Police Court. PAEROA. SATURDAY, OCTOBER 26th.

Te Aroha News, Volume VII, Issue 415, 30 October 1889, Page 2

Police Court. PAEROA. SATURDAY, OCTOBER 26th.

[Before Messrs N. Kenny & J, Uott, J'p.P.]

against Walter Scott,'; partially heard on the day previous, was projected 1 with a|,9 15 a.m Alfred/ James .Mitchell sworn, stated: I am a police Constable, stationed at Paeroa. Between 8 and- 9 plm.on Monday last, 2lstinst, I was sent for to the house of the accused . I went and foundvthe witness, Ellen Scott. She was then bleeding from a'ivound on the upper lip. The wound was about half an inch long, and about a quarter of an inch deep. I received! the knife, exhibit B, at the time from the witness, Annie" "McGloughen, compared thepoint of s , the knife with the wound,- and saw the wound was such as] would be caused by just such an ; instrument. , There worn no marl^of blood pn' tlfft knife"' wHenVhan'ded'jto me. ' 'Oii the following 'Wednesday I saw the accused and he asked flic" if ' Mrs Scott had laid an information against him. I replied she was yoing to do' sol 'He then asked me to prevent her doing so if possible, to settle matters [between thenTaud He' would leaVe the place. ,1 said to him, having gone -to the extent of wounding Jier with a knife, I would not do so. 'He remarked " I did not throw the knife at iher, she had it in; heft. baiid'and'! knocked her hand upwards, that's now the wound i»as caused." ***• , '" - v^ -"*' By Accused : You did not specify for any offence when you asked me if Mrs> Scott was going ? to lay an information. My opinion, is the wound must hare been inflicted with the point of the knife, hot with the blade. ! j This closed the case' for the prosecution. (Before proceeding to read orer .the several, depositions to the accused, and asking .him ,if he had any defence to offer or statement to, make, the Bench, after a few minutes consultation, addressing the accused, ( said: As the. case stood, from the evidence given on behalf^ 'of the prosecution, they should certainly feel"' hound to commit the accused for trial. On 'consideration of the whole circumstances of the case, however, they had come.tofthe con-" elusion, that the provisions of the Offences, Against The Persons Act, under which the information was laid, could be met ,hy, a , summary conviction ; and by adopting this course a great deal of delay would be avoided. They had therefore decided to advise the prosecution to drop tho indictable charge and ' lay h fresh information ' to be dealt with ' summarily They wished, however, 'the accused distinctly to understand that they considered the prosecution had established a clear'case, also that the course they Suggested might, not be agreed to by the prosecution,;, and further that in any case such a course . could not be adopted unless the accused consented to the proposal ; they would therefore give him a short time to think the matter over... , After a few minutes consideration accused stated he would prefer that the matter be dealt with summarily ; and the prosecution raising no objection to the course suggested, the, Bench , dismissed the case, arid directed tho prosecution to lay,^ a fresh information on the same charge, tp be .dealt, with summarily, which was at once done, as follows : Charge of Assault By {itabbing. — Walter Scott wifs charged that he' did on 2lst OcC-j last, at Paeroi, unlawfully' as-ault. his; wife* Ellen Scott, hy wounding her with a -knifed V Accused pleaded Not Guilty. , 'u ;- h i',. Constable A. J Mitchell conducted the ca*e for the prosecution y and said that thi' charge ■wa" for exat tlv tha same offence as^ and ?»i the evidence to bo produced woulcl he A nlso tha sa-MC as that a'ready given, asWl'if that evidence could not be recoivea, thc'a'c'^ cuscd iit.tho a.ime time expressing lite willin^nc«'? Hilt the ev Llonci refened to be &o lveeived. , ' , ' » <• y The Bcich ruled this could hot be done. The for mo i' charge had been dismissed, ( aiiil the pie.s.Mil charge was entirely, a ii v e»h one ; the same grounl would then fore have to be gone "vcr again. * The following witnesses were thon examined: Mis wile of accused; Annie McClonshen, a^d Constab'e Mitchell [?^o ne\r, facts bang however elicited, ibis nee'Hl»s* to r«publish the evidence as given in the indictable cise.] This closed the ca>.e for the pros-ccu-tion ; and the depositions having been read over to the accused; he was.under the provisions of The Ciiminal Evi.lcuce Act, ISB9, then sworn, and made this following statement : — W.ilter Scott : On Monday night last I went home from work, and after remaining about half an hour I sat dolwn to tea ; Mrs Scott was sitting in front of the fire. Shortly after wards Mra Scott turned herself and chair round towards the table with' her feet under the table ; before she did this we had .'had' a few wordo about Mrs Agnew over a statement Mrs Agnew had made about me, saying things about me to people in the street, calling me a dirty loafer, etc. After Mrs Scott turned round to the table I put my hand on her shoulder, ' with that Bhe shifted further round from the" table. I got up to get ths ' teapot ' from the fireplace, having to pass beliind Mrs' Scott. When passing her I put my two banda round her shoulders, and wben I afterwards raised myself .up again I saw blood on her face. I caught Hold of her, hand, looked down, and said : "Oh I didn't mean to do that ;" whereupon she put her hand out and laid a knife on the table saying " Yea you did, you did it on purpose." By Constable Mitchell : I was sober on that night, but had taken a couple of glasses of beer. By Court ; I was sitting' at (the table on the side next the sofa and window. Elizabeth Agnew (a .witness called by the defendant) being duly sworn said in reply to the accused ; I was at your house on the night of the assault at tea time with my sister Gertrude. My sister Gertrude left witti me. Annie McCloughen did not leave the house. J Mrs Scott ro-called : in reply to accused : It ; . was the side more towards the, . door that • I oaught hold of the table cloth' to 'wipe my face. ' The Bench in delivering judgment said : I They were of opinion, afte,r very, carefully considering the evidence,' that the a'ssaulc haft been clearly proved and jraa^ a very^cpwardly one, more especially seeing Mrs Scott at the ti-ne was practically* an invalid, sufferfng from the effects of an assault committed .on her only a couple of days previously ; an ( d>, for which' .accused had been convicted before that Court on the Thursday previous^ . Oil that 'occasion the 1 , Bench" 'decided, to ; give t]le accused the option of 'a fine,'but could Wot''d6,i so now ;' the sentence of the ■Court.was ftwb ; months imprisonment witb/hard-latiour,' ' ■' ' j i Assaults: 1 Walter Scott i- was' charged' » 6rt the information ,of Constable. Mitchell '.that *h& did (;l).lOn Ootober 17th," at -Paeroa, <unlajv-4 fully assault Ellen Scott :(his wife,), by, throw* ing a tablo knife and forkather^ (2), 1 did on same date^ unlawfully beat one; Annie McCloughen, hy, catching hold}6f.. hereby the hair of tho ,head, 1 draggingherj* but, on |h© verandah; and kicking Her aoout tHe body, f '. ' Accused pleaded guilty to both charges*/ n ' ! The Bench addressing" the accused, said that as these assaults appeared 1 to ftave-arisen in connection with those for which he had ben already^ sentenced, tHey w6sld not inflict any penalty or.impri3onment? but would bind him over to keep pc ice for six months towards Ellen Scott and Aunie MeCloughcn, himself in hiO, and two approved sureties of LSOeaeh, , ' :. - ! / >'j , M " ~\