ASSAULT PROVED

Rotorua Morning Post, Volume 2, Issue 335, 23 September 1932, Page 6

ASSAULT PROVED

Our District Representative.)

WELL-KNOWN MERCHANT ALLEGES COWARDLY ATTACK ^INE OF £10 IMPOSED

(From

■When R. J. Irwin, _charged ixx the . Opotiki Magistrate's Court on Wednesday with assaulting Steven Shalfoon, -assured' the court that he now j bore Mr. Shalfoon xxo xnalice as he | "had had his satisfaction," Mr. S. L. j Paterson, S.M., infornxed hixn that | h'e could pay for his satisfaction at the rata of £10. Irwin was charged on two counts with assault and with assault and intent to rob. The fine was imposed on the first count, the second charge being disxnissed. Mr. E. A. Bunkall appeared for defendant who pleaded not guilty. Steven Shalfoon a partner in the firm of Shalfoon Bros., Opotiki, said in evidence that he had known the accused ever since he had been in Opotiki and that in June 1929 he sold him a line of cattle for which he was given a P.N. for £215 9/- payable in July last. The anxount had not been paid and in July he had had to issue a writ for the amount. After the writ had been served, Irwin had approached him with a view to coxning to a settlexnent. He had •agx-eed to accept £165 in full payment, and had gone to the office of Mx\ Davis, xxxanager of the Loan and Mercantile Coixxpany, to receive the money.

Story of Affray "I went there at 1.30," said witness. "Irwin was not present but Mr. Davis, the managex", was. Mr. Davis said that Irwin had gone to change a cheque, and I said 'a cheque would do xne.' Irwin arrived shortly afterwards. I handed the P.N. to Mr. Davis. Mr. Irwin brought with him a x'eceipt already written out, he pxxt the money and receipt oxx the desk. I aslced Mr. Davis to count it. Mr. Davis counted it and then I signed the receipt and the P.N. and Mr. Davis left the office to get the change from the payment for a stanxp. I took the nxoney and put it in my pocket.

"Irwin then asked me to couxxt xt. I said that as Mr. Davis had couixtsd it there was no need for me to do it again, but he insisted, so I proeeeded to count it when I felt two blows on the side of my head. I fell off the ehair on to the floor and I felt Irwin's hand on mixx'e touching the money. I called out and Mr. Davis came in. As soon as Mr. Davis came in, Irwin let go of my hand and I put the money ixx my hip pocket. "Mr. Davis took Irwin outside and when he retumed, asked me what had happened. I told him that Irwin was trying to take the money out of my hand. He offered to take me home but I refused and said I was going to see the police. Sergeant Miller then, produced a £10 note, one end of which was torn and asked witness if this was the note which had beexx torn in the struggle. Witness replied that it was. He also said that his head was very sore after the scuffle and that half of one of his teeth had been knocked oxxt in the struggle. No Interest Added In reply to Mr. Bunkall, for defendant, witness said that he did not renxember if the P.N. was for six or seven Jersey animals. Mr. Bunkall suggested that there were three bulls and three cows and that the xxxoney represented the price of the animals and two years' interest. Mr. Shalfooix said that there had been ixo interest added as Mrs. Irwin would not agree to it. Mr. Bunkall cautioned him to be very careful but he still xnaintained that he could not remember any interest being added, nor did he remember Irwin coming to him to ask for certain concessions in regax'd to two of the bulls nor the making of any ai'rangement with regard to' a concession at the tixxxe of payment. He admitted that be had told Irwin that if he could satisfy his bank manager he would be quite agx-eeable. Mr. Bunkall thexx suggested that Mr. Irwin had approached the baxxk manager and arranged a settlement for £140 axxd that he then came to witness and reported. Witness said that he had givexx the bank no authority to reduce the amount. Mr. Bunkall: No, the bank offered to take £140 and P.N.'s for the rest. Witness said that he had not pointed out that one of the notes was torix befox*e he left the office, as they had been in his pocket and he had not noticed it until he had taken thexxx to the bank. In reply to a question as to whether he did not desix*e to hit Ix-win when he got to his feet, witness said: , No, I couldn't hit anything then. He denied suggesting that they should "go out into the street and have it out." He said that there had been no tension or disagreement while negotiations were on. He had agreed to everything that Irwin wanted." He said that he had known Irwin ever since he had been in Opotiki and that it gave him a great shock to think that Ix*win would attexxxpt to rob him. A. Davis said that he had arranged a nxe'eting between Shalfoon and Irwin at his office for the purpose of settling the P.N. He stated that he had counted the nxoney which had been made up of 16 tens and 1 five. All the notes had been in good order and none were torn. He then handed the x*eceipt to Irwin and the money to

Shalfoon. The whole transaction had been quite friendly.Desperate Cry Shalfoon put a threepenny bit on the table in payment for a 2d staxxxp and witness went into the onter office where the staff were working, to get the change. He closed the door behind him and shortly after he h'eard someone calling for assistance. In fact it was worse than calling, it was yelling, and was such a desperate cry that he thought that Irwin must he knifing Shalfoon. Directly he got into the room he looked at Irwin's hands to see if they held a weapon but they were quite empty and were not even touching Shalfoon who lay on his back with his feet in the air. He did not see anything in Shalfoon's hands either. After ordering Irwin out of his office, and following him to his car he returned to Shalfoon who told him that h'e had been cowardly assaulted. He apologised to Shalfoon for such a thing having taken place in his office and offered to take him home. Shalfoon then said he was going to the police and said that Irwin had tried to steal the nxoney. Ixx reply to Mr. Bunkall, witness admitted that he had heard Irwin say that he intended to give Shalfoon a piece of his mind after he had paid him, but he never suggested that he ( xxxight assault him. After the incident, Irwin seemed considerably agitated and showed signs of being in a temp'er.

Robbery Not Motive Witness agreed with Mr. Bunkall that in view of the fact that it was possibl'e to look into his office -on two sides froxn the road, and that there were several nxembers of the staff working in the outer office at the time of the incident, it was absolutely ridiculous to suggest that x-obbery had been the motive. He did not think it would have been in any way possible for Irwin to have got away with the xnoney even if he had wished to do so.

In reply to a suggestion by Mr. Bunkall that Shalfoon was a business man to whom money meant a great deal, witness said he supposed "he wanted 20/- in the pound." In reply to a questioxx from the bench, witness said he thought the settlexxxent a reasonable one. On Mr. Bunkall rising to address the court, the Magistrate said that the evidence was insufficient to warrant the accused being committed on th'e xixajor chax'ge and remarked that it was "ridiculous on the face of it." Mr. Bunkall asked that the Court should hear Irwin on the minor charge. Mr. Bunkall suggested to defendant that he should assure the court that he now bore no malice toward Shalfoon. Defendant said he was willing to do this. "I've had my satisfaction," he remaxlced. The Magistrate: Well, if that's how you feel about it, you can pay £10 for your satisfaction.