AT THE GATE

NZ Truth, Issue 1206, 10 January 1929, Page 7

AT THE GATE

Married Man and Irate Father SELF-DEFENCE (From "N.Z. Truth's" Foxton Rep.) A father may have some justification for becoming annoyed if he finds out that his daughter is being 'paid attention by a married man, but when he gives vent to his ire with a hoe m hand, he cannot expect a court of law to uphold him. WHEN' Arthur Wallbutton, ' a flax- " worker, of Foxton, took the garden implement to the family grocer, Alvyn Ellesmere Tongs, he overlooked the fact . that the latter, of greater physique 'than himself, might turn the tables on him. This is exactly what did happen, and Wallbutton. came out the worse for the encounter. Tongs eventually faced a charge of assault m the police court at Foxton, when Magistrate Stout took the opportunity of advising him to .keep away from the Wallbutton family. So far as the charge of assault was concerned, Tongs had acted m self-defence, and the charge against him was dismissed. In outlining the case for the plaintiff, Lawyer H. Cooper said that about 10 o'clock one night Wallbutton arrived home to find Tongs at the gate with plaintiff's daughter. He remonstrated with Tongs and received a trouncing for his pains. It was alleged by defendant that Wallbutton had*" threatened him with a hoe, but this his client absolutely denied. In airing his grievance to the bench, Wallbutton stated he had previously spoken to Tongs about taking his daughter out.

On the night m question he had remarked to Tongs: "You are no man taking my daughter out. You are a

Knelt On Him

married man with a wife and family." With that defendant knocked him down and knelt on him. In answer to defendant's counsel, Lawyer M. B. Bergin, plaintiff remarked that there hud been no trouble that evening m his home. There was some discussion about charitable aid, as he was out of work at the time. On the. night of the assault his wife had come out to the gate just as he was getting to his feet, but she did not assist him. The friendship between Tongs and the girl had been going on since his daughter started going to Sunday-school three years ago. Tongs used to teach at the Salvation Army Hall and used to bring the girl home m his lorry. In the witness-box, Tongs said the first he knew of the allegations plaintiff was making against him was when Mrs. Wallbuttoii told him when he called to deliver some things. Her husband, she said, was alleging im- ' propriety between witness and the girl Rona. On the night of the assault, Wall - button had threatened to "wooden him out" with a garden hoe. ,He grappled with Wallbutton, eventually taking the implement from him. Pie had not struck the plaintiff. Lawyer Cooper:, Weren't you forced to resign from the Salvation Army? — No, it was a voluntary resignation. Did you ever take the girl home by herself? — Yes, on a few occasions. You are a married man ? — Yes. How old are you ? — Over forty. Mary Jane Wallbutton stated that she saw her husband rush at Tongs with something m his hand. She asked him why he didn't fight with his fists instead of sticks. To plaintiff's counsel, Mrs. Wallbutton said she did not get on well with her husband, and' on several occasions had tried to get a separation from him. She denied, however, that she was backing up Tongs. Questioned concerning her daughter being out at night with a man, Mrs. Wallbutton said she considered there was no danger. • In summarizing the evidence, his worship said it appeared Wallbutton was the aggressor. If he used the hoe he could not complain of the treatment received. He thought, however, that Tongs woulu be well advised to keep away from the family. As to whether there was anything m the allegations, it was not for him to say. Tongs had acted m self-defence and the case would be dismissed.