BAINESSE ASSAULT CASE

Manawatu Herald, Volume XLVI, Issue 2748, 21 June 1924, Page 3

BAINESSE ASSAULT CASE

NEIGHBOURS QUARREL,

DEFENDANT FINED £5,

The hearing of an assault ease, in which Norman Hunt (Mr, Hollings), was charged with assaults ing James Henry Pooley (Mr Bergin) took up a good deal of time at the S.M. Court yesterday before Mr J. L. Stout, S.M. Mr Hollings outlined the ease at length and said that the trouble had arisen over fencing and grazing matters. James Henry Pooley, farmer, of Bainesse, in evidence said that he had known Hunt for some time. Both were farmers at Bainesse and neighbours. ‘ They had had several “tiff’s” during the past twelve months. Recently witness had procured the lease of a piece of Native land on which Hunt had been in the habit of grazing some stock. A week after the transaction witness went over to defendant’s cowshed where defendant was working, and (old him of the transaction and asked him (Hunt) to assist him in repairing a fence which was down ou the boundary of Hunt’s and the newly-acquired property. Hunt askhim to go with him up to the house and discuss the matter with defendant’s wife. Outside Hunt’s whare an argument had taken place over the matter and/Hunt had forbade him to-touch, the fence and refused to give any assistance with the work.’• Witness had replied that he would do the work himself, whereupon, Hunt struck witness on the face with his clenched fist. Witness then picked up a small piece of wood to defend himself with, but Hunt grabbed hold of him by the' arm and neck and threw him to the ground. Witness dropped the wood. To'Mr Hollings: He did not a'SjC he would /ptiU Hunt’s--cows -on thn road if h&'did'not mav&‘them from" ’ the property. Did not tell-that r to r Hunt’s: wife on; the day previous. Mr Hollings: Aren’t you’ subject to a yjolenk.jWiiekqd tqmp,erl,Nq, ~ , - Mr Hollings: Why did you take up a log-'of wood to hit Hunt on the bead with then?

Witness said he had merely taker. up a small piece of tlrewood in self defence. Hunt struck him first. Moleswortk Skipworth,%a native youth, of Bainesse, said that he was present at Hfint’s residence when the assault took: place. He saw the two men'arguing through the window of the : wham He heard. Hunt tell Pooley to leave the fence alone and then saw Hunt hit Pooley in the face. e-Himt'a then threw Pooley to the ground and told him to get up and ‘-haye.it out.” Mrs Tamate then appeared" on the scene and Hunt went inside after telling Pooley to leave the premises'. Hunt had a reputation as a fighter and wrestler. Constable Owen said that he knew Hunt. He had had to go out to Bainesse on one of two occasions to settle disputes in which Hunt was concerned.

I Mr Hollings, in addressing the 1 &.M., said that it was evident that i’ooley was the. aggressor. 'Hunt and his wife leased a piece of land which Pooley wanted to get. Pooley

managed to obtain a strip-of land which Hunt was using and then went over to Hunt and informed him that lie would have to remove his cows or be (Pooley) would put. them on the road. An argument arose and Pooley pushed Hunt in the chest. Hunt, then pushed Pooley and told him to leave the premises. Pooley had said “T’m not frightened of you. My brother is the exheavy weight champion of New Zealand.” Hunt’s action had been purely in self-defence. Mr Hollings further considered that the summons was irregular ns it had been made out to “Norman Hunt, aboriginal native” and consequently was in Maori. He (Mr Hollings]. could not say whether the summons was correct. It might be Hebrew for all he knew.

Mr Bergin: It >has been certified to bv a competent Maori interpreter.

Mr Hollings: That, is so but there should be proof that that it so. Also that Hunt is an aboriginal native. The S.M. said that that was for Mr Hollings to prove, not counsel for plaintiff. Mr Hollings: Very well then. I further consider that tile whole matter is that the title of the land was in dispute. The S.M. Tf you consider that I will give my ruling on that now. There is no question of title in the case.

Mr Hollings: Very-well, if that is your ruling I will let the case go on its merits. He then called Hunt. Norman Hunt, farmer, Bainesse, said that he was a quarter-caste Maori. He had rented a piece of land at Bainesse from Mr Luxford for some years and had up to the present, received no notification of termination of lease. On Thursday, 12th June, Pooley came over to his place and started to talk about putting witness’s cows on the road if lie did not shift then off a strip of land on which they were grazing, as he (Pooley) had acquired that land. Plaintiff also asked witness 1o assist him to repair a boundary fence but witness refused to do so until the land had been surveyed.

'l’o Air Bergin: The land had not previously been surveyed. He had erected posts on the land for Mrs Tamale, whose property it was, but he was not going to help put a fence up on unsurveyed land. Air Bergin: Doii’t you bully the whole neighbourhood? No. they all bully me. I am afraid of Pooley. Asked if he had bullied a certain family at Bainesse, witness replied that lie had gone toJhe house to see his wife “but she'cursed and swore at me like a mail in the army.” Air Hollings said that the summons had been made out on the 13th .Tune, and the assault had taken place on the 12th. Had Poolev’s face been damaged,'"Constable Owen would have noticed it. hut no mention of this fact had been made.

It was pointed out that Constable Owen did not make out the summonses.

The S.AL said that the evidence was two to one. The lad Skipworth was an independent witness and he said that Hunt was the aggressor. The'question to he asked was: Who had a grievance. Hunt would certainly he annoyed .at Pooley having got possession of the land. Pooley had gone over to. Hunt’s to discuss fencing matters with him. Hunt had told liim not to touch the fence. Pooley said lie would do the work and- Hunt had struck him. There was no question of title and there was no justification for the assault. Hunt could have used legal methods if lie wanted to. After Hunt struck Pooley, the latter grabbed a piece of wmod which he dropped when Hunt closed with him. Under the circumstances he would convict and fine Hunt £5, with costs amounting to £4 7/-.,. in default one month’s imprisonment. One week was allowed in which' to find the money.