ALLEGED ASSAULT.

Manawatu Herald, Volume XLVI, Issue 2685, 19 January 1924, Page 2

ALLEGED ASSAULT.

CASE DISMISSED

At the S.M. Court, yesterday, Richard Walton was charged with assaulting Vincent J. McDowell on 22nd December, 1923. Air Cooper appeared for defendant and Air Bergin represented plaintiff. Air Bergin, in outlining the ease said that on December 21st AlcDowell had gone to Easton’s dairy to get some cream and had left his bicycle outside. AA hen he came out the' front tyre of the bicycle was down and the valve had been tampered with. He then accused Walton of tampering with the bike. The argument had ended that night but Walton had assaulted AfcDowell the next morning with'out provocation. A r ineent McDowell said that on the night of the 21st December he had gone to Easton's dairy to get some cream and had left his. bike „n the road. Walton was then on the road driving some <-ows When he came out the front tyre was flat and the chain of the valve broken. 11c had immediately accused AVallon of letting the tyre down. The argument ended that night. The next morning he went into the dairy between 6.30 and 7 a.m. to get his milk. While there Walton had come into the engineroom and had said to Aldridge, who was with witness: “I never told you I would give McDowell a smack in the lug.” Witness never said anything but turned his back on Walton and was walking to the door when he received a blow in the left eye from behind. He then grabbed hold of Walton and held him until E nips on arrived and then ordered him out to fight. This Walton had refused to do and witness then went out and bathed his eye and continued his work. AVitness subsequently laid an information with the police. To Mr Cooper: He did not start at Walton first. He did not use filthy language to AA'alton nor threaten him in any way. James Aldridge said that he was employed by McDowell on his milk round. On the morning in question lie accompanied McDowell to the dairy to get the milk. When they arrived they went into the engine room to get the milk and while doing so AA'alton had come in. He then gave corroborative evidence as to what, had taken place. Arthur Empson, share milker, gave evidence that on the morning of the 22nd., he was engaged in milking the cows with Walton and his wife. Walton went into the engine room to empty his bucket and witness heard defendant and McDowell arguing. He heard McDowell say “Come outside and settle it now,” and use abusive language. Witness then went into the engine room and found AlcDowell with his arms round AValton. He separated the two men and went outside with McDowell who said he would summons Walton and give him a good hiding as well. He had often heard McDowell talk of "cracking” people. Witness had heard the whole of the argument the night before and was sick of the whole tiling. He had never known AA'alton to be <: a pugnacious character. ] R-ierismi Walton, farm labourer, ■j emplt’ivcti by Messrs Easton and I Emipsi-Ti. said that on the night previous to the incident in question, he Lad been accused by McDowell of interfering with his bike. He had • tot touched the bike. The following morning when he went into the engine room he found McDowell and Aldridge there. Witness said to Aldridge "1 didn't say that I would -title McDowell in two twos.” McDowell then made as if to take his coat off and witness got in first and lot hint. They were facing each other when witness struck plaintiff. They then wrestled until Air Emp--on separated them. McDowell had used abusive language and ordered him to fight. Mr Bergin: You infer that McDowell and Aldridge are not speaking the truth then? A T es. Why didn't you fight it out /

Wiluess replied that- he had to go back to the cows as the cups were falling off. The S.M. said that it was very evident that some discussion had arisen before the blow was struck. Ll was hardly likely that Walton would "walk in" without any provocation. Walton had denied making a statement to the effect that he would "clean McDowell up" and thereby showed that he was not looking- for tight. The charge was dismissed.