FISHERY CREEK FRACAS
Two Italians, Antonnio Tremarchi
and Leonardo De Roma who were charged with attempting to kill Harry Lock, who was knifed in a malee at Fishery Creek on Saturday night, November 4 were acquitted by Mr. A M O'Kelly P.M. in the Babinda Police Court yesterday.
Hearing of the charges occupied 5 1/2 hours, and at the end of the Crown case, the Magistrate found that no prima facie case had been established. He dismissed the accused
THE PIVOT. .
The case against the accused hinged on identification. There were several con flicting statements in the evidence of those who were present or concerned
in the fracas.
Lock, in evidence, declared that it was a dark night and he could not de- finitely swear to the identity of his assailant. During cross-examination he declared that on the build of the man he was positive it was not Tremarchi
The story of the fight was told by Maurice James Halley Coe, who, in evidence, stated that he had -an argu- ment with a Sicilian, in the dance hall, but the argument was- not with either of the two defendants. After another, couplé. of. dances Coe said he walked to the front of the hotel where the Sicilian met him and punched him in the eye.. . .They exchanged a few
ON HIS BACK
Coe added 'that Tremarchi then jumped on his back and hit him on the back of the neck. Another Italian, Salvatore Mangano, separated him and the Scilian he (Coe) then went through the hall and saw a number of men of all nationalities run to the back of. the hotel on to the recreation ground.
He there saw Tremarchi with what appeared to be a knife in his hand Connect, with, Lock's .abdomen." Coe illustrated his evidence by showing the action of Tremarchi's arm in striking the. alleged blow. Lock staggered and fell to' the ground;
-Replying to Mr.. J. Bennett, who ap peared for the defence, Coe stated that there was a light shining through from the back of the hotel'on to the scene. He- said ' that there were onlv three people In , front of " him defendant Tremarchi, a man McDonald and Lock. Witness -was only 15 yards away.
PLACE OF KNIFE
.Lock, .however, in his evidence swore that it was a dark night and so gloomy that he could not distinguish who the person was that stabbed him.
Other Crown witnesses, on the other
hand, swore that at a distance of ten yards they saw the flash of a knife in Tremarchi's right hand
The Magistrate pointed out that the blade of the knife was rusty, and failed to see how it would flash in the
Mr". Bennett claimed- that .there was not a scintilla of evidence against De
Sub-Inspector McIver admitted that no evidence had been produced against De Roma, but submitted that there was a direct case against Tremarchi and asked that he be committed for trial.
; Mr. Bennett then drew thc Court attention to. admission jduring his cross-examination of Lock and the 'conflicting-evidence of other-Crown witnesses.
Mr. O'Kelly de3clarted that in view of the unsatisfactory nature of the evidence no prima facie case had been made out against either defendant and he discharged 'them both.
Police evidence of arrest and
investigation was given by Detective Acting-Sergesnt Mairs and .Constatable McErican (Gordonvale). ' Dr. Bogle gave medical, testimony and 'Superintendent Lidstone, of the Gordonvale Ambulance, gave evidence 'of rendering first aid to Lock.
;:Other Crown witnesses'were Thomas David Coe,- Cecil John Coe, Patrick .McDonald. Leonard Cummings, :George Powell, Herbert Westlake and-Salvatore Mangano, of Fishery Creek.