ALLEGED ASSAULT.

Hauraki Plains Gazette, Volume XXXIV, Issue 4625, 14 November 1923, Page 2

ALLEGED ASSAULT.

ARM FRACTURED WITH CROWBAR. TWO MONTHS’ IMPRISONMENT. At the Police Court at Paeroa on Moiday, before Mr J. H. Salmon, S.M., Thomas Shore, miner, of Karangahake, was charged with assaulting a man. named James Whitting by striking him on the arm with an iron. bar. The assault was alleged to have taken place on September, 10. Mr Porritt . appeared for the defendant, and pleaded hot guilty. Dr. Cole, medical practitioner, of Waihi, sworn, said that on the date mentioned he was called to Kaxangahake to examine a man named Whitting He found the left forearm broken and very swollen, and there were also marks and scratches on the face. The crowbar produced would cause the fracture of the arm. Whitting w-is in hospital 21 days. To Mr Porritt witness said that it was possible that the scratches on the face might have been caused by a fall The arm could have been fractured by a fall against a post or the edge of a footpath, but it was not probable, in view of the nature of the injuries. The Police stated that Shore and Whitting had been prospecting together for some time. A dispute had arisen over some accounts and the moving of a shanty when defendant met Whitting in a store at Karangahake. Shore had been contracting and mining in the district for years, and was believed to have a violent temper. James Whitting, miner, Karangahake, sworn, said that he had known defendant since 1921, and had been prospecting with him for six months. He had agreed to buy a Shotpver claim from defendant on certain conditions. On September 10’ he went to the store, and on ar.rival there met defendant, to whom he spoke with reference to an old debt of £l4 10s which defendant alleged was owing by witness. Heated words ensued, and bad language was used by defendant, who picked up a small crowbar and struck witness several times. He put his left arm up to shield hist head and one blow descended and broke his arm. Dr, Cole arrived at Karangahake and ordered his removal to the Waihi Hospital. To Mr Porritt witness admitted that Shore had also claimed payment for a share of the store account. He denied using bad language and striking defendant first. When defendant became aggressive witness tried to defend himself. To the Police witness said that he spoke to defendant about the account before the blows were struck. L. Nevin, storekeeper, Karangahake, sworn, said that he knew defendant and complainant quite well. He did not see defendant strike a blow with the bar but heard complainant say "I’ll teach you to strike me with a bar.” 'A fight took place in his shop. He objected to the language they were using, and pushed them out of the shop, and they continued struggling bn the footpath for about five minutes. He saw blood on complainant’s face, but did not notice if bis arm was? broken. To Mr Porritt witness said that both parties used bad language. The fight continued on the footpath. Whitting appeared to be quite willing to fight on the footpath. Both parties fell on the pavement. As far as he was able to -see Whitting had struck the first blow. He could not say if the fall on the pavement was heavy enough to cause complainant’s arm to be broken. Constable McClinchy, sworn, said that as a result of complaints made to him he had recovered the crowbar from Shore, who had said that there had been high words used. Thos. M. Shore, miner, sworn, said that he had borrowed the bar for a particular purpose, and had called at, Nevin’s store for some groceries when he met Whitting. Defendant gave a detailed account of what took place He denied ever using the crowbar on complainant. To the Police Shore denied that any blows were exchanged in the shop, and that he had a bad temper. To His Worship Shore said that ne had only raised the bar after the struggle had finished. His Worship said he was satisfied by the evidence that a blow had been struck with the bar. A gross assault had been committed which could not be met with a fine. Accused was convicted and sentenced to two months’ imprisonment.