FARMERS QUARREL.

Hauraki Plains Gazette, Volume XXXV, Issue 4678, 24 March 1924, Page 2

FARMERS QUARREL.

CASE AT NGATEA. £lOO damages awarded. A ciaim and counter-claim arising out of two alleged assaults at Ngatea on October 16 last, which occupied the attention of Mr E. C. Cutten, S.M.. on three days the previous week, was concluded at the Magistrate’s Court at Auckland bn Thursday. Both plaintiff and defendant are 'well known residents of Ngatea, and as a result of previous proceedings taken, were bound over to keep the peace.

The plaintiff was Henry Grundy (Mr Hogben), farmer, and the defend - ant Halliburton Johnstone (Mr Jordon). Grundy stated in evidence that he had gone into the local store, when Johnstone greeted him, and after the exchange of a few words Johnstone hit him a blow on the side of th 3 face. Grundy alleged that he was knocked down and pommelled on the floor, and then carried out by Johnstone with the object of being dropped into a drain. As a result, plaintiff’s nose and teeth were broken, and ne had to undergo an operation. He claimed that he had been put to an expense of £BB, which with £lOO general damages, he sought to recover from defendant.

Defendant pleaded that his assault on Grundy was committed on provocation, ami he suggested that insulting words were used by plaintiff to him. Evidence was given that on the evening of the same day, whilst waiting fox- a steamer on the wharf, Grundy saw Johnstone approaching, and attacked him with a slick whicn he was carrying. Arising out of this assault Johnstone claimed damages which he fixed at £420 Us, and of which he abandoned £221 Ils in order to bring the claim under the magistrate’s jurisdiction. Grundy admitted this assault, but pleaded provocatioi of the injuries received from Johnstone earlier ixx the day.

Tn giving judgment Mr Cutten said that the lengthy evidence showed that defendant had completely last his tempet and control of himself. Ho probably never intended to commit the assault, but the assault had serious consequences. Regarding the second assault, the Magistrate said it was the outcome of defendant’s own previous act. On the claim judgment was given for plaintiff for £lOO damages, while the counter-claim wa dismissed, judgment being for Grundy, together with £24 costs.