CHARGE OF ASSAULT.

Taranaki Daily News, 18 May 1922, Page 8

CHARGE OF ASSAULT.

•ELDERLY MAN’S INJURIES. A MIDHIRST CASE. TRIAL IN SUPREME COURT. The circumstances surrounding the admission of an elderly man to the Stratford Hospital in March last were recounted in a case before the Supreme Court at New Plymouth yesterday. The prosecution was one against Edward O’Connor, and it was alleged that on March 14, at Radnor Road, near Midhirst, he assaulted George ,S. Speck, with intent to do actual bodily barm. There was also a second indictment of causing actual bodily harm. Mr. A. Coleman appeared for accused, who pleaded not guilty. The case was conducted by the Crown Prosecutor (Mr. C. H. Weston). The following jury was empanelled: Messrs. F. E. Orbell (foreman), F. L. R. Inder, A. E. Looney, V. H. Beal, A.* S. Marett, H. Purdie, W. J. Girling, W r . J. B. Hinkley, H. Hambling, H. Dodd, S. C. Nobel, A. Roache.

The Crown Prosecutor said the first count was □. serious one, in that it alleged that O’Connor assaulted Speck, with intent to do him bodily harm. Speck was an elderly man—about fifty-four years of age—and lived rather a lonely life on the Radnor Road, near Midhirst. The road was one which led towards the mountain. Apparently Speck eked out a somewhat bare living carting wood into Midhirst. Accused had a farm on the same road, and Speck had a camp on the road near O’Connor’s gate. On March 14, about four o’clock, Speck was returning with his horse, and just as he had unharnessed, O’Connor arrived in a gig, accompanied by another man. He got out of the gig and “went for” Speck. He struck him in the eye with his fist and then hit him below the knees with a branch of fuschia. When Speck fell to the ground O’Connor went at him again, hitting him with the lid of the camp oven. Speck was rendered more or less unconscious, and, recovering, wandered down the road, carrying the lid of the oven with him. He went down part of the road, and after having a rest on the ground he returned to his tent.

In the meantime accused, who had been into his house, returned with a pitchfolk and chased Speck down the road. The latter tried to escape to a neighbor’s place, but while he was proceeding along the road O’Connor struck him on the back of the head with the fork. One of the neighbors took charge of Speck, who was subsequently conveyed to the Stratford Hospital. It was alleged that O’Connor used certain language, and said: “If you don’t get I’ll murder you,” or words to that effect.

From the point of view of the law, Mr. Weston said, an attack of this kind had no justification, unless under certain circumstances, which, it was submitted, did not exist in the present instance. He thought the jury would have very little, difficulty in deciding that the attack was unprovoked. It was a fact that some months previously he had made provocative remarks to accused. They had also had some dispute over a dog. Dr. D. Steven, superintendent of the Stratford Public Hospital, said Speck was in hospital for eleven days. He described the nature of the injuries, and said two of the wounds on the head extended down to the bone. The marks on the legs might have been caused by a fork Such as the one produced in court, and the big cuts on the head could have been inflicted by the lid of a camp oven, though it was hard to say. Occurrences on the day of the assault were described by George S. Speck, on the lines of the Crown Prosecutor’s opening statement. % Answering Mr. Coleman, he admitted be told O’Connor that be (accused) ought to be in the asylum. He could not remember saying that O’Connor and his mother were gaolbirds. Witness admitted that he had served a month’s imprisonment for having insufficient means of support. He denied chasing a woman with an axe. The evidence for the, prosecution was proceeding when the court adjourned till thia morning.