ASSAULT CASES.

Taranaki Daily News, 12 November 1915, Page 6

ASSAULT CASES.

VENTILATED IN MAGISTRATE'S COURT. (Before Mr. A. Orooke, S.M.) Two assault cases from down the coast occupied yesterday's sitting of the Magistrate's Court. "Guilty under provocation" was the plea of the first offender, while in the setond instance straight-out guilty was pleaded. Neither of the defendants was put in the bos. THE KORU CASE. Patrick Francis Raill was the offender in this case, being charged with doing grievous bodily harm to one Robert C. Gray Mr. Johnstone appeared for defendant, and outlined tlie case. He was instructed to plead guilty to the offence and to express defendant's regret that the case had come before the Court. Defendant was a farmer at Koru, and the informant was a contractor. At the baek of Raill's property was the Iviri stream, from which boulder stone had been taken for county contracts. There was also a county reserve adjoining Raill's property, with its boundary on the same stream. About I'2 months ago there had been differences on other matters, and since then they had not been on good terms. On the contractor's reckoning only 75 yards was taken from the property, while 500 yards had been taken from the reserve, and owing to the great disparity Raill reckoned he had a grievance. He wrote to the Council, which agreed to abide by their contractor's decision, but Raill subsequently wrote saying he was dissatisfied and asking the Council to appoint arbitrators. Mr. Brown (chairman of the County Council), with the contractors and the engineer, visited the place on October 23, and Mr. Raill thought he had succeeded in convincing Mr. Brown that lie was entitled to more than the contractor estimated. While the negotiations were in progress, Mr. Gray rudely interrupted. Mr. Raill, being quick tempered and thinking he was not being treated fairly, struck Gray. Mr. Johnstone said lie did not attempt to justify the action, but merely explained the circumstances.

Robert Chas. Gray, informant, in his evidence, said some of the stone wa9 taken from Raill's property. On the 23rd there was a meeting at the Kiri bridge re the tallies. When they went up the river to a boulder bed,. Raill said before the contractors came it was a shingle bed, and witness said, "Go away with you!" Raill then lifted the stick and said, "I'll poke your eye out." He gave him a couple of severe smacks and two severe blows with his fists. Before he struck with his fists, Mr. Brown took the stick from Raill, and said he came there to settle the matter of tallies, and not for that kind of thing. The stick made a. wound on his cheek and broke his false teeth.

Mr. Quilliam (who appeared for informant): Did you speak after that?— Only when Mr. Brown asked me.

Mr. Quilliam: When did you leave? — About an hour afterwards. Mr. Brown asked me to stay. Witness afterwards came to New Plymouth with Mr. Fisher (the engineer) and Mr. Brown, and went to the doctor. He was unable to work until the following Monday. To Mr. Johnstone: He did -not know Mr. Brown's opinion as to the tallies. He kept the ordinary tally for boulders. He did not say anything to provoke the attack. He knew Mr. Raill had made complaints about his measurements.

Edgar Owen Meredith, proprietor of the Oakura Hotel, and partner of Gray's, corroborated the evidence with regard to the assault.

Mr. Johnstone; I think you were unable to bear out Mr. Gray's tallies?—l did not keep an account.

Mr. Quilliam: Whatever have the tallies got to do with the assault? The tallies are the subject of arbitration.

His Worship: Mr. Johnstone is only wishing to prove provocation. Joseph Brown (chairman of the County Council), in detailing the account of the assault, said at first he thought Gray's eye was knocked out. Gray said he would not strike Raill, as he was too old. Just before he left, in a conversation with Raill, the latter said, "The German !"

Mr. Johnstone objected to the evidence. This was an hour afterwards, and he was there to deal only with the charge of assault. Continuing, Mr. Brown remarked that Raill had said: "It's a good job you were here to-day, or there would have been an inquest!".

Mr. Johnstone: Don't you think that was just an empty boast?—l don't know. It's what he said.

Dr. Blackley gave evidence as to the extent of the injuries. His Worship said Mr. Johnstone admitted he could not justify the act. It seemed that defendant had been in a blind passion, but was now sorry. The evidence of the informant was that there was no justification for the assault. He would be fined £5 (including £1 Is for medical attendance), Court costs £2 2s and solictor's fee £1 Is. A FAMILY AFFAIR.

Edwin George Elwin, at the Punilio factory on October IS, assaulted one Joseph McEldowney,- with which offence he was charged. Mr. Johnstone appeared for informant and Mr. Quilliam for defendant.

In the course of his evidence, informant said lie and ohe Perreau were talking at the Punilio factory on the morning in question, when Elwin came up. They were discussing things in general, when Elwin brought up a family matter, about witness' cousin coming home from Australia. He asked informant what witness thought of the cousin leaving his uncle in the first place. Witness said he would do the,.same in his position. Elwin then "hauled off and hit me thrice.'' His jaw was bleeding, but he did not go to the doctor. Mr. Quilliam: You met Elwin next morning?— Yes; I told him I wouldmako him smart for yesterday. Did you not say you would have knocked h out of him if he had no knife?—No; I said I would pummell him. Did he express regret?—No; in fact, he insulted me.

Some family matters were raked up at this stage and kept the Court occupied for some time. Frederick Perreau and Lawrence Wells gave evidence to the same effect. Mr. Johnstone said this was Elwin's second offence for assault.

Mr. Quilliam interrupted, and said it liiid happened 25 years ago, and was heard before J.P.'s. Mr. Johnstone: The fact remains that it was an entirely unwarranted assaulti His Worship said there was no proof of any damages. Defendant would be fined £4, wtinesses' fees £1 7s and solicitor's fee £1 lft