ALLEGED ASSAULT.

Manawatu Herald, Volume XXXIX, Issue 1717, 26 May 1917, Page 3

ALLEGED ASSAULT.

TROUBLE AT MAKOTIRL At the Magistrate's Court yesterday, Joseph Williams was (-barged on the information of Fanny Wilkins that he did, on May 21st, assault her by striking her on the hand and leg with a shov'd. Mr H. R. Cooper appeared for complainant, and defendant, who was not represented by counsel, pleaded not guilty. Fanny Wilkins, in evidence, staled that defendant was employed by Mr P. Easton, of Marotiri, and that for some time [last the relations between witness and the defendant and his employer had not been friendly. On the day on which the assault was committed witness was riding along the road, and noticed defendant on the property of witness’ husband, cleaning out a drain. Witness asked who gave him permission to go on the properly, and he said that Ihe fence encroached eight feet on the road. He u,ld her to “go and get her head read,” and also used bad language. Witness stood in front of him to prevent him going on with the work, and he threatened to dip her in the drain. He struck her with the shovel on the hand and leg, and also struck her horse across the head with the shovel, and it broke away. Witness then went after her horse, and mi the road met Mr Newth, to whom she complained about Williams striking her. Hhc then came into Foxlon and laid the information.

Mark Newth, farmer, Monloa, said llial on tlio day in question in* saw .Mrs Wilkins on the road trying 1 to calcli her horse. From her appearance he thought she had been thrown. She stated that she had ordered Williams off her properly, and l hal he had struck her with a .-hoick Constable .Hanlon said that when Mrs Wilkins came in and laid the information her left hand was cut and hrui-ed. She asked witness to have a look tit the horse’s head, which had a patch of mud on the left side. .Mrs Wilkins had a small trap whip with her. The defendant, Joseph Williams, -aid that according to his agreement as ■ i share milker, it was his duty to clean out the drains on the property and on the dale in question was cleaning out a, drain just inside Wilkins' fence, in order to let the water get away. .Mrs Wilkins came along and asked who gave him permission to go on the property. He replied that he was on the road, as the fence encroached on the road line. Mrs Wilkins got off her horse and started hitting witness with a whip. In attempting to do so she struck the horse over Hie head, and it broke away. Witness continued ids work, and complainant all (he lime was striking at him with the whip. The whip was about, live or "six feet long. lie was about Jive yards from the fence. Witness said lie did not touch her with the shovel. Mrs Wilkins used very had language to him. When she was getting hack over the fence she fell and possibly that was how she hurt herself. The .Magistrate said that as complainant and defendant were Hie only two present at the time, it was a case of oath against oath, and whal he wanted to get at was who was telling the truth. Complainant’-' story to a certain extent was corroborated by others as to her appearance and the mud on the horse’s face. From defendant's story he had no hesitation in saying that he had not told him the truth. At the same time complainant would.have been a wiser woman not to have interfered, but to have left the matter for her husband to deal with. He would advise them to leave each other strictly alone in future, and not to have anything at all to say to one another, Doth parties had been very reluctant to tell the whole truth. He didn’t think the assault was a very serious one, and although he thought defendant had had some provocation it was not sufficient to justify him in striking complainant with a shovel. He would be lined 10s, and ordered to pay £1 Is counsel’s fee.