ALLEGED ASSAULT

Evening Post, Volume CXVI, Issue 120, 17 November 1933, Page 9

ALLEGED ASSAULT

( A ROADSIDE INCIDENT SOLIpITOR AND FARMER A charge of assault made by Robert Westley Bothamley, a solicitor, against John Hugh Marshall, a farmer, was heard in tho Magistrate's Court today, before Mr. E. Page, S.M. Mr, J. J. McGrath appeared for tho informant, and Mr. 0. C. Mazengarb for the defendant. In evidence, Bothamley said that he was chairman of the Makara County Council, Makara County representative on the Hutt Valley Electric Power Board, and a member of tho Titahi Bay Progressive Association. He' had known Marshall for the past eighteen months. On September 8 tho Makara County Council had given permission to tho Titahi Bay Progressive Association to plant trees along the waterfront at Titahi Bay. Tho request for permission had been opposed by the defendant and about five others, who presented a petition objecting on the grounds that tho trees would prevent them going directly to the sea from their properties. After the council gave its permission Marshall telephoned the witness and called him "a worm," "a crawler," and numerous other names, and said he intended to pull the wit' ncss's nose. He also threatened to turn his sheep on to tho witness's land. Bothamley had replied that he would have Marshall bound over to keep the peace. COMPLAINANT'S INJURIES.

Just after 10 a.m. on Saturday, November 4, continued the witness, he was driving his car along the road between Porirua and Titahi Bay. Near the Maori pa he saw Marshall coming with a mob of sheep. He went slowly through them, arid his ear stalled a few yards past Marshall. He but his head out of the window and called to Marshall to "come here," thinking it would, be a good opportunity to talk the matter over with him. Marshall strode up to the car and started to punch the witness through the window, but he only grazed the witness's arm. They were "halfhearted sort of whacks." Bothamley got out of his car and said "Don't forget you called me a worm," to which Marshall replied: "So you arc a b—worm," and gave Bothamley "a beauty in the eye," breaking his glasses. "While Bothamley was putting his glasses in the car Marshall "gave him one in the lug" and then hit him on the back of the head. That put him "practically out," and Marshall knocked him over a bank on to the soafront. The witness was also hit on-the throat. He fell on to a sandy beach and struggled to his feet, but Marshall jumped down after him, threw him down, sat on him, and pummelled him. "I hadn't a hope. I hadn't the str/ngth of a kitten after the crack on the head," said the witness. Marshall asked: "Have you had enough?" and then allowed the witness to rise. The witness said he was 45 years old, and that whom he thought was in his thirties, was physically more powerful. "He could eat me," said Bothamley. \ The witness was submitted to a vigorous and lively cross-examination by Mr. Mazengarb. EYE-WITNESS'S STORY. David Prosser, a farmer, said he was well acquainted with and friendly with both Bothamley and Marshall. He saw Bothamley go over the bank, and with another man he went down to the two men. He had heard Marshall say "ho was going to have a piece of Bothamley when he- met him," but the witness did not think Marshall would be so foolish as to fight. When the witness went up to the men on the beach, Marshall said that Bothamley deserved what he got and the witness threatened to hit' and kick Marshall if he (Marshall) attempted to hit Bothamley again. Bothamley was exhausted, had a black eye, and was bleeding where his glasses had cut the side of his nose. The witness did not think Bothamley was a match for Marshall in a physical test. (Proceeding.)