FIGHT BETWEEN FARMERS DESCRIBED IN COURT

Press, Volume XCIX, Issue 29269, 29 July 1960, Page 14

FIGHT BETWEEN FARMERS DESCRIBED IN COURT

A feud, which had been going on between two farmers and a neighbouring farmer in Okuti Valley, Little River, had resulted in a “dOnnybrook,” from which two charges of assault arose, according to statements made in the Magistrate’s Court yesterday. He was surprised that men of a mature age and who were otherwise responsible should have such a “donnybrook,” said Mr E. J. S. Crutchiey, S.M. Lester Donald Hunt and James John Flynn, aged 81, were charged with assaulting Albert Wakelin at Little River on May 13. The Magistrate said he would not convict a man of Flynn’s age and the charge was dismissed. He said he did not propose to enter a conviction against Hunt but something had to be done to preserve the peace. He ordered Hunt to enter into a bond of £5O to keep the peace with Wakelin, and to refrain from any offensive conduct towards Wakelin. Both defendants were represented by Mr H. S. Thomas and pleaded not guilty. There had been a lot of conflcting evidence, said the Magistrate, and the plaintiff’s evidence was not as impressive as it might have been. It was evident that Wakelin had acted provocatively, and had got what he asked for, but there was no doubt that Hunt had gone too far on the occasion, the Magistrate said.

“But Wakelin should not regard this as a victory, for if I had the power, I would bind Wakelin over too,” said the Magistrate. Wakelin was warned that he would have to be scrupulous in his future attitude towards the two defendants.

Drove Cow Away On the morning of May 13, said Wakelin, he went mustering sheep on part of his property, and when he returned, he found one of Flynn’s cows in his paddock. He put it on the road, and drove it off down the road with his dogs. He then went down the road and met Flynn about half-way, and a discussion arose as to where the cow was found. Flynn became abusive and threw stones, so he told Flynn that next time he found the cow on his property he would impound it After having lunch, Wakelin said, he went with his daughter up the road to his property to get some more sheep. Flynn and Hunt were standing at Hunt’s gate. His dogs began to fight with Flynn’s. Hunt used some abusive language, and rushed out with a long manuka stick, about an inch thick, and told him (Wakelin) he would call him names any time he liked. Wakelin said Hunt made a slash at his leg with the stick, and he climbed off his horse, and then both the defendants began to lash into him with sticks. The plaintiff said he tried to fight them off with his hands, but he had to take a good thrashing. The fight went on for about two minutes. To Mr Thomas, Wakelin said

he had told Hunt he could stand behind a fence and call him names. Then Hunt rushed out and the fight started.

“Hunt went berserk after the remark, and came rushing out like a wild animal,” Wakelin said. “My family and I have been victimised by the two defendants since three years ago when I was on a serious charge in the Supreme Court. I was discharged,” he said.

At 7 p.m. on May 17, said Constable W. A. Cromie, he had received a .telephone call from Wakelin, who later made a formal complaint. Defence Evidence

Mr Thomas submitted that the marks on Wakelin appeared to be very slight. He did not go to the police until four days later, nor did he complain of any serious injury to Mr Carr, who was the first person to see him after the fight. Hunt said in evidence that he was driving a horse and plough team through the gate of his property when Wakelin and his daughter came along, and Flynn was sitting on the gate reading a paper. When the fight started between the dogs. Wakelin had not tried to break the dogs up, but said “Hold’em, hold ’em.”

Hunt said he had told Wakelin he was a smart “so and so,” and had been challenged to come out on the road.

Hunt said he picked up the stick Flynn used for a walking stick, and went out on to the road. Wakelin jumped off his horse and kicked at him. Only two or three blows had been struck before Flynn intervened. Flynn still had a newspaper in his hand, Hunt said. The whole fight took only a few seconds. Cross-examined by SeniorSergeant G. M. Cleary, Hunt said he objected to seeing his cow dogged along the road at a gallop, and when Wakelin had challenged him, he went out. Flynn said Wakelin was “a bit of a pugilist,” and Wakelin had definitely been the aggressor. There had been only the one stick in the fight, and that was his, which Hunt had used to defend himself.