ASSAULT SEQUEL

Bay of Plenty Beacon, Volume 2, Issue 121, 9 February 1940, Page 5

ASSAULT SEQUEL

TWO LOCAL MEN AT COURT

DAMAGES AWARDED PLAINTIFF

On the night of January loth a party was held in Whakatane and some friction dcA r eloped bctAveen two of the guests. An echo Avas

heard in the police court on January 26th when one of the two Avas charged Avith assault. He pleaded guilty and the case Avas dismissed.

The sequel came on Wednesday in the Magistrate's Court, when George Frederick Seymour Fur/) claimed £14 damages Iroiu Aloses Penny. Mr E. L. Walton, S.M., ay:\s on the Bench. Mr R. F. Smith appeared for the plaintiff Avhile Mr B. S. Barry represented defendant. In outlining his case, Mr Smith said the claim was a sequel to *an assault Avhich occurred on the night of January loth. Both parties met at a social gathering. Penny kicked plaintiff on the shin twice and after being Avarncd by plaint) Jr. repeated the action. Furze struck defendant.

At 11.30 p.m. plaintiff went home. Arriving there he noticed that his gate was open. Defendant rushed out from behind a shed and butted Furze in the stomach with his head, Knocking him to the ground. Penny then kicked plaintiff on the head. Furze sent for the police and there was a subsequent prosecution, defendant pleading guilty. Plaintiff in the Box. Plaintiff stated that he had met Penny at a party at about 10 p.m. on the night in question. At the party defendant kicked him on the shin a couple of times. Plaintiff warned Penny that he was inviting retaliation. "My actual words were that I would 'clock' him," said Furze. Continuing, plaintiff said he had left the party at about 11.30 p.m. and proceeded home. "When he reach ed home he saw that his gate was open and stopped to light a match to see whether his stock were still in the paddock. Penny dashed out from behind a shed and butted him in the stomach, causing him to fall to the ground. While he was lying there defendant kicked him in the eye and also scratched and twisted his ear. In the subsequent wrest-

ling plaintiff managed to get on top of Penny and he held him. He had been to the doctor for attention to his eye. The doctor had given him a certificate.

Mr Smith produced the suit worn by plaintiff on the night of January loth and plaintiff stated that he had had the suit for twelve months and that the blood stains shown on the lapel and sleeve were the result of injuries he sustained that night. Settlement Refused.

Cross-examined by Mr Barry, plaintiff admitted that he had struck defendant a fairly severe blow on the point of the chin whilst at the party but he could not be sure that Penny was smoking a cigarette at the time. Penny did not have his hands in his pockets at the time. Plaintiff said it was true that defendant fell to the concrete floor, narrowly missing some iron. Penny had never asked him to fight it out. Mr Bftrry: You were approached with an offer of settlement? Plaintiff: Yes. Mr Barry: You wouldn't listen? Plaintiff: No. Mr Barry: Why? Plaintiff: I Avouldn't accept because I wanted justice. Magistrate's Observation.

On Mr Barry's stating that the assault charge preferred against Penny on January 26th, had been dismissed, tlie Magistrate interrupted.

"You said he pleaded guilty," observed the Magistrate.

"The case was dismissed under section 92,'" said Mr Barry.

• The Magistrate: You can't: do it. If he pleacls guilty there must follow a conviction. You can plead Not Guilty hut admit the facts. In that event the case could be dismissed. Again, the plea could he changed to one of Not Guilty wi'th the permission of the Court. The Magistrate said further that there did not seem to be much doubt that the assault took jjlace. In answer to Mr Barry, plaintiff said he had asked the dry-cleaner about the suit and had been told that it might shrink. Mr Barry: How do you make up your general damages of £5 19s? (Continued foot next column).

Alter waiting some time for an answer Mr Barry put the question again and plaintiff replied that his counsel could answer the question. Mr Barryi But you are claiming them. Plaintiff: I want a new suit and justice. Mr Smith: You are claiming general damages for pain? Plaintiff: Yes. Mr Smith then called Hugh Stewart Kingon, who said that he was a dry-cleaner carrying on business in Whakatane. The coat produced was the one shown to him previously, Avhen he had said that he would clean it only at the owner's risk. The coat might shrink. 7/6 would not pay for the cleaning) of the coijt. 15/- should be enough. Constable 11. A. A. Prater gave evidence and the Magistrate awarded plaintiff £4 16s damages with £2 16s costs.