DISPUTE OVER RUBBISH.

Auckland Star, Volume LX, Issue 223, 20 September 1929, Page 8

DISPUTE OVER RUBBISH.

NEIGHBOURS' QUARREL. ASSAULT CHARGE DISMISSED. Over an hour was occupied at the Police Court this morning in deciding whether James O'Sullivan, a partinu-, larly tall, well set up barman, assaulted a middle-aged woman, Mrs. Nance Cormack, in Beresford Street, on August 31 last. _ Complainant said that a small boy living in the same house as O'Sullivan had, early that morning, placed a sack full of rubbish outside her front gate. She removed the sack across the road to the gate of O'Sullivan's house. 0 Sullivan, she alleged, rushed at her, kicked her twice, slapped her on the face and pushed her out on to the roadway. As a result she was confined to bed for eleven days and was seen by a doctor. Several other witnesses also alleged that accused kicked and pushed Mrs. Cormack.

Mr. Schramm, who represented O'Sullivan, said he would deny that he either kicked or struck the woman. .As he was going home Mrs. Cormack spoke to him in the street, but he refused to speak to her. She alleged that a boy had placed the sack of rubbish outside her gate early in the morning, but he told her that this was untrue. Later in the day Mrs. Cormack emptied the sack of rubbish in witness' front garden. He admitted pushing her off his premises after she refused to leave, and after she had scratched his face. Heused no more force than was necessary. Five other witnesses then gave evidence for the defence, each stating that they saw the whole dispute, and adding that accused did not strike or kick Mrs. Cormack. In dismissing the charge against O'Sullivnn, Mr. F. K. Hunt, S.M., said it was apparent that Mrs. Cormack had made a mistake in thinking that the rubbish had come from O'Sullivan's house. There was a conflict of evidence. "If I thought he did kick the woman, and I am loth to believe that he did, I would have no hesitation in sending him to gaol," said jir. Hunt. "There is a doubt in the case, and defendant is entitled to it."