A FARMER'S ASSAULT.

Taranaki Daily News, 8 June 1917, Page 7

A FARMER'S ASSAULT.

ALLEGED ASSAULT.

Lawrence Carey, a farmer, was charg- 1 od at the New' Plymouth Magistrate's ' Court yesterday with having ait Puniho 5 road on April 'l7 assaulted another far- f mer, named Edward G. J. Elwin. Mr. A. J I N. Johnstone appeared for the complain- y ant, and Mr. J. H. Quilliam for the de- 1 fendant. , ■ >< Mr. Quilliam' said the defendant would pleaded guilty to the charge. The facts < were that a dispute had taken place, '' about some sheep which had strayed on 1 to defendant's property, during which ' tho plaintiff had called' the defendant a < pro-German and a "rotter." If, in con- ' sequence of these words, defendant had £ knocked plaintiff down at the time, coun- ' sel would have considered him justified, ' but he did not do so., A few day? later > tho parties met at a/ Bale, when the in- ' Jormant said to the defendant: "Arc > you afraid of being drawn in the ballot, ] j£r. Carey " Carey asked Elwin to apo- 1 , ttfgise, whereupon Elwin replied that he : : \i would not apologise to "a thing like ' 1 C-arey." This waß followed by Carey s 1 seizing Elwin's coat tails, and* pulling ' ' him off the rails of the saleyards, and ' striking him a couple of sharp blows. * The whole thing was a simple and trumi pcry-matter, arising out of a misunder- 1 standing between two farmers about c some stray sheep. <' : Mr. Jolmstone said he could not agree i 1 that the case was a trumpery one, and '. although some of the facts as outlined by Mr. Quilliam'had been correctly ■ stated, lie (Mr. Johrtstone) was instruct- ! cd that in other respects there was a | material difference from what had actually taken place. On February 0 comI plainant and defendant met at the dairy i i factory, where they both delivered their j I milk, whon there was some talk about ' the sheep straying from Carey's farm , ,' on to Elwin's, but Elwin said nothing about p»o-Germans or the ballot. Some , ■ Jays afterwards they met again, and ', " The question of the ballot did crop up, , but nothing of the nature claimed by the, ' defendant was said. At the sale, in i ' fact just before the sale concludes, El- ', I win was sitting on the rails. Carey ! went up to him, seized him by the coat ■ i tails, and asked him to apologise. El- ] win took no notice of Carey, but went ) on talking to a friend, whereupon Cat rey elimbed up on the rails and struck > him. Elwin was knocked against the ' friend to whom he was talking (a Mr. 1 ' Sutton), and then fell to the ground, [ ' where Carey struck him again. The two • ! blows were severe ones, and Elwin's jaw Was so injured that he had to get rnedi- • cal attendance. [ The defendant was sworn and stated ,' , that at the sale he went up to Elwin, • who was sitting on tho rails, and said, : "Aro you going to apologise?" and Eli win said "Apologise to you!" Ho (dei fendant) then said, "Be a man; come down and take off your coat." Elwin re. fused, and he (Carey) said he would " itoff for him, pulled him down, and gave him a bit of a knock. The blow could not have been a severe one, as Elwin was working in a pit a couple of days afterwards. The informant was also called to give his version of what occurred at the sale. r- lie was sitting on the rails talking to ,]. Mr. Sutton, when Carey came up and a . naid: "Come down, I want you!" He re. pliad, "All right," but went on conversing with Mr. Sutton. Carey, who had then his coat off, again asked him to come down, brit he refused. Then Carey climbed up on the rails, and struck him, knocking him against Mr. Sutton. He" e _ fell to the ground, a fall of about seven feet, where Carey struck him again. To Mr. Quilliam: He did not consider himself a match for Carey, who was a much younger man. His Worship said the defendant had, i en his own admission, assaulted the coinI plainant. He would be convicted and fined £3 with solicitor's costs £1 Is, in default one month's imprisonment.