ALLEGED ASSAULT.

Hauraki Plains Gazette, Volume XXXIII, Issue 4415, 17 May 1922, Page 2

ALLEGED ASSAULT.

” PENNELL V. WHITTEN AND WHITTEN V. PENNELL. Two interrelated cases of alleged assau’t were dealt with at the Paeroa S.M. Court on Monday by Mr J. H. Salmon, S.M., the parties being James Pennell and Robert Whitten.. Each party sued the other for alleged assault Mr J. L. Hanna appeared for Pennell and Mr E.. W. ’Porritt for Whitten. Dr. Watson Little described the nature of the injuries sustained by Whitten, consisting of several abrasions on the face and ’hands. The" injuries were not severe.

Mrs-Clotworthy, Turua, said that on March 23 she witnessed a dispute between the parties in front of her house. She saw Pennell approach Whitten, both being on horses. Whitten struck Pennell with a whip. To Mr Porritt: Next thing she saw was Whitten had hold of Pennell’s ear.

' Samuel McKee, farmer, Paeroa, examined by Mr Hanna, said he met Whitten- driving stock home. He had helped Whitten to yard the cafttle. He noted that Whitten’s face was bleeding, and in reply to a question Whitten said he had got scratched in the bush.

James Penhell, ranger, said that on the date mentioned he was on his rounds at Hikuteia. He saw Whitten loitering with cattle on the road, .and when spoken to Whitten swore at him and struck him,-, and tried to pull him off the horse. Whitten struck him first; Whitten had threatened Him several times when he had spoken to him as ranger. He wanted Whitten bound over to keep the peace. To Mr Porritt: Witness Had only one drink before he saw Whitten, who was standing, on the road letting one bull gore another. He denied using bad language to Whitten, who struck him because He (Pennell) told him to shift the cattle, or he would shift -hem for him. He passed Whitten on the road again about a mile further away. He did not then knock Whitten’s 'hat off or strike him with a whip. He had struck at Whitten with the whip when the latter had hold of is hand. This was in order to free himself. He was- then on the ground, hanging bn with one foofe in the stirrup, Whitten being above him. Raymond Neild, carrier, Paeroa, examined by Mr Porritt,. said that one day early in December 'he had heard Whitten say to Pennell: “You look at the trouble I- will get you into yet..’’

Mr Hanna said he would make forma 1 application to have Whittei bound over to keep the peace.

Mr Porritt said defendant Whitten stated that Pennell used bad language to him about a bull Pennell wanted to get out of the herd. Pennell got the bull out, and when passing Whitten about a mile further down the road Pennell knocked Whitten’s hat off and struck him across t,he face with a whip. His client asked that Pennell be bound over to keep the peace. y

Robert Whitten, one of the parties in the case, said .he had bought the bull mentioned, and Pennell took it away from him. Pennell was wavipg the whip over his head, and he (Whitten) caught the,whip in his hand.. They then “clashed,,” Pennell catching hold of his hair. Further down the road Pennell used bad language to h,im, and flogged him along the road with a whip. Three Maoris saw this episode. He reported the matter to the Police. He had never used threatening language to Pennell, who was excitable when under the influence of liquor. To-Mr Hanna: Witness said Mrs Clotworthy’s evidence was false. He did net even carry a whip. He did not s’rike Pennell at any time. He told Sam McKee a “yarn,” because he did not want to tell him anything. Air Hanna: You have been prosecuted for letting wander more often than any other man in the district, and you have been “up against” every ganger that has been here.. Witness: I have been on good terms with, the rangers, (Laughter.) Joe Piahana, a native (Mr, G. S. Lanfear interpreting), said he saw Pennell and Whitten, pp. the road. Whitten later came to him and showed him his face and hands covered with blood, Whitten stating that Pennell struck him,- He did not actually see the blow struck. Adam Walters, a native boy, of Komata, in answer to Mr Porritt, said he saw Pennell hit Whitten with a whip.

To Mr Hanna : Pennell was at Clotworthy’s place when he hit Whitten. Witness admitted telling Mr Walter Wight that Whitten hit Pennell first. The witness appeared to be confused in h ! s recollections, and made contradictory statements. His Worship therefore refused to accept the statements as evidence. ,

Eileen Paragu, a bright little native girl, said she saw Pennell come up and hit Whitten with a whip, but he did not hit Whitten first. She was not far away, and could see them plainly. To Mr Hanna : Witness did noti see the start of the row.

Willie Parakau, a native boy of ten years, said he saw Pennell hit Whitten with a whip. Mr Hanna submitted 1 that, there was no reliable evidence that Pennell struck Whitten, but there was reliable evidence thais Whitten assaulted Pennell.

His Worship said he would await the receipt of 'further evidence from Mrs Clotworthy (Senr.) which the clerk of the court, Mr W Carver Could take at the house, the lady being an invalid.