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6 corrections, most recently by brock.cook - Show corrections

STANDING SEQUEL

FISHERY CREEK FRACAS  

ACCUSED ACQUITTED

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 ORIGIN

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

blows.

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.

ALLEGED BLOW  

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    

ARGUMENT            

The Magistrate pointed out that the     blade of the knife was rusty, and failed to see how it would flash in the

darkness

Mr". Bennett claimed- that .there was not a scintilla of evidence against De

Roma          

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.

THE WITNESSES.      

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.    

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