ASSAULT CASE.

Manawatu Herald, Volume XXXIX, Issue 1705, 28 April 1917, Page 3

ASSAULT CASE.

McKNIGHT v. ANDRESEN,

TROUBLE ABOUT IMPOUNDING A COW.

At the Magistrate’s Court yesterday morning, before Messrs Eraser and Himtner, J’s.P., the assault, case, Jus. McKnight v. Phoebe Audreson, was heard. This case had been adjourned on two occasions, the lirst time on account of defendant’s child having the measles, thus preventing the defendant from attending I he Court, and on the second occasion through there being no interpreter present, defendant, who is a native, asking for the services of an interpreter. Yesterday morning, however, everything was in order, and the case was proceeded with. Complainant conducted his own ca.se, and Mr Park appeared for defendant, Mr Bore Rangiheuea acting as interpreter. The complainant in evidence stated that on the date in question he, in the coarse of his duties ns borough ranger, impounded defendant's cow. The animal had been grazing on the road to his knowledge for 4(1 minutes. He didn’t sec anyone in charge of it, hnl when he started to drive it to the pound a hoy got up from (he gutter and said that he was taking it to the paddock. When near the pound, defendant came a - 1 Jong ami tried to get possession of the animal, but as she refused to pay the usual fee, one shilling, he refused to give the cow up. A little later when witness was attending to one of (he street lamps defendant and her husband came up. Witness had hold of his bicycle, with a ladder on it at the time. Defendant accused him of taking the cow away from I he hoy, and when he denied this she got hold of his bicycle with one hand and struck him with the other hand (clenched) on the cheek. The blow was a heavy one, and drew blood. She also said he was a —liar. To Mr Park; Defendant's husband was present when the assault was commit led. It was about 10.'JO a.m. when witness tools possession of the cow, and I he assault was committed about ten minutes to eleven. He had the ladder on the bicycle at the time, and was positive that the ladder never touched Mrs Andresen. When he took the cow in charge the hoy was 50 yards away. In reply to a further question, witness said that when defendant made the accusation as to his veracity he told her “she was another.’’ He brought the action as it was necessary that he should he protected in carrying out his duties as ranger. Mr Park said the defence was that the blow was struck under great provocation, and the assault • —if it was found that, an assault had been committed —was only a trivial one. He called William Andresen, defendant’s husband, who said dial when the hoy came home and told him the ranger had taken the cow, he, in company with his wife, went and saw McKnight. He asked him why he had taken the cow away from, the boy, and McKniglil said that witness was not allowed to feed the - tiling on Hie road, and that it bad been on the road for .two hours or more. McKnighl’s bicycle was standing alongside the foot pat ii, and defendant rested her hand on the seal of it. McKnight [licked up Ins ladder and said: “Oh, get out of the road." and struck Mrs Andresen with the ladder. She said, “Yon dirty coward,” and slapped him across the face with her open hand. She certainly did not call him a —• — liar. They never grazed their cow on I tic road. The animal was milked at. the paddock, about a quarter of a mile away. It should not have been impounded, as (he hoy was driving it hack to the paddock. In answer to a question by the Beneh, witness said that on the day in question I he hoy was only away from the house about half an hour, when he came running Imek and said the ranger had impounded the eow. a To complainant : When witness questioned him about the cow complainant certainly did not speak civil to him. At this stage, Mr Park pat in a letter from Mr .). A. Smith, who was unable to attend the court, stating that the ranger look the cow away from the boy who was driving it. Tiie Bench, however, could not admit the letter as evidence. The defendant, Phoebe Andresen, said that she refused to pay McKnight, the fee of one shitting before he had pul the cow in the pound because he had wrongfully taken the animat from the boy. in company with her husband, she saw McKnight a little later at one of the lamp posts. His bicycle was standing alongside (he footpath, and she rested her hand on it. They questioned McKnight about impounding the eow, and lie told them not to bother him. Witness replied that they were not detaining him, and McKnight then shoved back the ladder and it struck her. She took a side step to clear the ladder, and her husband took hold of the other end of it. In stepping a : ■side she slapped McKnight on the

face with her open hand, and said “You dirty coward!”

William Harrison said that when the ranger took possession of the cow he (witness) was driving it along the road. After a short conference, the Heneh announced that they found on the evidence of the defence, that an assault had been committed. The rangin’ must he protected in the execution of his duties, and defendant would be lined 20s, with court costs 7s, and interpreter’s fee 10s (id.