INTERESTING CASE AT THE R.M. COURT.

Mataura Ensign, Issue 254, 11 May 1883, Page 4

INTERESTING CASE AT THE R.M. COURT.

« — . SOUNESS v. SIMSON. At. the sitting of the R.M. Court at . Gore on. Wednesday last lan Simson , Sirason was charged -with having unlawfully assaulted and beaten William Souness. Mr Jletcher appeared for the complainant, and Mr Finn, with him Mr Henderson, for defendant, who pled Not Guilty. William Souness deposed that he was a commission agent' at Gore, and knew Mr Simson. On the 18th April the firm of Green and Souness sold some sheep to Mr Hugh M'Lean, and on the following day, befoie they were removed, he saw two or three people at the yards. On going there he met Simson coming away. Spoke to M'Lean • about a small mob of sheep that had not been sold on the previous day, asking where they came from. While M'Lean. was replying, Simson came to 1 the yards, jumped a fence, and said to Mr D. Robertson, who was in one of ■ the pe'us— 'Those are the sheep, Mr Robertson.' Witness asked M'Lean if Simson was selling the sheep, and, on receiving a reply in the affirmative, sa id — « Then they'll have to be removed • out of the yards.' They were M'Lean's sheep. Simson turned round and said 1 « You're ab— sneak, Souness ; you 5 won't live and let live,' and walked ■ along the side of the pen, coming closer I to witness, who was standing on the i fence of the pen next him. Simson leaned over the fence, and struck witness across the shoulders with a whip. Jumped across the two fences, intend- . ing to retaliate, but M'Lean interfered. Then said that he would put Simson out of the yards ; that if there had been a policeman present he would have given him in charge, but as there was 1 not he would take measures himself. The row was brought to an endsoon after by M'Lean's saying that he would take the sheep out. Simson approached witness with the whip in a furious man--1 ncr, and he had to put : himself man. I attitude of defence.— To Mr Finn : Bid , not attempt to strike Simson, but would; ; have done so had M'Lean not interfered. The mark inflicted by the whip | was not a serious one. Pid not take, his coat off, but Simson divested him- 1 ; self of his. Witness took off his hat j 1 and spectacles. Mr Simson beloriged| ; to a -rival' firm; he called himself tor 1 auctioneer. Was annoyed because, Simson used the. firm's yards without asking leave. The sheep were being sold by him to Mr Itobertson. liatt had no rows lately, none of much con-;

sequence since he left school. Saw Sinison over a month ago in his office, and led him to understand that he was not a man of his word. t , I 1 | I j

Eobert Baxter, farmer, Otama, remembered the disturbance, being at the yards at the time. Souness asked Simson if he was selling the sheep, and, :re- • ceiving no answer at first, repeated the question, when Simson replied—' Yes.' Souness then said he would have to leave the yards, whereupon Simson' struck him with a whip, at the same tune saying that he was mean and would not let other people live. The blow was not one that would .hurt much, but it was angrily given. Souness gave no provocation.—To Mr,

Finn : There was some sparring before Souness said < You b-, I'll put you out

lof the yards if you don't go.' This was after the whip had been called into requisition, and witness could nob be cure if he was giving the exact words.: Souness flung his hat and spectacles to the ground, but did rot see him take off or attempt to take off his coat. The whole thing was a trifling affair.--To Mr Fletcher : Simson took off his coat, I believe. Mr Finn—But Souness took off his spectacles! '(Laughter.) , , .% D. Robertson, farmer, Chatton; wa& at the yards on the day in question! looking at sheep ; but did not see the 1 disturbance. "Witness was there;with" out leave. Heard Souness order jShnson to leave.—To Mr Finn : The affair did not last very long. .Sounessf,w,as, not very excited when he came .to, the yards. .. , f Hugh M'Lean deposed that When Souness arrived at the yards heiaskecfe him who the sheep were owned by. Witness replied that they were his and that.Simson'was trying to sell them. Souness, addressing witness, said Simson would have to leave the yards, and afterwards asked Simson what he was doing there, or who gave him. permission to use the yards: could not''say which terms were employed. Souness, who was not in the best of humor, then told Simson decisively that' 1 he'j would, have to leave.- Simson ma<jlesqm6 answer, and, a few pretty tall words ha%* ing passed, came over Souness' back' with a lash of his whip. In witness'; opinion, the.blow could be felt.—To Mr Finn: Saw some * shaping' afterwards between them. „ .*,-,- r.This was complainant's caae., , ...,■,; i: Mr Finn, in opening the case for thp f \ defence, said the disturbance .arose put of rivalry 1 between two auctioneering, firms, and it was a great pity the'master could not have been settled' oiiVof Court. Every effort had beenm'a'deTtd' settle it amicably, but that could not be done—hence the appeal to His Worship. It was quite clear to any impartial person that the disturbance arose from Mr Simson's endeavoring . to sell 3heep in Green and Souness' yards; and looking at the whole surroundings and at the fact that there \ had been a previous disturbance, { he thought His Worship would- have xLo hesitation in coming to the conol^sion<; ;£| that the present ■ action, :was jjbrbtf^U|^^ principally to daaoage an|;MoyMM^W in business.' Mr bimsons tem^gKwa^|^s a hasty one, and Mr^Sounessior^erJ^^M him out of the yards offensivelytft'^w;-;f| not to be wondered at' thaf'in'*tKe!h)e^f '-jm of the moment some little,'disturbance ■ should have occurred, i Really no harm* 5 was meant. It was quite evident that after the first outburst. Mr Souhess was also ready- 'for the fray. The whole affair was without doubt a very trivial one, and the learned'cduit-^ sel regretted that in a town like Gore' two. auctioneers should not be able tw live amicably. Even if one did..go fa another's saleyards, there surely was no( reason for a disturbance of the nature of that indicated by the, evidence., ( , I. S. Simson deposed that on the date < mentioned M'Lean f told him ,} he had some sheep for sale, and tnat if he could find him a purchaser commission would be allowed. As he had some clients he took them over to Qreen and Souness' yards, where tfie stieej) welej but before, he had been there long §ou-( ness came up,! and; after ascertaining whose sheep they were 1 and by what' auctioneer they were being sold he thus^^. addressed witness—'Youb—,'if 7oiljHj don't go out of the yardsTll put-yctf^ out.' Some. other objectionable language passed, and ultimately witness said—'Take that,' at the same time striking him with a whip, and protesting against being insulted. Afterwards Souness placed himself in a fighting at-, titude, and witness defended himself, but M'Lean separated them. A month 1 or two ago Souness called him a, 4— ■» liar and swindler. , ,„ His Worship—That has nothing, to do with the assauU. Mr Finn—No, your Worship, boyond this, that it proves provocation! " Witness (continued)— The lash Was. not a heavy one, and was inflicted with a buggy whip.—To Mr Fletcher': "Objected to leave the yards because of the manner in which iSouness ordered him. Did not think Souness had any right to order him out. His Worship said there could be no question about the assault, the only doubt in his mind being as to provp^jJ 1 tion. Some irritating language Bad been used, perhaps. He agreed with Mr Finn that it would have'been a great deal better to keep the case out j of Court; but as it had,come before . him he must give his decision, jhe, assault was not an ordinary one. A whip was a specially degrading instrument to use, and no excuse could be offered for using it. Again, this was not Mr Simson's first offence, Jand he Reared he had a very hasty temppr. 1( A fine of £3 would be inflicted', and d^ fendant would have to pay £i 5s boated

; ? =- r— . -\.\v\\ ■ There was also a cross-acticm^Simspn. j v. Souness, ; in which the latter was ,1 charged yriiu using abusive language ;.! (complainant praying that he might be f bound over to keep the peace) ; buflfen I His Worship's advice,, Mr fcnnJHJ i sehted to withdraw this base., ' ' x \' '^w ; fl