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AFTERNOON SITTING. His Honor took his seat on the Bench at 3 o'clock. ATTEMPTED MURDER. Ly Que was charged with attempting to murder Ly Gow at Matakitaki, on April 4th. Mr Park appeared for the Grown and Mr Beere defended. Mr Young Hee acted as interpreter. The following jury was empanelled. John Mundy, C. J. E. Linnemann, <iohn Tait, W. W. Henderson, J. Pishwick, M. Maher, J. Spence, G. Pfahlert, G. Lakin, J. R. Hudson, J. O'Neill, H. Hyams. Mr Hudson was chosen foremin. The defence challenged C. Robertson, R. Wallace, J. Anderson, J. M'Govern, E. H. JBtanley and D. Sullivan.
Mr Park having briefly opened called
Ly Gow, miner, Matakitaki, who dep#se that he met the accused at 2.30 on the Matakitaki road on April 4th. No word was spoken by either. Accused drew a butchers knife and stabbed witness in the abdomen. He ran about a chain off and looked at me. I attempted to get up and he ran away. I put ray fist up because T was afraid he would stab me again. The fcnife was about 9 inches long and an inch Jbroad. After accused ran away I walked to find aiwitness, resting after going every 4or 6 chains. I got to Mrs Haldane's. I told her I was stabbed and showed her the wound. The trousers produced are the ones I wore. I was) in the hospital for five or six weeks. The hole in the trousers was made by the knife when accused stabbed me.
Cross-examined. Accused lived with me once for about a fortnight. We were not mates. We had no disputes. Accused owed me ten shillings once. He abused me, and slandered me and I detained his swag. There was no row. Subsequently some one went security and I sent him the swag. Accused denied generally that he had quarrelled with a number of individuals named by counsel.
Mrs Elizabeth Lloyd, formerly Haldane, residing at Matakitaki, deposed that Ly Gow came to her place on April 4tb. He appeared very weak. He showed me -where he had been stabbed. I sent him
to May's store. The store is about a mile from my place. He returned in about half an hour ancLsaid they told him they could do nothing for him. Martin Rogers, constable of police stationed at Lyell, deposed to the arrest of accused on April 6th at the Chinese store, Glenroy. He had the clasp knife produced./ '
E. H. Scott, a legally qualified medical practitioner residing at Reef ton deposed: Ly Bow was admitted to the Reef ton hospital on the afternoon of April 6th suffering from a wound in the abdomen between the navel and the ribs on the right side. It was an incisive wound abcut4£ inches long and some portion of viscera • was protruding. The wound had apparently been inflicted about forty eight hours. It was dangerousi to life.
Tins was the case for the prosecu tion»'
Mr Beere opened for the defence and called
Ly Que, the accused, who deposed : — I was coming down the Matakitaki track when I met Ly Gow. I stepped aside to let him pass when he hit me a blow with his elbow. I asked him what he did it for when he hit me again, choked me and threw me down. I don't know "how Ly Gow was wounded. I had the knife in my hand all the time, as I was cutting tobacco when we met. When I was down under Ly Gow struggling to get away the knife must have gone into him but I know nothing about it. I don't know how I got away. My hand was cut also. I ran away because Ly Gow stopped to pick up* a stone and chased me for two chains when he stopped, then I walked leisurely away and went -to the Chinese store. I did not know that Ly Gow was stabbed. I stayed at the store. I was told two hours afterwards that Ly Gow was wounded. The general opinion of the "Chinese respecting Ly Gow is that he is hot tempered and would commit an assault on a very slight provocation. I have never been charged with a criminal offence before.
Cross-examined ; the track where we met was about the width of the table — about 4 feet. (There was further examination respecting the struggle but without •liciting anything material.)
Wong Wah, miner, Lyell, said Ly Gow had a general character of being quarrelsome and savage.
Ah Chu, Kumara, gave similar evidence, Ly Que was a quif t peaceful man.
Hugh King, Chinese interperter, had known Ly Gow about 17 or 18 years. His character was very bad alwayajquarrelling. Ly Que, the prisoner, was a very quiet man, never in any quarrel. Mr Park «called rebutting evidence as i follows :—: — Chow Yung deposed he had known Ly Gow for about five years ; he had a very good character Martin Rogers had known Ly Gow about 18 months. Prior to the arrest he heard nothing against him. Since then he Lad from amongst the Chinese that Ly Gow was quarrelsome. Mr Beere addressed the jury. Mr Park replied. His Honor summed up. He said it was established beyond a doubt that on April 4 Ly Gow received a wound on the abdomen an inch and a quarter wide and so deep that some of the fat lining of the stomach protruded. They had also uvidence of the struggle. They had one account of a stabbing without provocation ; on the other side that a blow had first been given, caused by a former row over some disputed account. It was for the jury to say which was the most probbable' story. They had to consider whether the wound could have been caused as accused stated. Against that they had the evidence of the doctor (who was not cross-examined upon it,) who said that the wound could not have been caused by the knife produced in evidence and which accused said he was cutting tobacco with immediately before the assault. There Were two counts. The first was of stabbing with intent to murder. If they believed the story of Ly Gow they would affirm the first count — that is if they believed the action was a deliberate one. If they believed there was a struggle and the injuries were caused by the 'accused without deliberate intention to murder but still with the intention of causing injury, they could then bring in the second count ! of attempting to do grievous bodily harm. If they thought the knife was used accidentally or in the belief that it was necessary for his own protection, that his own life was jeopardised, they could bring in a verdict of not guilty. As to the evidence of character it was for the jury to say what consideration it was entitled to I
The jury retired at 5.40 and returned in 8 minntes with a verdict of "not guilty." The accused was then discharge!. At 6. p.m. the Court adjourned till 10 a.m. the following day. West Coast Times , Issue 10200, 10 September 1895, Page 2
Mr Park having briefly opened called
Ly Gow, miner, Matakitaki, who dep#se that he met the accused at 2.30 on the Matakitaki road on April 4th. No word was spoken by either. Accused drew a butchers knife and stabbed witness in the abdomen. He ran about a chain off and looked at me. I attempted to get up and he ran away. I put ray fist up because T was afraid he would stab me again. The fcnife was about 9 inches long and an inch Jbroad. After accused ran away I walked to find aiwitness, resting after going every 4or 6 chains. I got to Mrs Haldane's. I told her I was stabbed and showed her the wound. The trousers produced are the ones I wore. I was) in the hospital for five or six weeks. The hole in the trousers was made by the knife when accused stabbed me.
Cross-examined. Accused lived with me once for about a fortnight. We were not mates. We had no disputes. Accused owed me ten shillings once. He abused me, and slandered me and I detained his swag. There was no row. Subsequently some one went security and I sent him the swag. Accused denied generally that he had quarrelled with a number of individuals named by counsel.
Mrs Elizabeth Lloyd, formerly Haldane, residing at Matakitaki, deposed that Ly Gow came to her place on April 4tb. He appeared very weak. He showed me -where he had been stabbed. I sent him
to May's store. The store is about a mile from my place. He returned in about half an hour ancLsaid they told him they could do nothing for him. Martin Rogers, constable of police stationed at Lyell, deposed to the arrest of accused on April 6th at the Chinese store, Glenroy. He had the clasp knife produced./ '
E. H. Scott, a legally qualified medical practitioner residing at Reef ton deposed: Ly Bow was admitted to the Reef ton hospital on the afternoon of April 6th suffering from a wound in the abdomen between the navel and the ribs on the right side. It was an incisive wound abcut4£ inches long and some portion of viscera • was protruding. The wound had apparently been inflicted about forty eight hours. It was dangerousi to life.
Tins was the case for the prosecu tion»'
Mr Beere opened for the defence and called
Ly Que, the accused, who deposed : — I was coming down the Matakitaki track when I met Ly Gow. I stepped aside to let him pass when he hit me a blow with his elbow. I asked him what he did it for when he hit me again, choked me and threw me down. I don't know "how Ly Gow was wounded. I had the knife in my hand all the time, as I was cutting tobacco when we met. When I was down under Ly Gow struggling to get away the knife must have gone into him but I know nothing about it. I don't know how I got away. My hand was cut also. I ran away because Ly Gow stopped to pick up* a stone and chased me for two chains when he stopped, then I walked leisurely away and went -to the Chinese store. I did not know that Ly Gow was stabbed. I stayed at the store. I was told two hours afterwards that Ly Gow was wounded. The general opinion of the "Chinese respecting Ly Gow is that he is hot tempered and would commit an assault on a very slight provocation. I have never been charged with a criminal offence before.
Cross-examined ; the track where we met was about the width of the table — about 4 feet. (There was further examination respecting the struggle but without •liciting anything material.)
Wong Wah, miner, Lyell, said Ly Gow had a general character of being quarrelsome and savage.
Ah Chu, Kumara, gave similar evidence, Ly Que was a quif t peaceful man.
Hugh King, Chinese interperter, had known Ly Gow about 17 or 18 years. His character was very bad alwayajquarrelling. Ly Que, the prisoner, was a very quiet man, never in any quarrel. Mr Park «called rebutting evidence as i follows :—: — Chow Yung deposed he had known Ly Gow for about five years ; he had a very good character Martin Rogers had known Ly Gow about 18 months. Prior to the arrest he heard nothing against him. Since then he Lad from amongst the Chinese that Ly Gow was quarrelsome. Mr Beere addressed the jury. Mr Park replied. His Honor summed up. He said it was established beyond a doubt that on April 4 Ly Gow received a wound on the abdomen an inch and a quarter wide and so deep that some of the fat lining of the stomach protruded. They had also uvidence of the struggle. They had one account of a stabbing without provocation ; on the other side that a blow had first been given, caused by a former row over some disputed account. It was for the jury to say which was the most probbable' story. They had to consider whether the wound could have been caused as accused stated. Against that they had the evidence of the doctor (who was not cross-examined upon it,) who said that the wound could not have been caused by the knife produced in evidence and which accused said he was cutting tobacco with immediately before the assault. There Were two counts. The first was of stabbing with intent to murder. If they believed the story of Ly Gow they would affirm the first count — that is if they believed the action was a deliberate one. If they believed there was a struggle and the injuries were caused by the 'accused without deliberate intention to murder but still with the intention of causing injury, they could then bring in the second count ! of attempting to do grievous bodily harm. If they thought the knife was used accidentally or in the belief that it was necessary for his own protection, that his own life was jeopardised, they could bring in a verdict of not guilty. As to the evidence of character it was for the jury to say what consideration it was entitled to I
The jury retired at 5.40 and returned in 8 minntes with a verdict of "not guilty." The accused was then discharge!. At 6. p.m. the Court adjourned till 10 a.m. the following day. West Coast Times , Issue 10200, 10 September 1895, Page 2