SCUFFLE ON WHARF.

Auckland Star, Volume LX, Issue 282, 28 November 1929, Page 22

SCUFFLE ON WHARF.

WOMAN PROSECUTES MAN. DISPUTE OVER RAILS. (By Telegraph.—Own Correspondent.) PAPAKURA, Wednesday.

A dispute over the ownership of some rails on a wharf on the Manukau Harbour foreshore at Karaka, led to John P. Kidd being charged in the Police Court to-day, on the information of Mrs. Laura Gibb, -with assaulting her by pushing a truck loaded with rails against her and by pushing her.

The evidence of Mrs. Kidd and two daughters was that on October 8 she saw Kidd and his two sons pushing a load of rails on a trolley along the wharf. They went up and told him to leave the rails alone, as they considered they belong to Mr. Gibb. The boys pushed the truck and Mrs. Gibb pushed it back. Kidd told Mrs. Gibb to get out of the way. Mrs. Gibb and one daughter said he then nudged her, and she fell into a sitting position, catching his coat to steady herself. The

other daughter said she saw her mother go down, but did not see Kidd push her.

Defendant said he walked by the front corner of the trolley, steadying the load. Mrs. Gibb caught him by the shoulders and pushed him. He lowered his shoulders and she swayed round and caught hold of his coat. In the scuffle, Mrs. Gibb and her daughter lifted the front of the trolley off the rails, and he held on to the trolley all the time to prevent the rails, Mrs. Gibb and'himself all falling into the mud. Defendant said he had paid £7 under a guarantee as a balance owing on the rails and he considered he was entitled to take them. A civil action to decide the ownership would be heard in Auckland on December 12.

Mr. Levien, S.M., adjourned the case till the civil action has been decided. He pointed out that the alleged assault was technical, and it would depend on whether defendant was entitled to think he had a right to take the rails.