MAORI ACQUITTED

Auckland Star, Volume LXXIII, Issue 169, 20 July 1942, Page 4

MAORI ACQUITTED

ASSAULT IN HOUSE

JUSTIFICATION proved

Holding, on the evidence, that the assault was justified, Mr. J. H. Luxford, S.M., in the Police Court this morning, dismissed a charge brought against a Maori, Mack Baker, aged 32, a truck driver.

Baker was charged with assaulting Martin Asajiro Noda, an internee on Somes island, wno is at present on leave in Auckland. Mr. Lan Simson appeared lor xsaKer, who uenied Uie ciiarge.

Nocla who nau a black eye, said ills wile cuiiuucLt'd an apai mieiii nuuse iii V oii'fcul, "nilnv uie

uccuueu Ijciivci' una a niii.i uaIUL'U oiliiui uCLupieu a lOUiii. jUoitiuu}' inoi mug j.gu Wiiiicss suia uc was io ouisiue uie loom wnen Liakui', vvno was-m ueu, rusneu out ana nun.

To Mr. Simson, tne complainant denied tnat he struck Baker hrst.

Mr. Simson: Baker and amitn nad been served with a notice by your wife's solicitors terminating their tenancy. They have both occupied that room for over seven years?— Yes.

Well, why did you go to their room yesterday morning and cause trouble when the matter was in your wife's hands—or rather her solicitor's?—l caused no trouble. I thought that while I was home I would nave an understanding.

You are interned on Somes Island? —Yes, my father was a Japanese, i am at present on leave.

You want these two men to go so that you can get more rent for their room?—No, that is not so.

When Baker, who was in bed, advised Smith not to continue the conversation with you, you called him a coward?—l did not.

Did you not tell Baker that if he was a man he would come out?— No. Well, did you say this to him: "If my son was here he would stick a bayonet through your stomach"?— \es I did say that, but it was said in the heat of the moment.

A girl of 13, a daughter of the complainant, also gave evidence.

Sergeant Sutherland said he was called to the apartment house in Vincent Street, where he was met by Baker and Smith. Accused admitted punching Noda, but said Noda had gone to his room and caused an argument.

"On the evidence before me I think the assault was justified, and I dismiss the charge under Section 204 of the Justices of the Peace Act." said the magistrate.