"HAD HIS SATISFACTION."

Auckland Star, Volume LXIII, Issue 225, 22 September 1932, Page 10

"HAD HIS SATISFACTION."

OPOTIKI ASSAULT CHARGE.

I FARMER STRIKES MERCHANT. PROMISSORY NOTE TROUBLE. (By Telegraph.—Own Correspondent.) OPOTIKI, this day. In the Magistrate's Court yesterday, before Mr. S. L. Paterson, S.M., Robert John Irwin, farmer, of Waiotahi, was charged on an information laid by Stephen Sihalfoon, a prominent Opotiki merchant, with assault and intent to rob him of £105. The case aroused considerable public interest. Sergeant Millar represented the police. S. Shalfoon, in evidence, stated that three years ago he sold accused some dairy stock, receiving a promissory note for £215. The amount was not paid when it was due on July 19, 1932. In August complainant served a writ on accused for the amount. The latter approached him and he agreed to accept £165 in full settlement. It was arranged that they should meet in the office of Mr. Davies, of the New Zealand Loan and Mercantile Agency Company, for the settlement proceedings. Witness said he handed the note to Mr. Davies. Irwin brought a receipt. Mr. Davies counted the money, and witness signed a receipt and gave it to j—-win. Mr. Davies then left the office to get change. Witness' put his hand on the money, and L"win asked him to count it. He replied that he was satisfied with Mr. Davies' count. Irwin insisted on witness counting it. While he was counting it he felt two blows on the left side of his face and fell off the chair to the floor. He felt Irwin's hand touching his money and he called out. Mr. Davies came in,immediately. Irwin let his hand go and Mr. Davies took Irwin outside and assisted witness. The £10 note produced was torn in the scuffle. Witness' face was very painful, half of a tooth having been knocked out from his lower jaw. He gave no provocation for the assault. In reply to counsel, witness said he did not remember Irwin asking for a concession on the stock. When he was on the floor he knew enough to put the money in his pocket. There was no tension in the negotiations for settlement. He had known Irwin ever since he came to Opotiki, and it came as a shock to think that Irwin would rob him of £165. Outburst of Temper. A. N. Davies said he arranged for the parties to meet in his office. Witness detailed the transactions in connection with the handing over of the money. Witness said everything was in order, and then left tho office to get change. As he left the room he heard Irwin tell Shalfoon to count the money. He closed the door, and while he was outside ho heard someone yelling loudly. He immediately rushed .into the office and found Shalfoon on his back on the floor with his legs in the air between the safe and the desk. Accused was bending over Shalfoon but not in a threatening attitude. He looked at Irwin's hands and saw that they were clear. He ordered accused out of his office and followed him to his car. In the meantime Shalfoon got up. He was holding his jaw and said he had been cowardly assaulted. Witness apologised to Shalfoon that such a thing should have happened in his office. He offered to drive Shalfoon home, but tho latter refused and said be was going to law against ! Irwin, as he had tried to steal his money. To counsel, witness said he had had considerable trouble in bringing about a settlement. Irwin's appearance was consistent with an outburst of temper. Witness said Irwin intended giving Shalfoon a bit of his mind, and consequently there must have been tension between them. Tho suggestion of attempted robbery while the staff was nearby appeared ridiculous. There was no suggestion that Irwin would strike Shalfoon in his office. Sergeant Millar said as the result ot a complaint he arrested Irwin. Accused made no reply when tho charge was explained. Major Charge Fails. Counsel for accused at this stage said accused pleaded guilty to tho charge ol assault, but not guilty to tho major charge. ~ Tho magistrate said the evidence was not sufficient for him to commit accused for trial on tho major charge. Accused, in evidence, said ho gave a promissory note for £215 and was forced to meet a claim in a limited time. He went to the bank on Shalfoon's suggestion. The manager said ho would accept £120, but Shalfoou still pressed for tho full amount. Mr. Davies arranged the settlement. He was not satisfied with the settlement, but had to accept it. He kept control of himself so as not to endanger tho settlement. Ultimately, instead of giving Shalfoon a piece of his mind, he struck him. He now bore no ill-will against Shalfoon, as he had had his satisfaction. The Magistrate: If that's the way you feel about it you will take your satisfaction in the sum of £10.