TROUBLE AT OHAWE.

Hawera Star, Volume XLVIII, 30 January 1925, Page 4

TROUBLE AT OHAWE.

ECHO IN COURT. WORDS END IN BLOWS. That at least S' the Ohawe have complained to him of til annoyance caused them by wandering stock was the statement made yesteiday by a witness during the hearing of a case is the Hawera Magistrate s Court when William Hayward charged A. Crowley with assault and made application for sureties to keep the P6 Mr‘ FC. Spratt conducted Hayward’s case, and Mr. P. O’Dea, who appeared for Crowley, pleaded, not guilty to the charge of assault. & Mr Spratt said his client was a metal carting contractor employing horse teams and residing at the Ohane beach Crowley was also a metal carting contractor, but lie employed a motor lorry. The two, then, were not exactly brothers; in fact they ueie more or less rivals. There was some soreness against Hayward by .Crowley, but that was not sufficient justification for his taking the law into ms own hands. The position was that something must be done to convince Crowley that he must not act for himself in obtaining redress. Continuing, -Mr. Spratt said that not only had Hayward got into bad odour with Crowley by reason of their business relations, but he had further incurred Crowley s displeasure by his taking sides witli another contractor whom Crowley drove off the beach. The complainant. Wfilliam Hayward, said that it was at about 4 p.m. on a Saturday afternoon that the assault, which was the cause of the court proceedings, took place. 1 Witness was, m the bar of the Railway Hotel having a drink with a friend when Crowley came in. “Have you eaten all the d grass out of my sections?” was Crowley’s first remark, meaning, ot course, that be suspected Hayward ot turning his stock into his sections at the beach. Hayward replied that he had not, whereupon Crowley retorted that if he hadn’t Ms boys had. Words followed, and then Crowley hit Hayward twice on the side 'of the face and once on the shoulder, flooring him as a result. Before Crowley left he told Hayward that he had been waiting two years to give him that, and he would give him some more down at the ko£bck* Mr Spratt said his client had genuine cause to fear that unless Crowley was put under sureties to. keep the peace there would be a recunence of the trouble. Crowley was notorious for his threatening behaviour; ui tact there were no fewer than five ether persons who had keen assaulted oy him. , , „ Under cross-examination Mr. U Hea asked witness if there was anyone at the beach who was friendly towards him. “Plenty,” was the reply., “Have they not all accused you ot turning your stock on to their proparties?”—“Not to my face. “Have not the County Council been trying to get you off the and have not the Maori owners also been trying to put you out?”—“The County Council have not, unless they have been trying in an underhand way, and only some of the Maoris have been trying to put me out.” • “Does your stock wander about and get in other people’s places?”—“Did it ever get.on yours, Mr. O’Dea?” “Well, my gate was taken away one night, but I don’t say that you did it, Mr. Hayward ; you would not do that. Mr. Spratt here explained that Hayward occupied reserves * which many prominent citizens wanted to see vest'd in the town, and this,; together wit factions among the Maoris at the beach caused trouble for Hayward. Mr. O’Dea said that people were continually complaining about Hayward’s stock, but it was very difficult to do anything. As far as Crowley was concerned he was a/fine type of man, his only trouble being that he sometimes lost his temper. Patrick J. Mullan, who owned a section at the beach adjacent to Crowley’s, stated in evidence that Hayward claimed to have the right to graze all unoccupied sections at the Ohawe beach. On one occasion he had seen Hayward’s boys opening a gate and turning stock into Bayley’s and Crowley’s sections, and on another occasion he had seen Hayward taking stock out of the same sections. He had fenced off his section, but someone had made a track down by the river, so that stock were able to get round the fence. Witness said he had received complaints regarding Hayward’s stock from at least half the inhabitants of Ohawe, and up till recently he had been rather inclined to discredit them, but since he had lived, at the beach himself he had got the impression that the complaints were justified. People came to him and complained, but stated that they were frightened of their houses and so did not want a court case. Hayward had 16 cows, 8 or 9 draught horses, some Shetland ponies, goats and geese, and nothing short of a close-boarded fence was proof against some of these. If Hayward would keep his stock in an enclosed paddock it would save a lot of unpleasantness. In Ms own mind he did not think Hayward was really frightened of Crowley. Witness had known Crowley for the last three years, and he had always found him honourable and kindhearted. Witness said that on recent occasions he had found Hayward and his boys abusive, and if he had not been a police officer lie was afraid there might have been a breach of the peace on any of these occasions. P. A. Lundberg, manager of the Ararata dairy factory, said he had had dealings with Crowley for the past 12 years, and had always found him honourable and easy to get on with.

Mr. Q’Dea said that now’ the evidence had been brought out he could withdraw his plea of not guilty in connection with the assault, and plead guilty. His client admitted striking Hayward, his action being entirely due to the fact that he held that Hayward had turned his stock on to his sections. As regards the sureties, they were quite unnecessary, as Crowley was prenared to give an assurance that there would be nothing further of the matter.

His Worship said the evidence did not reach a point where he would make an order for sureties to keep the peace. The effect of an unsuccessful application'for such an order, however, was nearly as good as a successful application, and an order would therefore not he made. Nevertheless, there w r as an assault, and he could not see that Crowley had any justification for striking a man older and smaller than himself. Crowley would be convicted and fined £3 and ordered to pay solicitors’ fees and Hayward’s medical expenses, the whole amounting to £5 12s 6d.