A WAIKANAE CASE.

Otaki Mail, 18 May 1923, Page 3

A WAIKANAE CASE.

CHARGE OE ASSAULT. (Before Messrs J. R. Bills and H. Nicolson, J's.P.; The following case was heard yesterday at the Otaki Court: — i Thomas McWhirter (Mr Atmore) v. William Dighton (Mr Sicvwright) Charge of assault. McWhirter stated: I am a farm

'manager. Ou the Sill May I war riding from Otaihanga to Waikanae, when J jnof Dighton who was driving' a -horse ,lo: ij. The roud was lSft. to 14ft. >n-':..!u where we met. lie signalled for nr to stop and J pulled up. He greeted m'e "am 1 to gel those horses" moulting a 4-horse team I had of field's. 1 advised him to leave the horses alone for a few days and he replied he would have the horses, by force if necessary. Dighton then used bad language, and struck me with his whip across the face. 1 was almost unseated from my horse. I said to Dighton that he would smart for his act. I showed my injury to W. Hart and A. Johnston. The mark was very distinct, and when I arrived in Otaki J showed it to Dr. Sharp. My head ached for days after receiving the blow. I have had previous trouble with defendant. In January defendant caused trouble, while two days' later more trouble occurred. To Mr sievwright: There has been trouble between us, and the trouble has extended to Mr Field, and J was dismissed for misconduct in not failing to carry out instructions. L have not been told to hand over field's horses to Dighton. Bake was with Dighton when I was assaulted. The latter was driving, t was immediately opposite Dighton when he struck me. To Mr Atmore: 1 have no wish to get one on to Mr Dighton. I had n tree hand to run Field's place and un

lil the agreement tcinuuat'es I have still a right to 'h< so. George Stanley Sharp staled: Mc Whirter was.attended to by me. lit was suffering from shock while there was a barge mark across the right tern pie. The mark was caused by sonicthing hard, and the blow may have caused hemorrhage, and may have reMilted in death. Ernest Wootton staled: 1 saw Digh ton on the Bth hist, after the assault. He was excite.l and said he had had a i'ew word- with McWhirter. and that it would be one or the other for the horses. Dighton had said he would just as well shoot anyone as say good-day to them. He seemed very angry. I saw McWhirter next day and noticed an injury on his head. William .Barton, farm hand, stated: I saw McWhirter on May Bth. He was very shaky and I saw two marks on the' side of his head. The injury may have been caused by a blow from n whip. Walter G. Hart stated: I saw McWiirter on the day of the occurrence and noticed the murk on his head. He

wa- verv shaky. Mrs Udy stated: I saw Dightor. threaten McWhirter with a batten it Januarv, and saw McWhirter ridi

way, and heard Dighton say something P bout "Billy Field." It looked as if , )ighton intended to inflict a blow on IcWhirter. I never threatened to get ] )ighton out of Waikanae within a j. lOnth. ] William Dighton stated: 1 am a In- ( ,ourcr and have resided in Waikanae or seven month,. I am (5-1 year.- ol ~ ,ge, and my character has been free . rom birth. McWhirter and I have had , eeling over horses. I had instructions . 0 "et them: McWhirfer refused to t ■ ive them. As a result of instructions , 'rom Mr Field 1 asked McWhirter for | he horses. 1 met him on the road and i railed up and told him Mr Field said 1 t A-as to get the horses. McWhirter had I ridden past the lorry while we were < talking—he was quite 12ft. away. wold not have reached him with my j whip. 1 told him I had instructions to got the horses; he said he would not give them, and 1 said I would go ana get them. 1 had no intention of hit ting McWhirter, further .1 did not hit him. There was no mention of .hooting as Wootton had said. I saw no mark on McWhirter V face. I was not excited. To Mr Atrnorc: I received written authority from Mr Field to get tinhorses ' McWhirter told a falsehood when he said I struck him. I did not strike him and had no intention 01 striking him. I deny following McWhirter with a batten. William Bake, a farm hand of W ai- \ kanae, stated: 1 have known Dighton in a wav for 12 months. I was with him whe'n the trouble is said to have ! happened. McWhirter was 11 to 1-H. . away while engaged in conversation ■ jwith Dighton. He heard McW hater I ' say he would not give up the horses. 'Dighton did not attempt to strike McWhirter or assault him in any way. Case dismissed, each party to pa? ; their own costs, it being held that there 1 was no evidence of an assault, whrle I the defendant was given the benefit of ' any doubt,