ASSAULT ON FARMER

Press, Volume LXXIX, Issue 23945, 12 May 1943, Page 5

ASSAULT ON FARMER

ALLEGED ATTACK BY TWO MEN £123 DAMAGES AWARDED An assault at Ohoka oi\ the evening of March 2, in which a a man was alleged to have been bitten by one assailant, and kicked in the face by another, was the subject of a claim for damages, heard in the Magistrate’s Court yesterday. Mr E. C. Levvev, S.M., presided. The plaintiff, Hugh Reginald Power, a farmer, of Ohoka (Messrs C. 9. Thomas and E. J. Corcoran), claimed £l5O as damages from his alleged attackers, Ernest Lester Frampton and Edward Cossar, also farmers of Ohoka (Mr C. V. Lester). Judgment was given by the Magistrate against both defendants for the sum of f 125. Power was cycling on the main road towards Ohoka, at 8 p.m. on March 2. said Mr Thomas. When he had ridden nearly 100 yards past Frampton’s farm, someone rushed at him, and knocked him from his bicycle. He fell on his face, and his attacker fell or jumped on his back. The attacker grasped Power by the face, and pushed his hands into Power’s mouth. He twisted Power’s head from side to side, and began to bite him about the face. The attacker's hand was forced so far into Power’s throat, that one tonsil was partly torn away, said Mr Thomas. Power finally succeeded in freelhg his left arm and twisted or pushed his assailant, whom he knew to be Frampton. away. On the day after the incident. Power received a letter from Frampton apologising for his behaviour of the previous night, and saying that he was under the influence of liquor, said Mr Thomas. Frampton added that he had been driven to do what he had done by a lot of mis-chief-makers. A medical examination of Power by Dr. C. P. S. Riddell, of Kaiapoi, on March 4, said Mr Thomas, showed that cue of Power’s tonsils was partly separated at the base, and that the bruises and abrasions on olher parts of the body gave the impression that he had been attacked bv a wild animal. Dr. D. McK. Dickson said that when he examined Power on April 5. he found (lie strength of his right arm slightly weakened. Constable T. W. Round, of Kaiapoi, said that Power was badly scratched on (he face. There were the marks of teeth on his forehead, and a deep cut on his chin, when he saw him on March 4. The back of Power’s throat was badly lacerated and he had suffered Injury to his shoulder. Mr Lester, for the defence, said that Power had been a very frequent visitor nt Frampton’s house, and had often been there for no reason at all. Many of the injuries to the plaintiff's face were probably caused by Mrs Frampton in her efforts to separate her husband and Power when they were fighting. Frampton said in evidence that, on the evening of March 2, at Ohoka, he overtook Power, who was cycling beside Mrs Frampton. He rode his bicycle between them, and asked Power what he was doing. A struggle then ensued. Power had been a frequent visitor to bis house, said Frampton. His wife had written an apology to Power for the incident. and he had signed it in order to restore peace in his home. He had not intended to apologise to Power. Cossar said in evidence, that he attempted to separate Frampton and Power when the struggle began. ••The Court sees no reason at all for this a-«ault —it was unprovoked and unjustified.” said the Magistrate, in giving his decision 'lf these two men had been before the Court under any other jurisdiction, they would have had no option of a fine at all.*^__^__