ASSAULT CHARGE

Hokitika Guardian, 5 November 1932, Page 4

ASSAULT CHARGE

- y• / V •"* - * ■ •' TROUBLE AT MAHINAPUA CREEK

ASSAULT,AND BAD LANGUAGE.

Arising out of a dispute iny Mahintepua Creek, Frederick Howard charged William Uriah Holley with assault and 'using, insulting, language, ’ and sought to have him bound over to keep the peace. __ , Mr Elcock, who appeared on behalf of Mr T. F. Broshan for defendant.; s« : .id tbs ■- he 1 had been asked to' seek for an adjournment’. '■; '- i ' Mr Mui dociffjfhuid that it was .the first he had..nbeard' of it. Plaintiff,' whom lie represented, desired , something done. The charges were serious;' and plaintiff was in; fear of bodily harm by defendant:t/His client was a quiet, inoffensive' ! man, and defendant had been giving him a lot of ' trouble." It was highly (:•! probable that there would be breaches! of the peace unless something were done. \.‘- ■ Mr Elcock afSin souglit to. Lave the case adjourned,..but the Bench decided to hear some’ of the Evidence. Mr Elcock then asked leaver to -withdraw , from the case.; - • vron'.-.'. 'a s'

Sydney Onslow Victor,'Holley, brother of defendant, said that at 8.30 a.m, last Friday he was stftndihg- :v flt hhr trench at- Mabinttpua . Cteek - and. saw Howard get into his bcbTatid row aercss to his trench on I -thd-opposite side of the Creek, 'I r.nct 'thence down the creek pasthis ?brother’*; trench. There he turned into the old bed ot ; Fisherman’s Creek 7: and/went: along parallel with hie' brother’s . ' trench. He saw the latter pick up a long rod about 18ft long, and hold it above his head in a threatening attitude, and followed him.' He then put . the rod dotVn and ! stoned Howard.: Howard shouted out that it. waAa public thoroughfare and, he would go/through if lie wanted to. William Holley replied that King had told him to stone him, which he continued to do, driving Howard upon ’the shore. William Holley then called to two men ' to '. bring the boat along a nd dump: Howard in the water, but Howard managed.to get away. ‘ y V.-' ; Mr Murdoch : Was- Howard doing ’> anything to annoy him. y’ ; .. V ’ . . '•'*

Witness : No At about 9.30 a'.tri. on Sunday last, witness saw Howard, put some rusty kerosene tins into, his boat, jand no rowed down fast to* the end, pf witness’ brother’s into the channel where he had.previously gone, lie saw his brother: spick .up' stories and throw them. Howard sai'd: “I’m* not; interfering with and his brother then lost his head and bpmbarded him. To Counsel: Howard was not intir fering. • ??■■■ '-Vj-ff >•' Plaintiff corroborated the: previous evidence, upon which.henenlarged.:;J)ef;; fendaht told plaintiff' that "King tphl me to stone you out of it.-’ He also told me he would knock iny "block” in, and would put me in the b cemetery, as well ns calling me by an insulting and obscene term. ' Counsel: Have you ever done anything to annoy him?—No, tMr Murdoch

Edward Frederick Howard, -son of. the, plaintiff, ana' James Footb also gave evidence along similar lines, each denying interference on’t. the part of plaintiff, and both stressing the use of obscene language and ctnrowing oF, stones. The case was adjourned