ALLEGED ASSAULT.

Wairarapa Age, 5 February 1927, Page 5

ALLEGED ASSAULT.

AN AFFRAY AT AUCKLAND. VERDICT OF NOT GUILTY. AUCKLAND, February 4. Joseph Andre, a coloured man, was charged in the Supreme Court before Mr. Justice Herdman with assaulting George David Cargill, waterside worker, so as to cause him bodily harm. Dr. J. Mark, assistant house surgeon, at the Auckland Hospital, said that Cargill had considerable bruises on the face and an ear was injured. He had a cut on the lip two and a half inches long and going down to the bone. Cargill said that he was acquainted with the accused through working on the wharf. On December 2 he had to pass Andre on the stairs of the waterside workers’ shed, when Andre stabbed him with a knife. Witness did not sec the knife but the cuts on his clothing were made by it. Witness had had trouble with accused the night before at the house of John Hobo. Andre came in and hit witness on the head with an axe and was going to hit him again when Hobo took the axe from him. Andre was determined to kill witness.

Mr. Sullivan for the defence: 11 Would you have assaulted Andre that day for what he did the night before?" Witness: “I did not feel gentle toward him. I would not have kissed him?' (Laughter). Witness admitted being mixed up in previous assault cases and having been fined £1 and £5 and sentenced to 14 days’ imprisonment.

John Hobo, a coloured man, said that he asked Cargill to tea and Mrs. Butler broke a broom over Cargill’s head. Andre came in and hit Cargill with a tomahawk saying, “I am going to kill you.” The defence was that the stabbing was an accident, after Andre had received a blow on the face. The accused and several witnesses gave evidence to this effect.

The jury returned a verdict of not guilty.—(P.A.).