BLOWS IN A COWSHED.

Hawera Star, Volume XLVI, 6 October 1926, Page 6

BLOWS IN A COWSHED.

DAMAGES CLAIMED FOR. ASSAULT.

T. J. Coxhead (Mr J. Hessell) ptoceeded .against VV. Beer (Mr P. O’Dea) at tile Magistrate’s Court at Elfclxam yesterday for £27 damages arising out of a, case of civil assault. An additional claim for £75 special damages was withdrawn. In opening ins case, Mr Hessell said that on March 9 last Deer called atCoxhead’s iiouse and inquired for him. Annie Coxhead said tier latner uas not at frame. JLieer was very angry. Annie Coxhead’e evidence was given in i-'annerston iMortn. A quarrel aiose over an afegation of faying i.. t-ornui-tion regarding noxious weens. ifeer suiisequentiy assaulted coxnead au-a damaged an eye. it had since oeen admitted tnat Coxhead aid not mten in on neer in regard to tne noxious weeds.

Tne magistrate read the evidence of Annie Coxiiead, daugnter of tne pjaintur. it was to tne enect that ueer, very ango, came to- tne nous© to see pj am-t-rtf. rfhe asned if defendant wanted to see her latner, and fie said T saoura tmnk i did. She did not know v.nat Jieer was angry aoout. tier latner and ne naa pteviously teen friendly. i'laintitt. Tnornas James coxnead, of Te ixiri, stud on Marcn 10 ne went over to Ueer's rarm to =ee about his Loises, ail- Leer was working witn milk cans. \\ itness walked into the engine-100111

of tne eow-sned. 'i'nere was a post and rail fence between Hun ‘and fleer. Witness was affected by coming 1. 0111 tne iigHt into- tHe darkness. He said to neer: "Are you aggravated o/er tne noises, ham?” Peer came towards witness mumbling something like "fou

cow.” Peer then hit witness a fairly hard bow, and he was no .ooner on tne ground than he got another one. As he made for the door witness was iiit a third time. The bows practically stunned witness. He ‘‘had no sight,” and ‘'could see nothing.” Witness did not attempt to hit Peer. Tkeic was no preliminary argument. Witness gave no provocation whatever. Witness got oat of tne shed as quickly as h© couid. Peer was the only man. witness sa w in the shed. There was not much difference between the light of the engineshed and that of the cow-shed. While going away witness met Mrs Peer and ner two daughters. Witness was not responsible for informing the inspector about noxious weeds on Peer’s place. The eye was badly blackened. It was closed for days. The Opunako ‘‘bobbio” said he had never seen an eye like it in his life. The ey®*was not right yet. Witness saw the “bobbie,” made a statement, and -then went to Dr. Church. A statement from, the doctor was here read to the court. Amongst other things, it stated that the damage was severe. The sight of the eye was dimmed. , Witness, continuing his evidence, said it was close upon two months before he could go to work. His nerves were all to pieces, and if lie cut a bit of wood it caused him to vomit. Witness met Beer a few days after the incident, and the latter said 1 if witness made no trouble about the eye he would not lose by it. Subsequently Beer had been friendly enough until counsel had sent an account for damages to him. Cross-examined by Mr O’Dea, witness said he was chairman of the School Committee, and defendant was -secretary. Thev had been mixed up in .'ocal politics and got on fairly well. Counsel suggested that four horses were in Beer’s paddock on the morning of the incident. Counsel also suggested that witness went to Beer in a very angry condition and made a “swipe” at him. “They closed, and in a scuffle Beer fell with his back on a tub. Witness denied this, and said he did not hit his- eve on the edge of the tub. He did not “skite” about his fighting powers. If witnesses.said so they would not be telling the truth. He had not had a fight since he was a boy at school.

Mr O’Dea suggested that his man had not liad a fight- either, not since lie was a boy in Greytown 30 years ago. Mr O’Dea asked witness if it were not a poor thing for two reputable men to be- before the court in each a case. Was it not merely a question of a fight in which witness had got the worst of it. Later a-t a .school committee election witness showed Beer a voting paper in which he voted for Beer, and Beer showed witness a voting paper in which the defendant voted for Coxhead. “Was not the hatchet buried there that night, Mr Coxhead?- Don’t you think Mr Coxhead —both of you—that as leading men in the district you should shake hands even now, and .settle it?” Witness: ‘‘l can’t do it after the -language Mr Beer used to me in Opunake.” “All rindit.” said Mr O’Dea, taking up the general thread of cross-examin-ation once more, and remarking that it was witness who was pressing the ease, not defendant. “Is it not a fact that this little chlaip, Siam, was too- good for you and the people were laughing, at you?” “No” said witness, “it was a trap set for me.”

Witness ibaised hi-s present claim on loss of time. He had made the special ;lalm of £lO2 because he thought there

might have Ibeen -a permanent injury to his eye. He was afraid lie might get cancer. Since the scuffle witness's houses had not been on Beer’s property. The cows may have been in. the hails at the time defendant called witness a. “cow.” If three witnesses for defence swore that he (Coxhead)

came in very angry, and made a swipe at their father, they would not be speaking the truth . ‘‘it’s all a question of: Who started it?” isaid Mir. O’Dea- as he resumed his seat.

Be-examincd by Mi*. HesseH, witness said the fence between the properties was down .in places. He was in no way responsible .for the encounter. One of tli.e reasons wby witness bad .not pressed. the proceedings was that lie expected defendant .to make good the a.ssunan.ce that witness would not loose anything by' the encounter. This assurance lailiso accounted lor the friendly feelings witness had shown to defendant.

Bertha. May Uoxlhead, wifq of plaintiff,- toldi ilier husihaud on the morning of the a.s'sam It that lie had hotter not send -their boy across to get the horses if ißeer was. angry ; also- that he should arrange for repairs to the fence. To Mr. O’iDea.: She ha.d not said to Mins. Thomas that .she would make acase of this if it cost all she had. G. Thomas said that Beer came to him .and asked .what witness would do if iCoxihead .informed on him about the noxious weeds. Witness said he “would go very crook.” He considered he, Beer and Ooxheiad were about on a pair .as regards noxious weeds. Beer said be had it in black and white that Goxihen.d had informed on him. Beer made no complaint at first of Ooxhead tiding to hit him, but later he did. Beer also said definitely that he would see that the had eye did not cost him anything. Mr. Hessell: Did you .see the eye? Yes. What .was it like? Witness (feelingly): A beauty. To .Mr. O’Dea : On a later occasion witness had threatened to hit defendant. If 'he .said ihe would, .have ham off -the road in ifcwelve months he did not mean it. He had not called defendant 1a “ ” anymore than any-

body else would in an argument. He had" threatened to pull defendant’s nose. He once brought back things he had -borrowed frofh Beer because he did not know “what wias crawling on, him.” Tie was only in the case because he had heard Beer sa.y that Ooxihead would lose nothing from the hit in the eye, William Goxhead, son of plaintiff, also gave evidence. Neil McKinnon .said he had sat on committees with both men, and they .seemed friendly enough. He .saw Beer after the incident, and his hand was .swollen. Vera. Beer said that Coxhead came into the died, and said “are you wild about the horses” ia-nd made -a- “swipe” at her father. -She got up from milking when the struggle was on. The magistrate stated tlia-t he would be pleased if council would make another effort -to bring their clients to an agreement. Counsel signified their willingness, and 'an adjournment of ten minutes was taken.

On resuming, Mr. O’Dea said that he mas -pleased to report that the parties had received hiis Worship’s suggestion -where counsel's efforts had previously failed. The action ma-s withdrawn. Each party would pay its own costs. Mr. Beer apologised to Mr. Coxhead for the remarks made at Opumake. Mr. Tn-te congratulated the parties, and -sa-id it mas fitting that -such, a ca.se -should nob be gone on with. Reputable people sometimes viewed -a Set of circumstances in ,a different light to that in which they were regarded by other people, and in good faith gave their evidence, believing that what thev said mas the truth. He hoped the parties mould live in friendship and amity hereafter.