THE AKURA ROAD FRACAS.

Wairarapa Age, Volume XXXII, Issue 3213, 12 June 1909, Page 5

THE AKURA ROAD FRACAS.

CHARGES OP ASSAULT BEFORE THE COURT. COUNTER 'CHARGES BY CHINESE. BOTH CASES DISMISSED. The Courthouse at Masterton was crowded yesterday, when the sequel eventuated to the fracas on Akura Road on Sunday week last, between Chinese Hardeners resident in the vicinity, and some persons passing by the gardens of the former. Kong Fong, Slick Yen, Ye Hon, and Ye Klong were charged on the information of Timothy Home, that they did assault informant on Sunday afternoon, May 30th, at Akura. a cross charge of assault was laid by Kong Fong against Timothy Horne. Mr C. A. Pownall appeared for the plaintiff in the case against the Chinese, and for defendant in the counter charge, Mr P. L. Hollings opposing in both cases. i Pleas of not guilty were entered in both cases, which were heard together.

Mr Puwnall, in opening, related the circumstances of the occurrence as reported at the time. Counsel said the case had a serious aspect. Informant and Mr and Mrs O'Keefe, Miss O'Keefe, and a child, were quietly proceeding along Ngamatawa Road, passing the gardens of the Chinese. Mr and Miss O'Keefe were walking ahead when two dogs came out of the garden and proceeded to evince savage intentions towards the party. Informant had thrown a stone at the dog, and may have done some damage to a cucumber house. Several Chinese came out, and commenced ]to lay hands on informant, who be rescued more than once out of their clutches. The Chinese were bent on detaining informant violently, and he had to flee along the road. The Chinese following, he picked up a stone and threw it at the mob to prevent their onslaught, and it seemed the stone hit one on the head. However, the defendants continued to pursue, and caught Horne, strapped him up with four straps—one round the throat—and handled him so roughly that his watch was broken. Miss OKeefe had meantime fainted by the roadside. Mr Bond, who was passing by, saw informant in his plight, and asked if he was being hurt. Informant replied affirmatively, and Bond told the Chinese that if they hurt him any more until the police came he (Bond) would tackle them himself.' Other bystanders, who had previously been mixed up m trouble with Chinese, were in an awkward position and refrained from interfering. Counsel said this constituted thfe case and he submitted that an offence amounting to' an outrage had been committed, and just as his Worship had shown white people in an exemplary way that they could not molest Chinese, so Chinese should be shown very clearly that they must not take the law into their own hands, and commit such an extraordinary | outrage. Dr Cowie was the first witness called, and he deposed that he had attended Miss O'Keefe, whom he! found to be suffering from nervous j shock. Informant also seemed to have suffered slightly—he seemed upset. Timothy Horne, informant, a labourer, gave evidence on the lines outlined by Mr Pownall in his opening. Witness said the dogs first tackled O'Keefe, who drove them off with a stick. They then tackled witness, and tried to bite him. Witness threw a stone at the dog, aiming at nothing else. The stone missed the dog, witness believing the fence was hit instead. A Chinaman came outKong Fong—and just afterwards three more. Two caught hold of witness by the coat, witness not comprehending the meaning of their actions. Mr O'Keefe rescued witness, and threatened to beat the. Chinese if they again tackled witness. Mr O'Keefe had to so rescue witness twice. Witness ran up the road, pursued by the Chinese with sticks and throwing stones at witness. None of the missiles hit witness. While being pursued witness turned and threw a stone a Kong Fong, who was close on his heels. Witness then had to turn into a oaddock to seek the protection of a group of men. These latter $d not assist, and the Chinese caught him. They took off their belts and strapped witness up around the arms, after twisting witness' arm behind him, and knocking him down. O'Keefe then arrived, and took off the straps. Witness got out of the paddock on to the road, the Chinese again pursuing. Here Mr Bond interfered, and said he would deal with the Chinese if they did not desist from their attack. Witness' clothes were soiled, his watch broken, and he generally suffered a severe handling.

By Mr Hollings: Witness had never been down that locality before; did no know there were dangerous dogs there. Ann O'Keefe, niece of John O'Keefe, of Cole Street, deposed to the facts at the commencement of the affair, as outlined by the informant. Witness believed the stone directed at the dog struck the fence. The Chinese threw stones at Horne, and witness thought Horne had been struck by the missiles. Witness ran when the others did, but fainted by the roadside. She felt veiry bad afterwards, and found she had sus-

tamed cuts to her hands from the barbed wire. John O'Keefe, labourer, gave a similar account of the occurrence to that related by informant. H. D. Bennett, bailiff at the Court, Frederick Jackson, groom, and Alexander Snaddon, drover, gave evidence to the effect that the dogs of the Chinese alluded to in the evidence of informant and the other witnesses were in the habit of rushing out at passers by. Constable Thomas Dunn, who was called to the scene of the conflict, said he examined the greenhouse . alleged to have been damaged. It was difficult to say whether the damage had been caused in the manner stated. In cross examination witness said a Chinese came and informed him of the disturbance. Horne was found to have blood smears on him, and his coat and collar were ruffled. Constable Townsend gave evidence on the same lines. Samuel Bond, in the employ of L. J. Hooper said he saw the part of the disturbance in the paddock. Three of the Chinese were handling Horne very roughly, and witness asked them to desist. After hearing the facts witness went over and interfered. The Chinese who had hold of I Home's arm was very rough. Wit- | ness did not see any straps used. 1 Wm. Gully, clerk at Levin and Co's, Masterton, said he saw three Chinese treating Horne very roughly, i and saw the previous witness interfere. Charles Wagland. farmer, Akura, who resided near by, deposed that he saw the Chinese handling Horne in the paddock. They were screwing his arm until he cried out for them to desist. John Hendry Windle said the Chi- I. nese were "scragging" Hometwisting his arms and trying to strangle him. This closed the case for the prosecution. Mr Hollings said he had been instructed by the Chinese Consul to represent the Chinese. He submitted, that it was the cowardly conduct of Horne that had brought about the.j whole trouble. | The Magistrate here interpolated j that it did not appear that Horne had acted in a cowardly manner, and further the Chinese dogs had apparently cause'd the trouble. Mr Hollings, continuing, said that had Horne stopped and explained the reason of his action when he had caused the damage, and even apologised, that would have been sufficient to avert the trouble which eventually arose. It would be absolutely denied that straps were used by the Chinese to detain Horne, and Home's evidence was the only testimony to that effect. Counsel submitted that the case was simply that 'informant had, instead of quietly explaining his actions, thrown a stone at Kong Fong and injured him severely, and the result was naturally that the other Chinese attempted to do what they had a perfect right to do—detain informant until the police assistance came. v Kong Fong, Chinese gardener at Akura, and one of the defendants, said the dogs were barking insideHthe fence when Horne threw a stone at, one and broke the glass of the forcing house. Witness took hold of Horne to ask him about the damage, when Horne hauled off and threw a stone at witness, striking him on the head. Another Chinese named Kong Ch'ong saw this stone thrown. Witness was one of those who followed Horne into the paddock, and there helped to hold him. Horne was only held for about ten minutes- The women were not interfered with. ' Kong Chong, Slick Yeun, Ye Klong, and Ye Hong alsof gave evidence. Dr Cook said he examined Kong Fong for injuries to his head. The Chinaman had a contused wound on the head, which witness put a stitch in. The wound had bled somewhat. As all the Chinese witnesses denied having thrown stones, Mr Pownall called— James Kingdon, wheelwright, who saidjhe saw the Chinese throwing stones at Horne as the latter ran across the paddock to them. Witness also saw one of the Chinese take off a strap and attempt to strap Horne round the legs. Leonard Bishop, cycle mechanic, gave corroborative evidence. The Magistrate said the Chinese dogs were undoubtedly the cause of the trouble, and the animals should have been destroyed. Home's action in throwing the stone at the dog was quite a natural occurrence. The re- ! sultant damage to the greenhouse was unfortunate, as was also the | fact that a misunderstanding arose as to what the Chinese desired when they went out to Horne. No criminal offence had been committed, and the Chinese should be given to understand distinctly that in such a trivial case they had no right to detain anyone. His Worship could not beSieve that Horne would be so inhuman as the Chinese alleged, namely, to pick up a stone and throw it at Kong Fong without any provocation. Home's evidence had been corroborated by other reliable independent witnesses, and evidence by the Chinese in several respects had not been probably true. If Horne was being pelted with stones he had then a right to defend himself in the same manner. Some blame was attachable to Horne for not acting a

little more sensibly when first inter cepted by the Chinese. It was known that it was not the usua3 custom of Chinese to throw sticksl and stones, and an unusual circum** stance must have caused this proceeding, There were faults oh both sides, and the ends of justice would be met by dismissing both cases, and ordaring each to pay its own costs.