AN EXTRAORDINARY CASE.

Auckland Star, Volume LI, Issue 118, 18 May 1920, Page 4

AN EXTRAORDINARY CASE.

CONTRADICTOR? EVIDENCE. CHARGE AGAEfST FARMER. PRQBABIJS PERJURY ACTION. (By Telegraph.—Own- dorre^ioiMlent.) this day. An extraordinary case.of complete and direct contradiction by witnesses on the one side in an action for assault wag heard before Mr. H. A. Young, S.M., at Hamilton yesterday. The complainant was Thomas David Davis, share milker, and respondent Alfred Newton Dingle, farmer, of Ciiiudelands. Mr. Aston represented complainant and Mr. J. H. .Luxiord appeared for respondent. Davis said he was engaged as a share milker by Dingle, the contract also including the cutting of certain gorse. Hβ invited Dingle along on May 5 to inspect the gorse. Dingle disapproved of the way it had been cut. He (complainant) said be would not do the work again and asked for payment, but Dingle replied that he (Davis) owed him the money. Complainant then placed hie hand in a friendh' manner on Dingfe's I shoulder, remarking that it was only a fair thing. Dingle's reply was to strike him. blacking his eye and making hig nose bleed. Cross-examined by Mr. J. H. Lnxford, Davis admitted having had previous ; slight altercations with Dingle over his ; wages, and that he had told Dingle that !be could not keep his wife and family on ; nothing. He <lid not remetrrber saying i that if his child died it would be Dingle's ! fault. Complainant strenuously dented, absolutely untrue, that be called I Dingie a " liar," or that he told ;him he was a "bald beaded old with a Sunday school smile." He further denied that he hit Dingle first, or that he threatened to thrash Win with ;a stockwhip when he got him to tie stockyards.

Frederick Davis, eon of compktmaat, I who was out of court when his father 'gave evidence, was severely crosej examined by Mr. Luxford and admitted, J under pressure, that it was while Wβ I father was coming in with a blow to Xfingle's ribs that the latter gave Win the blow in the eye. It "was quite tine i that his father called Dingle c " UaT." and also "a bald-headed old — with a Sunday school smile." ■His Worship at this stage asked Mr. Aston, for complainant, -whether he considered it worth while going on -with the case. The statements of the two witnesses were directly contradictory, and the son's story agreed entirely -with that of the defence. Mr. Aston consented to withdraw. Mr. Luxford described the case as a) most extraordinary one. and said it was questionable as to whether an action for perjury should not follow. Mr. Dingle nras one of the most highly respected farmer? in the W&ijtato. His Worship said the case was certainly extraordinary, and Mr. Luxford could, if he wished, give information to the police. Mr. Luxford: T think I will do so, your Worship.