ASSAULT CHARGE

Hokitika Guardian, 18 November 1933, Page 5

ASSAULT CHARGE

WORDS AND BLOWS

COUNTY CHAIRMAN INVOLVED.

(Per Press Association, Copyright),

WELLINGTON, November 17. A charge of assault, made by Robert Westley Bothamley, solicitor, .against John Hugh Marshall, farmer, was heard to-day by Mr Page, S-M. Bothamley said h e was chairman of the Makara County Council, the Makai’a •County representative on the Hutt Valley Power Board, .and a member of the Titi,hi ■ Bay Progressive Association. In September, the Makara County Council gave permission to the Titahi Progressive Association • to plant tree® along the waterfront at Titahi Bay. The request for permission was opposed by the defendant and five, others, on the grounds that the trees would prevent them seeing directly to sea. from their properties. After permission w,as given, Marshall, telephoned witness, and called him a, "worm,” and “a crawler,” and numerous other names, and said he intended to pull h l ® nose. lie also threatened to turn his sheep on witness’ land. Witness replied he would hive Marshall bound over to keep the peace. Witness went on to say how, when driving his car, he met Marshall with a mob of '.sheep. He went slowly (through, 'and the oar stalled a few yards past Marshall. H e put his head out of the window, and called to Marshall, “Come here,” as he thought that it would be a good opportunity to talk the matter over with him. Marshall strode up to the car, and started to punch witness through the window,, but he ,only grazed witness’ arm. They were half-hearted ‘ sort of whacks.

Witness got out, and said: “Don’t forget you called me a- worm!” Marshall replied ; “So • you are a b worm!” and he gave witness a “beauty” in the eye, breaking his glasses. While , witness was putting hi® glasses in the car, Marshall gave , him one in the “lug.” Then he hit him on the back of the head. That put witness practical-, ly out, and Marshall knocked him over the bank on to the seafront. He fell on ,a sandy beach and struggled t.o -Bis feet, but Marshall jumped down after him. Then he threw witness down, and sat on h:m, and pummelled him, “I hadn’t a.hope, T hadn’t the strength of a kitten after the crafclt on the head,” said, witness. Marshall asked: “Have you hid enough 7” Then he allowed witness to. rise. Witness war, 45 year® of age, and Marshall, whom he thought to be in his thirties, was physically. «w ,,! powerful. “He could eat mo,” said Bothamley . , Witness was submitted to a vigor* ovis and lively cross examination. An eye-witness gave evidence. The case is proceeding. “I .suggest,” stated Mr Mazengai’b, opening the defence, “that wanted to show defendant that no man could call him a ‘crawling worm’ with impunity. It is contended f° r the defence that the affair on the roadside had more of the characteristics of a fight than °f a brutal, unprovoked assault. It was meant to be a trial by battle.”

Describing the meeting of the two men, defendant in the box, said: “As he passed me in bis car, he called out “You’re looking ‘b sore on it this morning!” I did not reply, but walked on. Later he called out, something, and pulled up. his car, land I I went back to him, thinking he want-1 ed me. He then said; “What did you call me over the ’phone-, speaking of two months be foie, since when neither of us had isp°k©n to the other. I (replied ; ‘Exactly what you are —a crawling worm!’ He said ‘You cur! No man will call me that!’ .and whacked at me out of his car. The window was down. I said '■ Tf that’s what you want, get out.’ I did not strike him in the car. He then got out, and threw his hat and glasses back into the car, the glasses hi it ting (the -car and breaking- He made a swipe .at me .and said : ‘Come on!’ I stepped' back and hit him in the .eye.' He backed over the bank, and I jumped down after him, and then we had a wrestling match. I struck no blow, and did not use my feet at all.. 1 put him, down, .and asked if lie had had enough. He said ‘Yes,’ and I let him up.” The Magistrate reserved judgment.