PUKEKOHE EAST.

Pukekohe & Waiuku Times, Volume 8, Issue 453, 28 February 1919, Page 3

PUKEKOHE EAST.

F-.RMEKBATVAI lAN'i e At the Pukekobe .Magistrate's Court yesterday before Mr F K. Hunt 3M, Jemis Mt' J.'nr , far tner, of Pukekohe East was pr< ceeoed a?iinst by Htnry George Rennet', Mother Ea«t, farmer for hnvicg used thi'ateni'jf language towards him on Jannry 29 h whereby he (Bennett) feaied he would be caused bodily harm and asked ihai defendant t-hould he bound over to keep the peace. Defendant was further »i h that on Jain My 29th, 1919 he did a*sau't plaintiff. Mr J G. Hadduw ;-ppeured for complainant ai dMr J \V. Yarrall defended. Complainant, giving evidetce. said defendant was a neighbour of his Piior to the incident, the subject of ihe charge, defendant htd complained 'o him about a bull of his (complainants) disturbing him by roaring and he got rid of the animal On January 29th whilst he was leaning over his gate talking to Mr Milgrew, a neighbour, defendant came alor g ard said (o him in a quarrelsome tone " it is a good job you sent that bullawavor elan there would hav.i been trouble." Ho replied thpre was a chiin road between you and the bull." Defendant then caught hi n by the neck, and nearly choked him, ami kn eked him down. Defendant al-o pulled a whip which he had been usiujr for driving his cows, out of his (com plainant'e) hand and thrashed him with it. When he go up defendant tried to knock him down into a drain He walked away and tben defend ant threw the whip towards him at the same time using threatening language, the subject of the chargp. Cross-examined : He did no'hing ti provoke defendant in any way. In reply to nis Worship, complainant said he had known defendant for about 5J years and they had always been on good terms He had assisted defendant to get hi* hay in on occasions. Evidence was given by Mrs Bennett, wife of plaintiff to the effect that she witnessed the incident and heard the language used. Her husband was a delicate man and was frightened of defendant who had a bad. violent temper. Dr Campbell-Smith, of Pukekohe, deposed that he examined complain ant and found several bruises which he thought could be caused by a fall The bruises also revealed the fact that Bennett had been thrashed by a stick on a whip. This closed th« case for the piosecution and His Worship a«ked Mr Yarnell if he was pleadirg denial of the charge or justification, aid Mr Yarnell replied " Denial." Defendant, in bis evidence, total') denied the charges and said it w •>- complainant who had th r a-hei him with .the stock whip Robert Milgrew, farmer, sa'"' that he was present on the occasion and it was complainant who g-tv defendant the thrashing. His Worship said 'he question was who was telling the truth ? H had no he„iration in coming to ti.' conclusion that complainant had r.| the truth, particularly as the com plainant wa* a *maller and weak. ■ man than defendat.t. Defen<!ai> had admi'ted the assault and In given evidence of j snfi at on he would h>ive thought uioro "f him a? '■ have treated him leniently. Under f he circum-ta- ces h- could not (> I Hip to s-vie!v " r i 11i-<<-, i-.f M '< f-ndV» w- *i.-1 • h< fi-i ' .-•'», £ ' whi> h he ordpred ro h.< p.iicl r ■ c . pl-unant, together with iosts. Th'' Magistrate that he would not grant the application for def mlan 1 to be bound over to keep tin' peace.