ASSAULT AND BATTERY.

Taihape Daily Times, Volume 7, Issue 212, 20 May 1915, Page 8

ASSAULT AND BATTERY.

A HAMILTON EPISODE, HAMILTON, May IS An altercation in the dining-room of a Hamilton hotel one evening last week was the basis of the charge of assault against Arthur Coe, a wellknown sharebroker, of Auckland, by Johan Wielaert one of Auckland’s leading musicians, and leader of the Auckland Orchestral Society. Evidence showed that for some years prior to the outbreak of war complainant was knoV/n as Herr Wielaert, a title which had been given him by Mr George Musgrov e when touring with the latter’s companies in Australasia. Since the declaration of war, both complainant and his wife, who was a native of Southland, New Zealand had been subjected to much annoyance by being mistaken for Germans, and Wielaert, on hi s return from England, a short time ago advertised the fact that he was born in Holland of Belgian parents.' On Monday evening last complainant entered the dining room of the Hamilton Hotel and took a seat alongside Dalton, an Auckland friend. With Dalton was the defendant Coe, to whom Dalton introduced Wielaret. Coe accepted the introduction very ungraciously, and merely grunted in resl ponsc to Wjielaret’s acknowledgment. A little later a discussion arose upon the war and th e sinking of the Lusitania, during which Co e accused complainant of being a German. Wielaert replied that he was of Belgian extraction, born in Holland, whereupon Coe called him a liar. Complainant replied that Coe was the liar. At thi s defendant arose and slapped Wielaert in the face knocking his pince-nez to the other side of the room, following this blow up with another with his %st. Wielaert recovered his glasses and resumed his seat at the table, when Coe seized complainant’s plate and threw it on the. floor with the remark that he would not sit at table with a German. Wielaert then left the room half dazed from the blow. Wielaert put in his birth certifiaate proving that he was born in,,Holland, and stating that his mother was born at Maestricth, on the border of Belgium and Holland. His father was a pure Belgian, ‘,ae” in “Wielaert” being a peculiarly Belgian combination. Coe admitted the assault, apologiseed to Wielaert, and asked the Bench to take a lenient view of the ■ cas e under the circumstances that his feelings were roused over, the sinking of the Lusitania and he momentarily lost hi s head. The Bench, in finding him 10s and costs, said Wielaert:, had fully justified his nationality and standing in the community and hoped he would receive the favourable consideration to Avhich ,he was entitled. Counsel for complaint said the matter would not rest with the present case, as Wielaert intended to pursue it further by way of a slander action. I