"BLOW JUSTIFIED."

Auckland Star, Volume LXIII, Issue 260, 2 November 1932, Page 9

"BLOW JUSTIFIED."

RELIEF WORKER NONSUITED. CLAIM AGAINST FARMER. ONLY TEN MINUTES' WORK. (By Telegraph.—Own Correspondent.) GISBORNE, this day.

The story of how a relief worker, after doing about ten minutes' work, had demanded that his time-sheet be signed, indicating that a day and a half's work had been completed, was related in the Magistrate's Court yesterday, when the worker concerned, William Billings, brought an action against a farmer, L. Mulholland, claiming £5 damages for assault.

I Plaintiff's evidence was that he was I engaged to work for two days on a property adjoining defendant's, the latter having arranged to cetify that the work had been performed. When, he presented his time-sheet for signature, defendant refused to sign, maintaining that insufficient work had been done. After a few more words Mulholland rushed at him, knocked Jiim down on a concrete floor, and, when he got up, hit him again on the eye.

To counsel for the defence, plaintiff said he had two days' work to do, but the first day was wet and practically nothing was done. The second day the relief workers arrived on the job at one o'clock, but when they went to cut the scrub they found that the slashers were not good enough. At three o'clock, therefore, they went to Mulholland to get their time-sheets signed. The sheets were subsequently signed by an unemployment officer, and he was paid for two days' work.

Corroborative evidence was given by plaintiff's companion and another relief worker, who described Billings' appearance after the alleged assault.

Defendant, in evidence, said it had been arranged for him to supervise the relief workers' operations and sign, their sheets. On the day in question, after working ten minutes, the-.men sat down and did nothing more, and witness refused to sign for work that-had-no t<

been done. Billings, then used a most offensive word, and on being warned, said he would repeat the word and fight if necessary. "I got in first," added witness. After hearing other evidence, Mr. ; P. H. Harper, S.M., said that clearly defendant was justified in refusing} to sign the time-sheets. He was ; inclined to think that the language complained of had been used, and that defendant was justified in striking plaintiff. In the circumstances plaintiff would be nonsuited.