A PAKAPOO ROW

Evening Post, Issue 99, 24 October 1934, Page 11

A PAKAPOO ROW

DRINK AND BLOODSHED

CHARGE AGAINST CHINESE

USE OF A CHOPPER

'_ An altercation which took place iv a t Taranaki Street pakapoo "school" on d tho afternoon of Saturday, October 6, t] and in which a chopper was used, rer suited in Lee Fong, a Chinese gardener, ~ aged 47, appearing before Mr. W. F. Stilwell, S.M., at the Magistrate's c Court this morning charged with assaulting Carl Mafeking Hertz, so as to c] cause actual bodily harm. , Hertz, an engineer living in Vivian * Street, said that accompanied by Goorgo 1 Plaisted ho went to the pakapoo school about 3 p.m., and they marked two Gd * tickets. They returned between 6 p.m. and 7 p.m. to havo the tickets checked. , Plaisted claimed that ono of tho tickets > was a "seven," and pointed it out to the accused, who was sitting at a table. Leo Pong merely answered that ho was ■• busy. Thoy were entitled to £3 10s for a "seven." Lee Pong then took up a hostile attitude towards Plaisted. Ho wont into a back room and returned with a meat 1 chopper -in his right hand and a bar 5 of iron in his left. Ho struck" Plaisted - on the muscles of his right arm with t tho chopper and then made a pass at Plaisted's face, nearly taking his car 1 off. 'Witness said he caught Lee Fong by I the arm, but he brought tjio chopper : down on his head, inflicting a gash over . his left cyo. Tho Chinese continued to : attack and witness defended himself i with his arm, receiving several'gashes on.his wrist. Owing to the blood rua- , ning from the cut over his eye he was - unable to soc properly, and Plaisted ; had to pull him out of the room. Two choppers and witness's hat, in : which thero was a gash two or threo inches long, were produced. CHINESE THE AGGRESSOR. [ To Detective-Sergeant T. Y. Hall, who prosecuted, Hertz said that he did not assault anyone before Lee Fong ■ came out with the chopper. He was in , hospital for a week, and was still re- - eoiving attention. Cross-examined by Mr. C. A. L. Tread- : well, appearing for Lee Fong, witness said that ho was not fighting drunk when ho went into the pakapoo "school," but "merry" drunk. Witness had been convicted three or four times for assault, and also for other charges, such as fighting in the street and using obscene language. It was not true that ho had put his back against tho door to prevent anyone coming in. Ho did not see another Chinese knocked senseless by Plaisted, and ho did not throw a stool at a Chinese. Similar evidence was given by Plaisted, who also said that the Chinese was tho aggressor. While under cross-examination by Mr. Treadwcll, witness had a tendency to smile, and this prompted counsel to ask if he found the incident amusing. Witness: It is tho things you are trying to put across that make me smile. Mr, Treadwcll: How many times have you been convicted for assaulting your fellow-men?—l am not going to answer that. Mr. Treadwcll then appealed to the Magistrate, who told Plaisted he would havo to answer the quostion. After further demur Plaisted said that he had been convicted once, not for assaulting a man, but a woman. He could not remember other occasions on which he had been convicted. A DOCTOR'S EVIDENCE. Dr. E. W. Richards gave evidence as to Hertz's injuries. Hertz was very , drunk at tho time, but Plaisted was not ' so bad. Medical evidence was also given by Dr. C. L. Clay. Henry Kendal, a storoman, said that he was talking to the accused, whom : ho knew well, when Hertz and Plaisted came in. When Plaisted was told that '. there was nothing on his ticket he bo- [ came abusive and threatening. Lee Fong went into a back room and re- : turned with two choppers. Witness then tried to escape towards the back, . but could not get out, and on returning ' ho found Fong defending himself with ; the choppers. When the two men came ; in Hertz put his back against the I door, apparently to prevent anyone . I coming in while Plaisted dealt with ; Fong. It looked like a "put-up job." Other witnesses were George Clark, a ! carrier, who said he dashed out of the : room boforo the scuffle started, and by ; Joo Wang. The latter said that he entered the room, hot knowing that a ] row was in progress, and was knocked out by a blow on the nose from Plaisted. Detectives W. Bayliss and A. Reid l also gave evidence, the former produc- : ing a statement by the accused. CHARGE REDUCED. 1 After hearing tho evidence for the ] police Mr. Stilwell said he was satis- : tied that the charge, as originally con- ' stituted, was not justified on the cvi- • donee. The evidence showed that the i two men had come into the room look- : ing for trouble. After the altercation i had arisen and Fong had seen a fellow- i countryman knocked out, Fong becamo J torrifiod and went out of tho room i to get tho choppers. He waved the ; choppers in front of the men in an en- i deavour to got them to leave. "I am 1 satisfied," said Mr. Stilwell, "that 1 when Hertz advanced towards him he 1 was terrified, and in the scuffle tho 1 chopper was used. I do not for a mo- ' nicnt approve of flic uso of the chop- : por, but I think the charge might, be 1 reduced to one of common assault." - After Lee Fong had given evidence, J Mr. Stilwell said tho charge would have to be reduced to one of common as- i. sault. Lee Fong was fined £3, in de- \ fault three weeks' imprisonment.