SUPREME COURT.

Taranaki Daily News, Volume LIII, Issue 68, 29 June 1910, Page 2

SUPREME COURT.

mw PLYMOUTH SESSIONS. (Before His Honor Mr. Justice Chapman.) The Supreme Court sessions opened yesterday morning. GRAND JURY. The following Grand Jury was empanelled:—David Laing, Mark Johnson, F. S. Johns, William Jenkinson, Robert Heard, F. W. Hall, A. 11. Herbert, E. Griffiths, M. Fraser, 0. X. Firth, E, H. Tribe, A. E. Sykes, Stanley J. Smith, R. W. Sinclair, H. Cooker, R. Cock. F. G. Carthew, E. F. Bhmdell. J. W. Downes, J. R. Cruiekshank, Cholwill Billing, Hal Goodacre, Thomas Avery. Mr. M. Fraser was chosen foreman. HIS HONOR'S CHARGE.

In charging the Grand Jury, his Honor said he was happy to be able to congratulate them that their duties were to be very light. Only two bills would come before them for consideration, and though they were in cases of some im-i portance, bliey need not occasion much! trouble. In the first case a man was accused of assaulting his l brother. All the Grand Jury had to enquire was whether the evidence tendered on behalf of the Crown made out a prima facie case such as justified them in-putting t the accused upon his trial. From the' evidence it seemed that there had'been| feeling on the part of the accused towards his brother. The important facts',, as adduced in the depositions befo're himy were that the accused had stated to one witness that his brother was trying to do him out of some property. To another witness the accused had ad--mitted having stabbed his brother with a knife. Another witness would say that before the assault took place the accused had told him he would "settle his brother, and then himself." Then they would have the evidence of the brother and others, that a violent assault had been committed, and the medical evidence to show that serious injury had been inflicted with a knife. The other case was one of considerable public importance, in which two men, master | and servant, were charged with stealing about nineteen sheep belonging to, a farmer. These sheep were foimd on the property of the principal accused, and had been recently missed. It was a general rule that where. property that Sad been stolen was shortly afterwards found in the possession of a person who had no right to it, that person should be called upon to show how he had obtained possession. These sheep had been in the owner's paddock on a certain day, and it would be proved that the fences were sheep-proof and that the gates were such that the sheep could not have pushed them open. One of the accused had been seea in the paddock belonging to the owner of the sheen, and afterwards he had- been seen, with his emplover, driving sheep—believed to be the stolen sheep along the road. Evidence of identification would be given, and it would be shown that the earmarks had been altered. Interrogated concerning the theft, the principal accused had. stated that he had bought the. "sheep at a certain sale, but that claim had beep proved not true. In further interrogation, the 1 principal accused bad asked, the owner if he would take the-'sheea back and say no more about it.

-ALLEGED SHEEP STEALING. At 2.40 ip.m., after spending two hours upon the sheep-stealing' case, GrandJury came into Court and asked for the direction of his Honor as to whether they could separate the two accused—that they might find a true bill against ctoe without the other. His Honor said there was nothing to .prevent it At 3.55 p.m. the Grand Jury returned with' true hills against Albert Pickup. (Wood and Stanley Appleby on charges of sheep-stealing; The jurors were then 'discharged.

ALLEGED ASSAULT. The Grand Jury presented a true bill in the case of Rex v. Charles Buckland, charged with having at Eltham on 2nd April assaulted and wounded Ernest Buckland: and alternate counts of assault with intent to cause grievous bodily harm, and with having assaulted him. He pleaded "not guilty." '

The following jury was empanelled:— E. G. McKenzie, J. A. Hawker, Rouben Pepperell, Fred. Moverley, Fred. Gilbert. F. M. Doughty, John Groohy, p. J[. Passau, A. A. Handley, William Butler, H. Langman, and William Hall. Mr. R, Pepperell was chosen foreman. Ernest Buckland. residing in Parkstreet, Eltham, said that on 2nd April he had met his brother in High-street. A man named Kenny was speaking to i accused at the time, and Kenny started swearing at witness. Pushed the man, on one side, and he fell down, under the influence of drink. He got up and resumed his swearing: Witness said, "I'm not speakinsr to you; I'm speaking to my brother." His brother drew a knife. Witness said, "Would you draw a knife on me?" and he said, "Yes, I'll do for you, and blow you up with 'gelignite." Met his brother again at about 10.30 p.m. near the raihvav crossing. George Blew was with witness. He accosted Charlie, who raised his hand, with a knife in> it. Tried to take the knife

from him. and the knife entered the palm of his hand. Got his brother by the throat and threw him. Then took him by the nose and 1 tried to get the knife. It was a pocket knife, with a whole blade. His brother managed to free himself, and stabbed him down the cheek. In another struggle he caught the witness across the forehead and nose with the .knife. (Witness showed the scars.) Mrs. Hardwood caught hold of witness and started washing his face, and dragging him towards home, saying that Charlie had a revolver and would shoot him. She left him after a while and crossed the road to his brother, and said, "Charlie, you've done for Ernie." T-Te said. "Serve him b well right. Tf I had had a revolver I'd have shot him and let him lie there and die like a dorr." Witness said, "Charlie, you've stabbed me." He answered. "You can't prove it." Witness said, "I can.

I have George Blew." Then went across to Price, the manager of the hotel, to see if he would take him home. Farther down the road witness fainted, and they carried him into the barber's shop. There thev washed his wounds. Constable Wade took him to Dr. Harrison's. His Tcnson for wanting to speak to his brother was to ask him to prevent this woman. Mrs. Harwood, from scandalis- | irw» witness and his wife. One of the ' blows with the knife was aimed at his heart. He warded it off partly, but still it penetrated his coat, waistcoat, and shirt. He was under the doctors care for a week. Whilst they wert on the ground his hrother got on the top, and sard, "> T ow, then, vou L , I've I

got you where I wanted to get you. 1 Ysu've been trying to do me out of my property, and I'll cut your b heart out." He had not tried to do him out oi any property. Cross-examined: There had been bad feeling between them for some time, perhaps live months, not more. He nad ■never threatened bis brother with an injury. His brother Alf. had told wit-1 i ness that if lie (witness) ever to speak to Charlie the latter would | "do for him." To this witness replied' that lie would do the same for- him in. the event of any interference. He told his father of this. He had never made any threat of this kind in Arthur's hearing. Also told a man named 1 McLeod that if his brother drew a knife on him again he would give him a hid- j :ing. He had seen his brother before that, in the Coronation Hotel, but had not spoken to him. Where he did eventually accost him was on % \ .towards the back &f the lidtel. It wasn't

dark down there. There was no moon.l The light in front of the hotel would! %lit this footpath. He interrupted a conversation between his brother and Kenny. He pushed Kenny, and the old man fell down. He didn't pick him up; ■neither did his brotfier. George Blew and witness caitie put pi the hotel together, and was with hint .when he spoke to Charlie. He said to Bfew ; "Look, George, Charlie's got a" knife."' 9 ha^l e had the knife in his raised hand. Hw brother was walking away When he »^ 1 ~» 'Til do for you, and blow you" tip wlV 1 gelignite." He thought his brother* would do that. He didn't fear the knife at that time. He admitted it was" a' stupid thing to go and talk to the man about his moral relations when he wo*' talking to some one else.' He 'denied having pushed Kennt over. The spot where the row tookj place was on the

Kaponga side of th< railway line, and there was a strong light shining from an acetylene lamp h front of the hotel on the other side oi the road. It was not a fact that he was in the shade. His brother, could hive seen him as he came up. He saw his brother coming along the road, probably about a chain away. He make no remark to Blew as the accused came up. Witness stepped out and stopped him, saying, "Wait « moment, Charlie." Otherwise his brother would have gone past. Witness was not looking for trouble. He had 'had three drinks, and Blew had had two with him. His brother raised his hand with the knife straight away. Witness threw him bv the throat, arid then seized him by the nose, trving to take the knife fj-rm him. He was trying to bring him to his senses. His 'brother had his glasses on when the affray commenced, He didn't know that the glasses were broken, but'was .sure he hadn't put his fingers in his eyes. In gripping his brother bv the hose it was quite possible that he gouged his eyes. He considered the cuts on his face were from stabs, They were not (*jyeepin-g cuts," even if medical evidenele wis to that effect. He was a. peaceable disposition. How many iftghts did you have last year? ' .• ! Witness hesitated. His Honor: Does it take you so long to remember?; Were there so many? Witness said he might have had three fights. Mr. Johnstone: Most of us manage to get through the year without any. He remembered breaking Beard's nose. He remernbered knocking out Fake in the billiard-room. But lie hadn't knocked out Griffey, and had Jot hit him at all. He had fought a mai named Crawford. He remembered making a slash at Buckland and hit Sykes;TWitness then denied this, giving hejpad hit at Sykes and missedjhim, and Sykes ran away. He considered he was a peaceable man, but he wopdn't 'stand being insulted. The knife jised by his brother was his tobaeco-kni'e. Blew was going away for assistance,!but he called him back, in order that! he might be able to see the knife, helra to take it away, and be prepared to Iwear to it in Court, If neces-

sary. j Mr. Joltistone: So you, who were bo particular! about the, good name of the family, ufere already scheming to have your brother in the, dock. t The Court adjourned for lunch. I Cross -j examination continued: His father alid brother had called on him several (Jays after the affair, and asked him to make up the quarrel, tyut he refused. He wasn't at all excited during the quarrel. At the first affair, at 9.30 p.m., he did not think his brother intended to injure, him. His brother wasn't looking for him on the second oei casion. i Re-examined % Mr. Weston: The reason why I caught him by the throat was I to take the knife away from him. I thought he was going to use the knife or. me. j George A. Harrison, medical practitioner, residing at Eltham. said that <m Saturday night, 2nd April, he dressed Ernest Buckland'? wounds. was a cut about four inches long across the right cheek, and :'a deeper cut about an inch long across the right eyebrow, and, another" crt inches long. One cut was serious on account of its proximity, to the eye. There was a cut through| the coat and waiistcoat on the left side,, just above his left breast. The -wounds were such as wpuld have been inflicted! with the point of any knife., The man, was sober. saw the accused professionally April at the Magis-I trate's There were scratches about but he did not thrak they His throat was bruised and dise^^H To The knife would not need sharp one. No great force used, for onlv the skin' had They were slashes, not; stabs. To The cuts were not very seriowMj themselves. George Biß, a laborer, at Eltham,! gave evidencßthat he had seen the two, Bueklands tßing in the street outside the Central Mitel. He corroborated the story of'theßevious witness with refer-j enpn to the Bo altercations and the as-j sault. He \B leaving the scene of the latter v.-henßmest Euckland called toj him and saiß"Bon't go away. I want' you to seeM)t Charlie has a knife." iLater, he tfMwitness that Charlie had stabbed Wnßprice. He saw nothing to suggest tbnßlrnie had provoked the accused. Bofcßppeared to be sober. To Mr. V»e: He was not a mate of Ernest BuclHid's, but was friendly with him. He rißmbered distinctly all that took place. He had only one drink that night. He hear Charlie Buckland. say anything about gelignite. The ac-j ©used had a knife in his hand, as though, about to stab his brother. Charles Buck-) land was bound to pass the fence against which he and Ernest Buckland were leaning. Tbev talked about work, but not about the accused. Accused was passing, when Ernest Buckland stepped out three or four yards and stopped him. He was a bit deaf, and didn't hear what was said by them. In the fight the two rolled a good distance along the road. He.was going away for assistance, when Ernie Buckland called him to come and see that Charlie , bad ;a

knife. He heard nothing that was said. Witness did not interfere, nor was he asked to 'help in taking the knife from accused. Alfred George Wyatt, laborer, at Eltham, said he was in bed at Cramp's Hotel, when he heard a noise as of people quarrelling outside. He opened the window and loked out. He saw two men and a woman. One of the men I was lying on the ground, and the woman was standing near him. One man said, ."You've stabbed me, Charlie." Thi . other said, "You can't prove it." And the first speaker replied, "Yes, I can. I've got George Blew as a witness. The woman was saying "Shut up.'" Then he heard a man say, "If I'd had a revolver . I'd have shot you." There was a lot 'of talking, and he heard the words, "Leave him there. Let him die like a i dog." These men were both strangers I to him. He recognised Ernest Buckland as the man who came into the gaslight i just afterwards, When he went to bed Ernest was going towards the, : jpolice tion r ■•■■ .„•,'-■■.„-.., Cross-examined: The marl on the*

I ground appeared to be "crying-like." He was sure Ernest Buckland didn't go straight down town, but towards the police station. Frederick Martin, a laborer, residing at Eltham, .said he knew the Buckland 'brothers and Mrs. Harwood. Accused 1 was living with Mrs. Harwood at that I time, and witness resided next door. He 1 saw accused at Mrs. Harwod's that 1 night. Saw him come out of the house ' and return, saying, "Rosie, Rosie, what 1 is life to me? What do I care for life?"

*j7e went inside, and, coming out again iZj, afterwards, said, "I will settle Mr. p nie Buckland, and then myself." w« i* *' eni to'Ded--1« J? ™tone: He was in his back To Mr. JoK and heard thißi He yard when he sa. Mfl with Ml . g _ Har . had sever had trou,. -, er landlord agk . wood. Never wrote to u , of t]le iougeing to have her turned out» .„ ave ev j. Constable Wade, of Elthaitf, b •- jj a ; r . dence that upon' going to Farrell'* , g . dressing saloon oU the night in «f&v tion, he saw Ernest Buckland lying on the floor, with! his face badly cat. He took him afterwards to Dr. Harrison. The man informed him that he had been stabbed by his brother. After taking Ernest Buckland home he went to Mrs. Harwood's to see Charlie. The latter

greeted him with the' words, "Oh, it's you, is it? We've been expecting you. I suppose you've come about Ernie." He added that Ernie had brought it on Mmself, and that what he had done was done in self-defence. Asked if he had a knife, accused had said that what he had used wis a four-inch nail. Afterwards he admitted having used a pocket knife, but that he had lost it, probably at the stene of the affray. They found the glass out. of accused's spectacles, | but couldn't find the knife. Witness laid an information at the instance of Ernest Buckland, and arrested the accused on the following Tuesday. At the time of arrest, accused repeated that Ernie had brought it on himself, and he said he wasn't sorry. Proceeding, the accused had said what he had done was in self-defence. He had been going home quietly when Ernie stopped him, struck I him in the face, and knocked him down, j got him by the throat in such a way that he thought he was likely, to be strangled. Ernie said, "Now, you.b-—, I've got von." Fearing that he would be strangled, he made several slashes with the knife that he had been using to cut tobacco. Accused further said that Ernie was trying to do him out of some property in Hawera. He explained to the constable that this property was willed in such a way that 1 ; if Charles died the property went to Ernie, whereas if he married again and had children he would have'no claim on it. Ernie was afraid that Mrs. Harwod would get a divorce, and that Charlie would marry her. This was the cause of the bad feeling. The constable combattcd the suggestion that' the affray started in the shadow. The night was not dark, and there wras good light from: the hotel lamp, He saw Ernest Buckland at about ten o'clock, and he was sober then. To Mr. Wake: There was no mark on the skin where the knife had penetrated Ernest's coat, vest, and *hirt. On the Saturday night he had not regarded the affair as a very serious cue. He wouldn't have arrested him on the Tuesday but for repeated requests from, Ernest, who seemed very much _ alraid I that some harm might come to his wife. or Ms family. Charlie had been "fairly j decent," "quite a reformed character" within the past ten or twelve months. When he saw Charlie late that night ; his face was bruised and scratched, and his eye was red. On the Tuesday following there were still visible the prints of finger-nails on accused's throat. This closed the case for the prosecu- , tic*. I Mr. Johnstone briefly, opened the case for the defence, and set up the defence that the action of the accused was the only reasonable means of defence under all the circumstances. I Accused went into the box. He said that he and Mrs. Harwood went up ■ town together that night. She left to go and do her shopping. He went to | the Coronation Hoti- 1 . and saw Ernie 1 there. Later, ho and Kenny were talking 1 near Potts noiel, v hcu tirnie came alon| . and said to Witness, "I want you." Ac- : cused said "Oh," and Kenny asked "What j i do you want to be poking your nose in for?" Ernie struck Kenny and knocked] ' him down. Witness said, "Y'ou .coward; what do you want to knock an old man down for, over, seventy years of age?"' Ee said he would do' the sp.me for wit-, | ness, who replied, "We'll see about that. I iknow a way to ?e H :!e you." Then he walked away. He went to the police | station, but couldn't find the constable, .so went on home. When he went into i the house lie said, "Hello, Ruby," and, | when Mrs. Harwood appeared, told her I he was going up town to get Mr. Wade to settle with Ernie. He called at the ' police station, and again lie was out. i Called on Kenny again, and went towards liome by a side street, so as to ayoid meeting his brother. Near the ElI tliam Hotel he heard someone say: "Here I comes the now." Then he saw two men standing there. He had to pass I that way to get home. Just at the time, he was cutting tobacco, and had a knife and a nail in his hand. Ernie jumped out at dim saying: "I've got you imw, you ." Ernie struck him in the face and hit his glasses.. He also struck him with nis upraised kr.ee, and witness fell on his back', whore Ernie got him by the throat. Asked Ernie to let lun up, but he wouldn't. He could only gurgle a few words. He got his hand free from under him, and struck'at him with ihe knife. Ernie was on top of him. Mrs. Harwood pulled his assailant off him, but he rushed witness again, and got him down as before. He got free again, anu Ernie was about to tackle him once more, but Mrs. Harwood prevented him. Witness went to the police station, but the constable was not at home. Returni ing to the scene, Ernie said ''You've stabbed me, Charlie." Witness answered, "It serves you right. You shouldn't try to put my eyes out, and throttle me." Mrs. 'Harwood asked witness to get some water for Ernie, and he replied, "No; let him lie. there like a dog." He thougttt better of it, and brought the water. H« . i :'-.

had very poor sight. He had heard of threats uttered by Ernie against him, and night after night he had come home by side streets, in order to avoid him. Cross-examined by Mr. Weston: He j. didn't believe that he had put the knife through his brother's clothes. He believed his brother had done that himself to make the ease look blacker against him. Martin was absolutely a witness of untruth. To His Honor: He didn't know anything against Martin, or that Martin had anything against him, unless it was because he had turned Martin's horse out of the garden. He was quite positive that what he said on leaving the house was that he was going to get Wade to settle with Ernie, and not that he was going to settle with him himself, lie had told the constable that at the lock-up. He had used no bad language himself. His brother came straight at linn, \ n the street, and knocked 'flown with a blow in the J ac6j a '£ the same time takinsr ten by the throat. When Ernie said I 'tie"* raised the-knife as though to strike with it, he was telling an untruth. He iad never threatened his brother. The value Of the property, which was at the bottom of the bad feeling, was about £4OO or £SOO. He had never threatened to blow up it man named Sykes with gelignite, nor had he any Knowledge of how to use it. All through the piece his brother had lied, to get him into troubjf. He spoke falsely when he said he wished for a revolver. Mr. Weston: So all these statements are false?— Yes. And you're the only righteous man?— I reckon so. This was all the evidence for the de-

fence. Mr. Johnstone, addressing the jury, said that the first proposition was that there was bad feeling between the two brothers for some time before this assault. The second proposition he would advance was that on the night in question the prosecutor had been the aggressor, and had tactlessly endeavored to force upon the accused his opinions concerning the relations between him ana the woman with whom he was lodging. There was no pretence that the accused • -V his knife—he was merely cutting dre.. -—and in the circumstances, with jtoba£«t, '-"hhiff at his throat and nearly a man «fe*. \°, :< ' was not unreasonable strangling: *" •... in freeing himself that he shciUMi ttS f . haa " reason from a grip -wfifch he ~ .; no t to fear would prove fata. . ottab i e f ac t released. There- was the regiv ~. clearly shown Jn"ifte' evidence, W brother seemed alisaous to have the c . . apprehended. He p«t if) to the jury tha if the knife had not oeen' used that night the affair might have ended seriously, n not fatallv, for the accused. He submitted that'the proseeutM-, Ernest Buckland, had been most unwilling to say anything at all in favor <af bis brother, the accused. He also refexed to the fact that the prosecutor hffidi refused to stay proceedings against his feertiher. In conclusion, he submitted tha* ibe acts of the accused were acts for selfpreservation and self-defence. Mr. V>"e.<ton ,vas about to ad'&ess 4hc jury; but -Ilia Honor interrupted':. ''Bo you think it necessary, Mr. Weston?" The address'by the Crown iProseauitffliwas dispensed with.

THE SUMMING UP. I His Honor commenced his summing up at 5 o'clock, and it lasted half an hour. When, he said, amongst the people of our race, a knife was used, they must very carefully investigate whether or not the man was justified in resorting to its use. .This was not merely a pummelling. It was quite conceivable that even amongst brothers men should get to the point of pummelling,.and they would be well advised to leave it a.t that. But when a knife was used, and the matter came z\> the notice of the police, it was proper that the facts should be brought before a magistrate, who might direct that the matter be investigated by this higher tribunal. Tt was incumbent on a man ( to prove justification for the use of a knife in this fashion. His Honor directed the jury that they could not rely implicitly on'the evidence of men who had exhibited violent temper, and were interested parties. But if the evidence of one of these men was corrobo" • K -d in important particulars by indep*.:' "t testimony, then they might aUaii' more weight to it than to an uncorro„u..Ued story. They had the prosecutor's story that the accused had made threats . against him, and in corroboration of that was Martin's evidence of having overheard the accused say he going to town to settle Mr. Buckland. There was no provocation then.' He considered Martin a disinterested witness, and one who had given his evidence very fairly. Those remarks, made under those circumstances, showed that the accused was in a violent and aggressive mood. The prisoner's somewhat milder version was not consistent with Martin's evidence at I all, but was the evidence of a ma» who ' was endeavoring to put a more favorable complexion upon a conversation that had •been overheard. They had to remember that in the first episode of that nigM, j Blue saw t le accused with a knife, and I they knewsia knife was used in the second affair. "1; His Honor referred to the accused's false statement to the constable that the weapon used was a nail. Did ndt this, coupled with Blue's evidence and the fact that this knife had not been found 1 , assist them to believe Ernest Buckland's evidence? Was re now a case of oath against oath between two men, or was there preponderating evidence on the side of Ernest? They i had to consider, of course, whether ErI nest provoked the assault, and, if he j did, did he do anything to justify his brother in using a knife? According to Ernest Buckland, he would not have grappled with his brother except to prevent him using the knife. 5n that case the accused was not justified in using it. The .position the accused set up was that he had been, unlawfully assaulted, and that he was in fear of actual bodily harm, and that he used the knife to repel the assault. He had to prove to the jury that he was justified in doing what people of our race very seldom did. and the jury, in acquitting the prisoner, would have to find that he was justified! in his action in all the circumstances.

THE VERDICT. The jury retired at 5.30 p.m., and were ready with their verdict at 7.15 p.m., having had an -hour's adjournment for dinner. The verdict was "not guilty" on all counts, and the prisoner was discharged. The sudden relaxation of the strain was too much for the brother who had instigated the prosecution, and he completely broke down. The Court adjourned until 10 o'clock this morning.