THEFT AND ASSAULT.

Manawatu Herald, Volume XLI, Issue 2019, 23 August 1919, Page 3

THEFT AND ASSAULT.

THE HIMATANGI CASE. OFFENDERS CONVICTED AND FINED. The sequel to the recent case of theft of vegetables and assault on two Chinese gardeners at Himafagi was heard at the Magistrate’s Court yesterday, when Bertram Spelman was.charged with, on August 11th, (1) stealing cauliflowers to the value of five . shillings, the property of Chung Wah, and (2) with assaulting Fong Tin by striking him on the head with a stone, and Charles Sexton was similarly charged in respect to the theft of vegetables, and also with assaulting Gee Kwong by striking him on the body with stones. Both accused elected to he dealt with summarily. Mr Cooper, who appeared for accused, entered pleas of guilty on the charges of theft, and not guilty to the assault charges. For the prosecution Constable Woods called evidence as under: — Fong Tin stated that on August 11th he and Gee Kong knocked off work about sunset, and started to proceed home. When they were about 50 yards from the garden they noticed two men driving along the road in a gig. As the gig did not

overtake them they became suspicious, and returned towards the garden to see what had become of the gig. They saw the two men go into

the garden and eomraenee breaking oft some cauliflowers. Witness and his partner went towards the men, and they threw down the cauliflowers and ran away. Witness caught them as they got through the fence, and asked Sexton why they were stealing the cauliflowers, and also asked for their names. Witness had a pitchfork in his hand, and Sexton tried to snatch it away from him. He was unsuccessful, and then picked up a stone and threw it at witness, hitting him on the head. He knew it was Sexton that threw the stone, as he was the taller of the two. Witness fell to the ground when the stone struck him, but got up a few minutes later and got in the gig and drove it to his home. While he was driving the gig away another stone struck him on the head. His partner, Gee Kong, kept the two men at bay with a pitchfork whilst witness was taking possession of the gig. The two ac-

ensed wore on the road when he took the trap away. To Air Cooper: Both witness and his mate had pitchforks. Ho did not slab one of the men with the fork. Sexton threw (he stone that hit him, not Spelman. Witness did not attempt to stab accused with his fork. Witness took the gig because the men refused to give (heir names. He didn't know he was doing wrong in taking the gig away. He only saw the first stone thrown. Get* Kong was also struck with a stone. Both accused were throwing stones. Before (ho stones were thrown his male did not attack accused with the pitchfork. It was not a fact that witness alackcd Spelman with the fork, and that in defending himself Spelman caught hold of witness and swung him on to the ground, To the police: Neither of the ac-t-used caught hold of witness. Dr. Ala mil said that he was called out to tiic Chinamen’s gardens on the evening of August 7th, and found a Chinaman lying on a hod in a hut in a da/.ed condition. He had a nasty wound over the temple, and swellings behind the left ear and under the right eye. The wound over the temple was star-shaped, with quite a distinct loss of tissue about the centre. In his opinion a very likely cause of same was a blow from a piece of metal thrown at him. It was necessary to put. several stitches in. To Mr Cooper; It was quite possible for the wound to have been caused through the man being hurled to the ground and his temple striking a stone, hut in that ease one would expect to see some gravel rash around the wound, which was not so in this ease. It could have been caused by the man being thrown directly on to a stone, hut to cause a similar wound, in this way a good deal of force would he necessary. Gee Kong corroborated the previous witness’ evidence as to seeing the men drive up in a gig and stop and go into the garden and start breaking off' cauliflowers.. When witness and Pong Tin caught (lie men, Fong Tin asked why they were stealing cauliflowers, and asked for their names. One of the men then attempted to snatch the pitchfork from Pong Tin, hut was unsuccessful. Both men then started throwing stones. He could not say which one threw the stone that hit Fong Tin on the head. Witness was hit twice by stones, on the shoulder and leg. He saw Fong Tin fall, and a few minutes later he got up and got in the gig and drove it away. Whilst Fong Tin was getting in the gig wil-

ness kept the two men off with a pitchfork. He didn’t stab them with the fork. After t'ong Tin drove the trap away witness was afraid he would not he a match for the two men, and ran to his landlord’s residence, and asked him to accompany him home, which he did. ,To Mr Cooper: Neither witness nor his mate attacked either man with the pitchforks. They used the pitchforks in the course of their work during the day, and took them home every night. They used the forks that night only for the purpose of frightening the men. He \\-oukl swear that both men threw

stones. Constable Woods stated that on the night in question he received a

telephone message from Himatangi from Guy accused Sexton, asking him to come out and release a horse and gig that the Chinamen ha 4 impounded. He went out and found Fong Tin lying in the whare in a dazed condition. The two accused were on the road. The horse had been taken out of (be trap, and the harness put away. He asked Spelman and Boyle what the trouble was, and they both admitted being in the gardens. Spelman admitted knocking Fong Tin down on the metal road. Sexton complained of a fork wound in his leg. Witness examined it, and found a small wound which could have been cans-, ed by the end of a fork or barked wire. He gave them their horse arid gig, and arranged with them to come into Foxton for (heir summonses. As they were both well known he did not want to inconvenience them by locking them up. A good amount of thieving from the Chinamen’s gardens bad been going on lately, and he bad instructed the Chinamen, when they could not get names, to detain the offenders until the police arrived, and this was no doubt why they took possession of the horse and trap.

To Mx* Cooper: Bolli accused frankly admilled the theft, ;mcl Spclhfrm admitted knocking’ Fong Tin down. Spelnmn sold ho threw Ihe Chinaman down because he was preventing them from getting in the gig.- Sexton accused the Chinaman of stabbing him with the pitchfork, but the Chinaman denied it. Sexton rang witness up. For the defence Mr Cooper said that both accused were well known in the district in which they had lived all their lives, and that when questioned by the police were perfectly frank in admitting what they had done. They said (hey would not have assaulted the Chinaman if Soxlon had not been first stabbed with the pitchfork, Spelmen said ho caught hold of the Chinaman and threw him down so that they could get possession of their gig. lie called Charles Frederick Sexton, who stated he was a farm labourer residing at Clen Orona. He was in Fox lon with Spelman on .August f Ith, and left for home about a quarter to live. They readied the gardens about half.art hour later, and saw Iho two Chinamen going homo from the garden. In talking, (hey “chaffed” each other as to who was “game” to go into the garden and get some cauliflowers, and eventually they both wenl into the garden. They did it more for devilment Ilian anything else. They saw the Chinamen coming back, and they ran out of the garden, and when they reached their gig the Chinamen were standing beside il. They offered to pay for the vegetables, hut the Chinamen refused. Witness tried to get into (he gig, and was slabbed in (he leg with a fork by one of (lie Chinamen. Fong Tin. Witness’ mate gol hold of Tin and threw him on the ground. The oilier Chinaman then jumped into the gig and drove it away. Milncss and his male (lid nol throw any stones. They did not assault the Chinamen nor Iry lo assault them. They had never raided Iho gardens before.

To the police; They arrived in Fox lon lliat day aland one o'idock. They visited Iwo holds, and had aland half-a-dozen drinks each I hey were holh drinking “porteru'jiffs,”.' They took no liquor with I hem in the gig. When they got to Ihe wardens they thought they would have a hit of fun. They intended to cel oin 1 or two cauliflowers and (‘ome out. Didn’t think he was in trouble in Bongotea some lime afro. He was eharged there with taking a ear for a “joy-ride,” hut the car had heen lent to him.

Bertram Spelnmn. farm labourer, Orona Downs, gave corroborative evidence as to being in Foxton together and going into Ihe Chinameu’s gardens on their wav home. When the China men refused payment for Ihe vegetables Sexton triefl to get in the gig, and one of the Chinamen stabbed him with the pitchfork. Witness caught hold of the other Chinaman and threw him on the ground. One of the Chinamen look (he gig away whilst the other kept witness and Sexton off with a pitehfork. Neither of them threw any stones. Sexton did not tout'li either of (he Chinamen.

To the police: When in one id the lotels in Foxton' during the aflerloon witness did .not ehallenge anyme to light. A Maori wanted to ight him, but witness walked away.

Had bean convicted once i‘or lighting. The Chinaman chine al witness with the pitchfork, and he had to get hold of him and throw him down to defend himself. The Magistrate, said he was not: satisfied with accused*’ explanation. There was sufficient evidence to •show that they did sufficient to he convicted of assault.

Mr Cooper said it didn't secnr to him to have been a serious case of theft. Probably if the defendants had liot had six-drinks each the trouble would not have occurred, both men were respectable young fellows, and certainly not of the criminal class. He asked the Magistrate to deal with them as lightly as he could under the circumstances. It was not likely that they would offend again. The Magistrate said it appeared that accused were more of the larrikin type than criminal. The police said defendants’ families were respected residents of the district. Xo doubt the whole trouble started in the first place more in devilment than anything else. The Magistrate said he did not intend to impose imprisonment, but there appeared to be far too much of the’larrikin element about. A

good deal of garden robbery had gone on, and some people appeared to think that Chinamen were “fair game.” This idea would have to be altered. On the charge of theft accused would he convicted and lined £lO each, and tor assault a lino of £5 each was inflicted, with costs £.l fls 8d each.