MISSIONED CLAIM

Sun (Auckland), Volume IV, Issue 965, 7 May 1930, Page 1

MISSIONED CLAIM

! ALLEGES ASSAULT BY BROTHER-IN-LAW STORY OF NIGHT ATTACK I Alleging assault by his brother-in-J law, Percy Wilfrid Waite Johnston, an j orchard Ist. a claim for £l5O for general damages was made by a Wesleyan missioner of Birkenhead. William I John. Tremayne Thomas, in the Magis- ! trate's Court yesterday afternoon, j before Mr. K. H. Levied, S.M. I After evidence had been heard | from claimant and Constable Snow, an i adjournment was made until tomorrow morning. Mr. J. J. Sullivan appeared for claimant and Mr. W. E. Stilwell for Johnston. Mr. Sullivan said plaintiff had married defendant’s sister three years ago and Johnston had then owed £lls to plaintiff's wife. Thomas was in bed reading on the night of January 29 when he heard a slight noise in the dining room. He received a heavy blow on the head with a blunt instrument when he rose to investigate. The allegation was that the blow had been made by defendant, who had carried a baton attached to a wrist. Thomas, continued Mr. Sulli-

van, was then seized by Johnston and another man and dragged to the Birkenhead Police Station where they charged him with abusing his wife. 111-treatment of his wife had been denied by plaintiff, and the constable, accompauied by Johnston, had returned with Thomas to his residence. The constable found no need for him to take action. In evidence, Thomas said the blow had drawn a considerable amount of blood and had since caused him to suffer from periodic fainting fits. He had been forced to dress on the lawn by the defendant, who had called him insulting names. OTHER ASSAULTS ALLEGED Thomas further alleged that, on the evening of April 4, after proceedings had been begun, defendant again assaulted him, striking witness on the face while he was waiting for his wife at a bus stop. There had been an assault in April, 1929, when claimant was going home with a goat. He had been thrown on the ground and threatened.

Cross-examined by Mr. Stilwell, claimant denied having suffered from dizziness before January 29. He denied having had an “altercation with a goat’’ on the day of the alleged assault, when questioned regarding n scar on his head. Constable Snow said Thomas had

a wound on his forehead when lie was brought to the police station on the night of January 29 by Johnston and another man. His shirt was stained with blood and Johnston had not replied when plaintiff said he had been assaulted by defendant. In consequence of a. statement by Johnston that he would not accept the responsibility of allowing Thomas te go home to his wife in his present condition. witness had gone to Thomas’s house. Mrs. Thomas was very excited and said plaintiff had seized her by the throat while she was in bed. Witness persuaded everybody to go to bed and returned to the police station, as he did not think he should Interfere.