half-an-hour, and on resuming their seats, ad!dressing accused informed him lie would be committed to stand his trial on the charge laid against him, at the Jime criminal sitting of the Supreme Court in Auckland. Bail Was accepted for the appearance of accused, himself in £20O> and two sureties (G. Lipsey and C. Ahier>, £100 each ; and al! the witnesses were bound over to appear and give evidence, etc. Mr Cottar requested that the depositions taken when the man Hyde was supposed to be in a criti cal state, should be forwarded under se al to the Registrar of the Supreme Court ; the Bench stating they had not the least objection. Owing to the great length at which the witnesses were examined and cross-exa mined the case occupied the whole of, Thursday from 10 a.m. to 6 p.m., with an interval of about an hour for dinner ; and from 9 a.m. till past 3 p.m, on Friday, Very great interest was evinced in tho proceedings, a large numb *r of local residents being in the Court House the greater part of the time. 1 [The piece of ti-tree stick (produced in [ Court)thatinflicted the in jury and broke off I ,in Hyde's face, is three and ahalf inche-r 1 long, and about the thickness of! a man's little finger, the top being quite blunt, but somewhat jagged, having beon broken o.fC,]