INSULT ALLEGED

Gisborne Times, Volume LXXI, Issue 11384, 9 December 1930, Page 3

INSULT ALLEGED

ACTION BY COUNTY. RANGER.

INFORMATIONS DISMISSED

Arising out-, of disturbances at Waerenga-a-hika on November 19, three charges' were brought against Julian Hansen by the Cook County ranger, Alfred Davia, in the Magistrate’s Court before Mr, P. H. Hamper, S.M.", yesterday."" After’hearing evidence in respect- of two of these, the magistrate dismissed tlie'lii, . wlnle the third was then withdrawn. Dansen was charged with behaving in an offensive manner to .Davis by threatening him with a stick nhd. using certain words \ with Using abusive words to the complainant'; and with permitting . a ,horse to wander on.the road. Tho first, two charges were taken together and dealt with, first.

Mr. J. Blair appeared for,the complainant and Mr. L. T. Buriiard for defendant, who denied all, the allegations. . Alfred Davis, tho complainant, said that ho was one of the rangers employed by the Cook County Council. On November 19 lie was at Waerenga-a-hika and saw a. horse which he attempted to impound. Mrs. Hausen appeared and picked up a stick, also aousing him, while defendant.. appearing later, did the same and used t-lie words set out in the information. He made a dab at witness’ horse with the stick, hitting the animal on the saddle or its back. Hansen also tried' to pull witness off the horse, but couldn’t manage it. Later witness way in the hotel and Hansen came in and abused him again. Witness did not-use any bad language. Cross-examined by Mr. Burnard, witness said that lie held no animosity towards Hausen.. Hansen did not always pay his fees. Ollier people beside Hansen had sworn at him on occasions, but Hansen was the only one who had ever used a certain expression to him. He had asked,Mrs. Hansen to put the horse into a paddock.- The animal was grazing on tho road. Witness denied that he struck Mrs. Hansen with his whip. Re-examined by Mr. Blair, witness said that defendant had about one acre of land, on which he ran two cows, two horses and, formerly, several sheep. Wliare Thompson, who was with complainant on the dav of the alleged assault, gave corroborative evidence.

This concluded the case for coinolninnnt.

Defendant’s wife in the witnessbox, .stated that, on November 19. die tied a borse to the fence outside bor place. A sack on the fence flapped . scaring the animal, which drew back ami broke the winkers, these being thrown inside the fence, She went out to stop the horse and then "empta inant appeared on the scene. Tlie witness Thompson called out to -omplainnnt that bo was in the wrong, but the latter persisted and drove the horse down oast witness. As lie went by, Davis flicked his whip nt her and she just managed to stop it with a stick in her hand, the top of the whip hitting her cheek. She heard no had language used between her husband and complainant. To Mr. Blair, witness said that their property was of two acres in area. There were two horses, two cows and a calf, and two slice]) on the property. Defendant gave evidence that, when he came on the scene on November 19. Davis was attempting to drive the liorser along tlie road. Witness remonstrated with the rangeland the latter used certain words to Mrs. Hansen. This made witness very annoyed and he spoke warmly, 'saying: ‘T am astounded at you .using such words to a woman.” Laver ■ witness came down to the hotel and there he found Davis again. There were sheep on the road outside and he told Davis to go out and do bis luty. Davis was having a drink with tlie driver of the sheep. A mob of 1700 sheep, belonging to a well-known resident of the district, had been grazing on the roads for months, yet Davis took no action. To Mr. Blair, witness said that be was still suffering from the effects of an accident on Triday and had had severe head-aches during the past dav or two. Miss Dorothy Rapps, a teacher at the Waerenga-u-hika school, stated that she heard an argument in progress between Hansen and Davis, slie did- not hear any- bad words at all- .

To Air. Blair, she said it was impossible to distinguish -the- words used. There was so much noise go•ng on that she was unable to continue her teaching. John Robert Fitzpatrick, licensee of the AVnerenga-a-hika hotel, stated that he did not hear defendant using strong language, but at the time when the argument was in progress he had been busy and was called away to., tlie slide. To Air. Blair, witness said that words could well have been used without liis hearing them. “The only evidence in support ol Die informations.” stated the magistrate. “is that of the witness Thompson, who exactly corroborates rtm testimony of complainant. Tim defendant, however, absolutely denies iisipp- tlie language complained of. though be admits a heated argument tonk place in the road, and I have, little doubt in my own mind that +he words were used. At the same time it appears 'that complainant could have had more evidence in support of his allegations, as, for instance, bv calling a drover who iras present in the hotel bar when Die dispute was m progress there. Under the circumstances, therefore, the information will be dismissed, with costs to defendant ” The charge of allowing a horse to wander on the road was withdrawn bv consent, of the. court, no costs being allowed 'defendant in. respect of this information.