A CARRIERS’ QUARREL.

Hawera Star, Volume XLVIII, 5 March 1925, Page 4

A CARRIERS’ QUARREL.

SERIOUS THREAT ALLEGED. COURT’S PROTECTION SOUGHT. The protection of the court for keep- 1 ing the peace was to-day sought by Thomas Bosson, a carrier of Hawera, against. Alfred E. Crowley, also a ear- ' rier of Hawera. Mr Houston, for the plaintiff, said that grounds for the application were that Bosson had, jiist cause to. fear that Crowley would' do him bodily harm. A threat had been made, and was one which, from the general circumstances, was most ominous as far as Bosson was concerned —a. threat which entailed danger not only to his own'life and limb, but danger to the lorry wherein Bosson plied his trade. As far back as December, 1923. the parties were working pn a job together in the Tongahoe Valley. As a result these operations Bosson had an account against Crowley. After a long delay Bosson Irad to sue Crowley, but that civil claim was settled, all save the item of towings. Later both parties met in the vicinity of the Hawera. railway station, and Crowley accosted Bosson and asked him what he was going to do in the matter of these towings. There was some, short discussion, when Crowley apparently lost his temper and went the length of aiming a blow at Bosson. Also he addressed Bosson in words which constituted a threat, and which threat was occasioning Bosson some anxiety. Leaving out the bad language, Crowley’S threat was: “On the first occasion I meet, you near a cliff, over you go!” The significance of the threat was, said Mr Houston, that Bosson drove a two-ton lorry and Crowley a four-ton lorry, and-the two frequently met on roads which had drops beside them. The. threat was that Crawley would create a collision and 6 Bosson would be hurled into .the abyss. Proceeding, Mr Houston said that, only a fortnight ago Crowley had been convicted of assault in connection wth other proceedings.., “When Crowley gets off the rails he is a. very dangerous man,” said Mr Jlouston. Continuing, counsel said that Crowley had also been convicted of assault on one Sayers, the borough foreman. Further Crowley’s' conduct since the issue of the court proceedings was such that, if not conveying contempt, aggravated the of-, fence and caused Bosson fear. After the summons had been served the two had met, and Crowley had said: “Bosson, you wait until I get you after this case is concluded.” Bosson then, went into the witness box and gave evidence on the lines indicated by Mr Houston. i In reply to Mr O’Dea, Bosson said he had not instituted the proceedings simply, because Hayward had acted similarly. I He had not laid kfce complaint before because the court had not been sitting owing to tlie Christmas vacation. . Bosson further said that there were two men who could tell the court what had taken place when Crowley aimed the blow , at him, but , they preferred not to be mixed up in such proceedings. Mr G’Dea: I find there was a sitting of the court on January 15. If the offence took place, on December 20,, why was the case not brought, when the court sat on the 20th of January. I piit it. to vou, Mr Bosson, that' the whole thing is an afterthought. Witness: The case could not be brought on until the end of January.Mr O’Dea: Didn’t you and Hayward get your heads together? Witness: I was not mixed up with Hayward. Please get Hayward out of your mind. Mr O’Dea : Yon were living down at tlie beach. Were not Hayward’s cows grazing on your beach section? Witness : No. Mr O’Dea: You didn’t like being connected with Hayward? Witness:; No. Mr O’Dea: Yout inference in connection with this threat, is serious. You don’t mean that Crowley would commit murder ? Witness: 1 am simply giving you the words he used. Mr O’Dea: You might not meet near a cliff in 50 years. Witness: 1 don’t, take it. as the words stand, but I ’take it that on the first favourable opportunity that we meet he will be the cause of a . collision. Mr O’Dea: But that would mean damage to his lorry. Is it likely that Crowley would do £IOO worth of damage to his own machine in order to do £2OO worth of iadmage to ypurs? As a matter of fact it often happens that in a collision the lighter machine comes off best. Witness: Crowley could cause injury without doing damage to liis own machine. After further cross-examination, witness said he had had a good deal of practical experience in driving, and he knew he could hit a vehicle wi£h the I tail of his lorry and cause a. collision I without injuring his machine. Mr O’Dea: You know so. much about

it that I am certain that if Crowley commenced any funny business he would soon come off second best. * Crowley, in his evidence, said that Bosson had tried to charge him for the cartage of more timber than, the Public Works engineer had said had been carted. Crowley denied that he had struck out at Bosson, and he also denied that he had used the language or threats complained of. He could give the magistrate his assurance that he would have nothing further to do with Bosson. *

Cross-examined by Mr Houston, Crowley said lie had accosted Bosson in the railway goods shed, and had asked him for £l.O owing for towings. Bosson had told him to go somewhere, but he (Crowley) had not attempted to strike a blow. ’

Mr Houston: Why did you not go to Bosson like a man and apologise ? Witness: I do not see why I should go to Bosson. . i S Sergeant Henry, in the witness box, said that he considered Bosson to be a man who could hold his own in - any argument; Besson had proved that in the town. Mr Houston : That is man to man; not motor lorry to motor lorry. Mr O’Dea: Bosson can use his motor lorry well. He has told us how he could cause a collision by hitting, another vehicle with the tail of his" machine.

Continuing, Sergeant Henry gave Crowley a good character, stating that he considered that before Crowley would interfere with anyone he would have to be given provocation. , Cross-examined bv Mr Houston, Sexv geant Henry gave Bosson an equally good character, except that in the .case of by-laws Bosson was hostile. Constable Mullan corroborated Sergeant Henry’s evidence, stating that he did not think Bosson need fear anything as far as Crowley was concerned. His .honest opinion was that Bosson and Hayward had. put their heads together while they had been living down at the beach. Of the two dispositions he would prefer Crowley’s to Bosson’s. Frederick J. Shaw said that on the occasion when it was alleged there had been an altercation between Crowley and Bosson he was loading barbed wire

close by, and he had seen nothing unusual in the men’s behaviour. His Worship, Mr J. S. Barton, S.M., in delivering judgment, said that the plaintiff’s application was based on facts, and in connection with this he had to prove assault, the use of certain words, and just cause for fear. The Magistrate held that neither of these things had been prove*!, and as no grounds had been made out for the order the application would be dismissed. .Defendant was allowed costs £1 Is and witnesses’ expenses 6s.