MAGISTRATE’S COURT

Hokitika Guardian, 4 December 1925, Page 3

MAGISTRATE’S COURT

THURSDAY, DECEMBER 3. (Before W. Meldrum, Esq., K.AI.) SOUTH SPIT FRACAS. Police v. Thomas A. Howard, a charge of assaulting Sydney O. Holley. A similar charge was made against Annie Howard, of assault. Mr Joyce appeared for defendants and pleaded not guilty. - Mr .Murdoch appeared to watch the case on behalf of Holley, while Sergt. Smytlie conducted'the prosecution. Evidence was given as follows : Sydney O. V. Holley deposed ho was a surfaceman residing at South Spit. On November 13th sent a message to Howard and a reply came to conic to the house. Went to the house and saw Mown I'd. Asked him “ What about these cows of yours.” Howard replied,

“ Well, what about them.” Witness replied that the cows had heen in his (witness’) paddock. Howard replied they had not heen in the paddock, they were on the road. Witness showed his hoots which wore muddy to prove he had heen in the swamp in his paddock. Howard said the cows were not in the paddock. Witness replied you’re a liar, they were in the paddock, and you know it. Howard did not reply hut struck witness on the side of the laoe and knocked witness down. Got up immediately tine! Howard rushed him. Witness closed with hint. Roth fell on the ground, witness being on top. Howard had hold of witness's nose. Called out to leave go my nose, you know it has been broken. He would not leave go. and witness struck hint on the side of the fact* with his right hand. Howard let go and witness jumped to his feet. As he did so Mrs I Inward st ruck him on the hack of the head with a stick - and he fell unconscious. When he came to, he was ah,out 2.1 feet from where he fell. How. ard was on top of him punching with his lists. Struggled to get away and called “Andy.” While he was calling out Howard was still punching him. Was feeling sick and could only see out of one eye. Howard picked up a hoard 3ft long and threatened to hit witness, lie then threw it down and with his wife and children rushed inside. Had had no quarrel with Howard before except trouble over his cows wandering, lie did not pick up an axe that night and threaten Howard with it. lie had had his nose broken in a bicycle accident. The photograph was taken two days alter the struggle, lie injury to his head was caused by .Ml's Howard with a stick - .

Ti Mr Joyce - Lived about a quarter of a mile from Howard. He did not speak to Mrs Howard when he went, to the door and Airs Howard did not speak, hut went inside. Witness was quite tool. Called Howard a liar because lie was quite convinced he was one. The wife and family were near the lean-to in full hearing of all Hint took place. Witness did not rush at Howard, lie denied picking up an axe and did not see one there. Ihe struggle

only lusted :i few seconds. Witness was knocked down with the first blow. Saw Mrs Howard coming towards him with a stick about 4ft long. She gave him a hard smack and he went down. Afterwards he went to Muir’s and got his face washed and head bandaged. The 11 cycled home and later went to the doctor and had his injuries dressed. Then reported to the police. The only chance he had to hit Howard was when they were on the ground md Howard had hold of witness’ nose. Andrew Muir deposed he was a surfaceman and resided at Takutai. He lived about 200 or .‘SOO yards from Howard and saw Holley on 13th Nov. about A. 30 when he was going to Howard's. Saw him. do so. Later he heard some one calling and went out and saw Holley coming round Howard’s house. His face was all red with Wood. Brought him to the house and

washed Ids face and bandaged his eye. He looked knocked out and .very sick. From the time Holley went towards Howards and the time Holley came back- was five minutes.

James Richardson, deposed he was an engine-driver at Takutai. Saw Holley going into Howard’s place and a few minutes after saw llolloy staggering down the road and saw he had blood over his face.

Constable Rest gave evidence that he saw Holley on 13th Nov. about (1.30 p.m. His.' head was bandaged, his we was swollen and one lip was swoli•n. lie complained of having been as-

-u idled by Howard. I.ater went, to Howard's residence and interviewed Howard. He showed Hie locality where '.tie row had taken place, 'where an area was hoarded over. On the hoards were blood stains caused by the fight. Saw some 'labs near the corner ~f the house. Howard said Holley had taken to him with the axe. The. axe was on the woodhead. Mrs Howard deiaonst rated how Holley had used the axe. Witness read a latement made by Howard that evening. |)r Bruce Board gave evidence llml Sydney (». Holley visited him. He had a scalp wound about an inch long on the right side that had been bleeding and then .slopped, lie had a black right eye. There was an abrasion of the cheeks and of the upper and lower lips, lie stated he had been knocked out. The photograph i produced) tak-

en two days later gave a fair impression of the injuries. If Holley stated I e was hit on the head with a piece of wood it would he consistent with the

injuries. To Air .Joyce—Thu discoloration would be greater u day or two later. The injury to the scalp was possible as ti e result of a fall on a piece of wood. This was the case for the polite. Air Joyce outlined the defence and called the following evidence. Thomas Howard deposed he was a sawmill employee residing at lakutai. Knew J [ollev. On Uth Xov. he returned home t com the creek with his wife. Ilis hoy had told him Holley V, (anted to see him about the cows and he said he was not going. A knock came to the door and airs Howard said Holley was there. Witness stepped out and Holley said what about these cattle of yours, they are always in the paddock. Witness denied this and Holley said they were in the paddock that night. Witness said they nere not, they were on the road. Holley said lie was a lying bastard and struck witness on the shoulder. Witness l ruek buck and hit Holley, who rushed for Ihe axe and picked it up. Witness rushed in and got the axe away. Witness then struck Holley and bit him. They struck at each other several times. Holley closed with witness and pulled him down by the legs. Holley tried to hit witness when on the ground. Witness rolled Holley over and got up and ordered him away, hut Holley rushed in again and witness struck him again. Holley went away a little, picked up a child's cricket hat and made to strike at witness hut missed. The children were crying around him and witness went into tin: lu’ii so will] his wile and children. Holley then went away. Mrs llonard did not strike Holley at any I imc. To Sergi. Smyth-Witness got struck on the arms lending blows. The axe was pul hack on the wnodheap afterwards, when chopping the morning wood-. lie told his wife to keep quiet when the police were there, because be was the head of the house. 1 Ann Howard. wife of Thomas Unwind, deposed she remembered Holley aiming to the door. Holley turned his bad;. She called her husband and l.e went out. Holley asked what his cows were doing in his paddock. Her husband asked where flic cows were and Holley said they were always in Ids paddock. Holley called her husband a lying bastard and struck at her husband but missed. Her husband struck Holley and they had a fight. Then Holley let go and picked

up the axe. Her husband rushed Holley, who dropped the axe, ami they had another light. She took the axe away. The two men clinched and both fell. Holley being on top. They wrestled a lot ami then both got up. Her husband ordered Holley away and then they had another light. Then Hoi ley picked up a child’s hat and they had another fight. Then her husband and the children went inside. She did not strike Holley any blow tit all. To Sergt. Smyth—There was a

pitnii 'HuiMi (Jii Liu.* pnmonn. anu one near tlie door. .Did not remember Icr husband that night lolling hor not to say anything. Did not hear her husband saying anything. I have never hit anyone on the head. Idtlit-1 Howard, a schoolgirl, daughter of defendant remembered Holley calling in the evening. He came about the cows .Mother went to the door. He

feined his hack on mother. He asked about the cows being in the paddock, when father came. He tailed father names and struck at father. When lather went to hit hack Holley went foi the axe. Mother took the axe to the verandah. Holley then tripped lather, who fell, with Holley on top. When they rose Holley got a bat and went to strike father. To Sergt Smyth—My age is to years. Had not talked with my parents about the assault. To the Bench —Did not. see TTolley being hit. He and father were bleeding Saw father struck once in the hue. There was blood all over the viiandah from Holley. Did not see Kuliev knocked down. The .Magistrate said there was the Usual conflict of evidence. There was no doubt who got the worst of the trains The defendant escaped very well Holley suffered most and from the hector's evidence the wound was caused by a blunt instrument, which hied a good deal. It could not bo caused by two lists. The photograph showed Holley was badly marked two days after. There did not appear : o

-K justification for the serious injuries infilled. Holley was justified in making the complaint about the cows. Taking all tlie circumstances into account as to the defendant's demeanour when the police called and that the defendant had used more force than was justified, he was found guilty of an assault. With regard to the charge against Mrs Howard there was conflicting evidence, and Mrs Howard would receive the benefit of the doubt, and the charge would he dismissed. Howard would be convicted of the assault and fined £5 and costs £2 Is. Mr Murdoch asked no expenses be allowed Mr Holley as lie had his civil remedy. The Court rose at 4.30 p.m.