TE AROHA RM. COURT.

Waikato Times, Volume XXXII, Issue 2602, 16 March 1889, Page 2

TE AROHA RM. COURT.

The case of l'oliec v. John Woods, charged with stabbing Frederick Hyde at tho Hot Springs Hotel on 11th February, 18S9, was partly heard on Thursday before three Justices of fclio Peace, viz., Messrs Hunt, Ilott and Johnston. Mr Cotter, on behalf of Messrs Hesketh and Richmond appeared for the accused, and beforo commencing withtheca.se asked that all witnesses connected with it be ordered out of Court, and that the accused be allowed to take a seat besido him, both requests being complied with. Sergeant Emerson, who conducted the case on behalf of the Crown, briefly stated the facts as known to him which wero that accused and Hyde were in tho [lot Springs Hotel on the day mentioned, and that in tho passage accused made a remark that he knew Hyde and where lie came from, which being disputed by Hyde resulted in a bet for drinks, when Woods stated he came from his mother, whilst Hyde stated he owed his paternity to his father first, and claimed to have won the bet which Wood would not recognise after wards. Hyde it appeared raised his foot to Woods, who turned round and stabbed Hyde with a piece of stick he had in his hand. F. Hyde, sworn, stated he was a bushman. Knew the accused. Recollected seeing him at the Hot Springs Hotel on 11th February. An argument arose about drinks, On being appealed to witness said he should not shout, and Woods turned round and asked him what he had to do with it; ho replied that he certainly had nothing to in with it. Woods said "I've seen the likes of you, and know you, and where you come from," and bet drinks he did. He said, "You canic from your mother." Witness said he came from his father first, and claimed the bet. Woods refused to pay, and witness lifted his foot in contempt. Woods then made a step forwaid and viciously stabbed him in the left eye with a piece of stick. Witness could not swear to the stick, but was sure his foot hail not touched Woods ; was standing sideways to Woods, and when witness was tnrninround Woods poked him viciously in the face. Witness, being_cross-examined, said there was nothing accidental about it; was quite sure it was done wilfully ; never had a word with Woods before that day, and was quite sure that no ill-feeling existed between them ; had been in the Waikato Hospital since the accident happened. Witness then described his removal from Te Aroha to Hamilton and his sufferings. —The witness was cross-examined at length by Mr Cotter, who asked that the deposition made by witness be read and after a long deliberation by the Bench Mr Hunt, announced that they would refuse the pro- I duction of the deposition, the power of withholding which, Mr Cotter questioned, but was told that the man being alive, his deathbod deposition was void. After argument on the point, Mr Cotter continued his examination of witness.—The opprobrious words used by him were said as Woods was moving towards the door. Witness went out of his way to let him past, did not bar him in any way. As _ accused was passing, witness lifted his right foot but did not kick at him, it was only to show contempt of him. Could not recollect catching him by the coat collar, but might have touched him on the shoulder merely to draw his attention to his foot to show the coii'«mpt ho had for him. Woods had actually passed witness about three feet in front of hi in on his way out of the hotel when witness laid his hand on his shoulder. Undid not think In could have made use of more opprobrious epithets than he did to any one, but when Woods said he (witne.ss) came from his mother it put him ill a passion or annoyed him. On further examination witness said that the whole of what hedil to Woods was fully justified by his saying that he cm:e from his mother. —George (i. Kenny, surgeon in charge of the Waikato District Hospital, sworn, deposed to Hyde being brought to the hospital, where on examination it was found that a small wound had been caused, situated about half-way between the inner angle of the. eye and the bridge of the nose. Considered it wise to remove the stitching and open the wound as far as ho considered it safe, and ordered poultices to be constantly applied. Tho patient was in considerable pain. So far as external appearances went, he considered the injury a trivial one, but upon examining tho posterior part of the throat, where the patient complained of most pain, found it inflamed. The wound has healed up, and the patient is quite out of danger, but not tit foiy manual work yet, as his nerves have received a shock. It is impossible to say if he will recover the use of his right eye at the present stage, if he has ever lost it. Patient had complained within the last 3 or 4 days, of blurred vision, but otherwise a month's rest and good feeding would make him all right again. In reply to Mr Cottethe doctor said it would not require a verv severe blow to penetrate the part effected. If the blow had struck the forehead instead of the place it did, it would have cut the flesh, but the stick would have glanced off. In reply to the bench, the Dr. thought the patient's life was in danger when ho was brought to the hospital, but ho was then under the impression that a bit of ti-troe remained in the eye. It was quite possible the stick producod may have penetrated 2 inches. James Don. Hotelkeeper, Te Aroha, was next examined at considerable length, aud the further hearing of the ease was postponed till nine o'clock on Friday morning. John Wood, butcher, was committed for trial. His bail was doubled.