THE AKURA DISTURBANCE.

Wairarapa Age, Volume XXXII, Issue 3217, 15 June 1909, Page 5

THE AKURA DISTURBANCE.

APPLICATIONS FOR A REHEARING PISMISSED.

At the Magistrate's Court, yesterday morning, before Mr W. P. James, S.M., Mr C. A. Pownall, who appeared for informant in the case of Timothy Home v. Kong Fong and others, which was dismissed by His Worship, last week, applied for a re-hearing, the grounds for which were published in yesterday's issue of the Wairarapa Age. Mr P. L Hollings opposed the application. Mr Pownall in support of the applicatioivsaid that the main ground was that the decision was given against the weight of evidence. In the first place the trouble was caused by .two dangerous dogs which, he alleged, attacked complainant. The Chinese, by merely laying hands on Horne committed an assault. The Chinese had stated that they did not throw stones at Horne, but two of the witnesses had contradicted this. Either those witnesses were telling an untruth, or the Chinese were adding to the offence of assault, that of perjury. It was doubtful whether the stone that struck the Chinese was thrown by Horne. The Chinese were the chief aggressors in having dangerous dogs in their possession. The result of the attack of the dogs was that Horne was mauled about and the girl (Miss O'Keefe) fainted. It would be far more satisfactory to have a re-hearing, and he thought that a different conclusion would be arrived at. His Worship sairl he thought that a great deal too ntach had been made of the fact that the girl had fainted. Mr Hollings said the case had been exaggerated. I It was unfortunate that sometimes newspapers commented on such incidents and stirred up popular feeling. Neither Horne or «he young lady had been injured, but one of the Chinese had been hurt. Had_ the stone sruck the Chinese on the temple the result might have been fatal. Th*; trouble might easily have been averted if Horne or O'Keefe had attempted to pacify the Chinese. Jt'here: were several Europeans present at the time, and if matters had been serious they would certainly have interfered with the Chinese. He thought it was a pity that a lot of popular feeling should be introduced between the two races. He considered that His Wor ship's decision was a just one, and that the matter should be dropped. Mr Pownall said that if His Worship did not grant a re-hearing there was no remedy, as an appeal could not be made. His Worship, in reply, said that no doubt the Chinese did commit an assault in law by laying hands on Horne. The difficulty was who threw | the first stone after that? He was not at all satisfied that Horne was not the aggressor.under the second circumstances. The question was whether the stone that struck Kong Fong was thrown before the Chinese commenced to chase Horne, or whether Horne threw the stone before the others came up. If Horne threv/ the stone before the Chinese came up then he used more violence than was justifiable. The whole thing seemed to be involved in mystery. •No one seemed to have seen Horne throw the stone. The other witnesses were too far away to have seen much of the proceedings. No doubt had Horne and the others been judicious the trouble might have been avoided. He had gone carefully into the matter, and if the same evidence came before him in a new trial he would have to arrive at the sariie decision. He agreed that a great deal more had been made of the proceedings than there was any justification for, The application was then dismissed.