DOUKHOBOR BOY ACQUITTED OF SERIOUS CHARGE

Hooliaff Freed After Jury Out but Five Minutes on Verdict JUDGE CHARGES IN FAVOR OF ACCUSED Charge Should Not Have Been Brought: Scores Doukhobor Officials

John Hooliaff, 19-year-old Doukhobor youth, of Brilliant, and former member of the Christian Community of Universal Brotherhood, and charged with causing grievous bodily harm to John Obetkoff on February 9 ... when he attacked Obetkoff with a scythe, was yesterday morning acquitted by the jury after a deliberation of five minutes. ...

Hooliaff, a 19-year-old Doukhobor born in Saskatchewan, was living with his father in the Brilliant community. He had expressed a desire to leave the community. On the day that he was to leave three community officials, John Obetkoff, Koozma Pereversiff and Stephen Kinakin went to Hooliaff’s father’s house and attacked the boy because he had not paid into the community ... Mr. Justice Morrison stated to the jury that the crown had practically no case and that if anyone should have been charged, it should have been the three officials. ...

Were Forcing Boy Out

Koozma Pereversiff, a member of the Doukhobor community at Brilliant and a director of the community stated that he knew John Hooliaff and had seen him at the colony at Brilliant. Last February, Hooliaff had been expelled ... It been decided at a director’s meeting on February 2 that those not complying with the rules be notified to leave. ...

[John Obetkoff, overseer in the community, was the second crown witness.] Cross examined, Obetkoff stated that Hooliaff had been expelled for three years. He had not, in that time, contributed toward the upkeep of the community. The directors were kindly toward the boy. After February 2, Hooliaff had been visited twice, once on February 7, and once on February 9. ...

He ... told of when he was about ready to get on a horse he saw Hooliaff running toward him with a scythe saying:

"My life is only worth two cents, I’ll kill you." Witness stated that when Hooliaff approached that he (Obetkoff) jumped and grabbed at the scythe. In the scuffle Obetkoff stated that he had received a cut of about an inch in length and an inch in depth. ...

Verigin Slapped the Girl

Feddossia Zatsoff, the first witness for the defence, was a 12-year-old Doukhobor girl, who was in the Hooliaff house on the day of February 7, when Hooliaff had been requested to leave. She was visiting at the house when the accused asked for a team to take his things away. Three community officials came to the house, and asked John if he was going to contribute to the community. Hooliaff stated that he was going away and asked for a team. Obetkoff thereupon struck him with his fist in the head, and on the arm with a stick. ...

Witness stated that she was at a meeting with Peter Veregin and John Obetkoff. When she returned to Brilliant, after the preliminary hearing, Obetkoff and Kinakin took her to Veregin’s house. "I bowed to Peter. He asked what I had seen at the fight. When I told all, Peter slapped me in the face," concluded the witness. ...

Accused on Stand

John Hooliaff ... declared he was waiting for a team in order to leave. Obetkoff asked what kind of a team and struck him with his fist and a stick. Witness was attacked and ran away. Seeing a scythe he picked it up and cried to his pursuers that they keep away from him. ... ...

Lawyers Address Jury

E. G. Matthew, counsel for the youth, addressed the jury. Could it be possible to believe the kindness of the community leaders in regard to the boy? he asked. They were there to put him out. Do you believe they were gentle? ...

The boy’s story was the true one, he was waiting for a conveyance to get out in. He was attacked. ... James O’Shea, counsel for the crown, stated that the accused had broke all allegiance to the community. If the accused would not leave the officials were entitled to use force.

Accused Had Good Case
The prisoner, stated the judge, had declared that he had cut the man in self defence. Community things could be talked of, stated his honor, but he was of the opinion that the men had no right to take the boy from his father’s house. He stated to the jury that they were in British Columbia and that the Doukhobor community meant nothing to them. In fact the sooner that it was squelched the better. It was a chance for a body of citizens to express their views. ...

His lordship in concluding advanced the theory that the accused was the only one with any spunk in the whole case.