THE AKURA ROAD DISTURBANCE.

Wairarapa Age, Volume XXXII, Issue 3214, 14 June 1909, Page 5

THE AKURA ROAD DISTURBANCE.

MR POWNALL TO MOVE FOK A RE-HEARING. GROUNDS OF THE MOTION. At the Magistrate's Court, thin morning, Mr C. A. Pownall, who appeared for the informant in the recently dismissed case Home v. Kong Fong and others, will move for a re-hearing. The grounds of the application are that:—(l) That the decision was against the weight of evidence. (2) That on the evidence the Chinese defendants should have been convicted and imprisoned or substantially fined, especially as the Magistrate found them guilty of-per-jury and held them responsible for the inception of the affair by keeping dangerous dogs which ought to have been destroyed. (3) That the Magistrate 'held that the informant had told the truth, and that therefore the Magistrate mis-directed himself in not entering a conviction ; against the defendants, and in allow- ! ing them to escape without either conviction, fine or costs. (4) That a serious assault has been committed by tbe Chinese, which ought to be punished by law, and which ramains unpunished. (5) That the Chinese utterly failed to prove any justification whatever for the assault. (6) That the circumstances of the assault proved were of such an aggravated nature that the Magistrate should have abstained from adjudication and committed the accused for trial. (7) That in the interests of Justice a rehearing by His Worship the Magistrate or some other Magistrate or Justices of the Peace is desirable.