The re-trial of S. R. Price was resumed.
Mr. A. Bassett (District Attorney), appeared for the prosecution. Mr. G. D. Musso, with whom were Messrs.
igan, Fessenden and Fleming, represented the defendant.
Mr. Bassett said that the accessed stood charged with having committed an assault with a dangerous weapon, The Appellate Court had held that in onder to prove this charge it bad to be proved that To this case s in the former case the prosecution had failed to prove that, s0 that at the most, on the case that had been made out the defendant was guilty of assault, or, as it was termed, simple assault. He considered that the testi-many established beyond all doubt that the defendant was guilty of this offence the testimony for the proxecation and the testimony for the defence proved that he was. The testimony of the accused himself, of Mrs, Stewart, the only two witnesses who had any knowledge of the occurrence, and the other evidence used for the purpose of impeachment, all showed that the accused was guilty. Counsel then reviewed the evidence that had been given by the accused himself, and submitted that it was only in answer to leading questions from the attorneys for the defence that Price had stated that he believed himself to be in danger. Nor did accused's statements corroborate those made by the woman in her affidavit.. She stated that Jovansen took up a knife, but she said that she did not' place serious construction upon it, 80 how theo could defendant say that he was threatened? After Jovansen had picked' up the knife she turned her back on him and walked out of the room. Jovansen could not been in ® very aggressive frame of mind because as soon as he saw the revolver be complied with Price's request with extraordinary rapidity. There was only one point where there was any difference between the evidence for the defence and the prosecution, and that was in regard to whether Jovansen took up knife. Counsel then went on to deal with the disappearance of the Chinese witnesses who had given testimony at the former trial. One witness did come, bat at the critical
Text read from the printed page and cleaned; old type leaves the occasional error.