FRACAS AT FACTORY

Hawera Star, Volume L, 5 February 1931, Page 3

FRACAS AT FACTORY

CLAIM FOR £IOO DAMAGES ESTRANGEMENT of couple TTTERIING OF STATEMENTS. The estrangement of a Wliareroa couple and the, uttering by the man of certain statements concerning the girl and her brother led to an assault on the man at the Wharci'oa factory a few weeks ago and an action for £IOO damages for assault in the Hawora Magistrate’s Court yesterday. The plaintiff was Leslie Price, who proceeded against Stewart French, the girl s brother. The magistrate (Mr J. H. Salmon) considered that the assault had been somewhat justified, but that punishment meted out to Price had been somewhat excessive. He awarded Price £5 damages as medical expenses, with costs. Mr L. A. 'Taylor appeared for plaintiff and Mr P. O’Dea. for defendant. in opening the case Mr Taylor said that the action had been the outcome of a. cold-blooded, premeditated, violent assault following a threat. The plaintiff and defendant's fathers occupied, farms on the Manawapqu Hoad and until lately had been acting in a neigh- \ hourly spirit towards each other. Plain-: tiff was an only child and had been! the accepted suitor of one of defendant’s sisters. On May 28, 11)30. defendant’s parents left on a tour of the Old Country. Until May the courtship proceeded normally. The girl was 19, and plaintiff 31. Her conduct then gave him serious cause for anxiety. In f lu' first week of the absence of her parentis she seemingly took leave of, her senses Mr O’Den : Surely my friend can I keep this young girl out of this. I, do think it is needless to bring her into the ease at all. and in any case.] I trust that ho will keep her out of: it as much as he can. I intended that the girl should not have been mention-! ed .but now that my friend has brought her into the matter the damage has been done. Air Taylor was again interrupted by .Mr O’Dea as he was proceeding with his outline of the case. ■‘The French family are decent people and I see no reason why the girl’s name should be brought in at all,” said Air. O’Dea. The magistrate pointed out to Air. Taylor that he might be setting out to] meet a possible defence, but might not I be justified. Air. Taylor then proceeded to call evidence. i

Evidence of injuries sustained by plaintiff was given by Dr. W. Al. Thomson, who said that plaintiff’s face bore evidence of a fight. He had a bruised lip, nose- and right eye, and the lower lid of the right eye required three stitches. Plaintiff had since complained that his vision had been slightly impaired, and this indicated a slight injury to one of the eye muscles, which should clear in the course of a few weeks. Photographs taken of plaintiff directly after his injuries were produced in court. Archibald Tomlinson ;sa id that he had been an eye-witness of the fracas at- the factory. He bad beard French ask I’rico to come out of his cart, but Price had declined to do so. French had then pulled him out by the legs. Price had landed on the ground on his side and as .soon as he got to his feet French had caught hold of Price and. after a few words, had struck him on the head. Price had not- retaliated then.

Replying to Air. O’Dea, witness said that Price was not particular with his choice of language After the fracas Price had said to French that ho was “a big bully like his father.” Witness had hoard afterwards that Price had blackguarded the girl.

Similar evidence- of the incident was given by Arthur Langdon and Alexander Paterson. The latter added that lit- did not think there was any attempt on Price's part to pick up stones and throw them at French, because there were no stones about.

The witness Langdon said be knew that Price had defamed French's sister. He also would adinfit that Price’s language at the factory was not of iho best. Witness was of the opinion that Price was expecting a hiding. For 12 months, said plaintiff in evidence, lie had courted French’s sister. During the first week her parents weftabsent from the country, Miss French bad said something and acted in such a way that be bad broken off (In- t-n----gagc-iiic-nt. -Site bad also made a slatcment. which had rr-flecled very seriously on the defendant. Plaintiff had .spoken to French about it, but lie had laughed and said it was none oT her —— business. Plaintiff bad told French senior of Ihe statements and it bail been discussed by the French family. He afterwards learned that Frc-nrli senior and defendant- wore “going to take it out or his hide.” Subsequently lie- bad been assaulted by defendant. having been struck three times. On occasions lie now suffered from giddiness and when lie looked downwards lie saw double. “I have not troubled about other girls since Aliss French ; I had had enough,” siatl plaintiff' in answer to Mr. O’Dea.

Plaintiff emphatically denied that ho told the French boys lie could neither cat nor sleep after breaking off the engagement with the girl, or that he said he- would commit suicide He had never told anyone he drove himself over a bank. In a way lie was glad to get rid of Lbe girl and he certainly did not lose any sleep over the affair. Air. O’Dea: “Did Aliss French get another boy right away?”—“No; not for six weeks after.” “I. was told by his sister that defendant was carrying on with a marride woman,” added witness in reply to a further question. “1 told the father because I thought it my duty.” When witness was making a statement in evidence about the girl a voice

in the court cried: ‘‘Hit him!'' Mr. O'Dea: "Vnn’vp got the sister on the brain. You will not repent the statements to anyone else!'” •‘.Vo; I got nothing hy doing so. - ’ Mr. ()'Den: “No; only n hiding.” “Why didn’t you cense making those statements when French senior warned you months ago!-” asked Mr. O'Don. •| was speaking the trull), ihat's why. ’ ’ “Did you ox.peci in gel a hiding r" — “I did.” Fetters written by plaintiff to the French family were prod need in court. In opening the defence, Mr O’Dea said that assault would he admitted, hut there was justification. The girl had thrown Price over and he had gone on making certain statements, .saying that the girl had told him. French senior had heard the statements all over the place. defendant, in his version ot‘ the affair, said that after his sister had thrown Price over, Price had said he

, was going to commit suicide. Price had made slanderous statements about witness and had said he would not stop making them. AYitness had warned him of the consequences il he didn't. There was no truth in the statement that witness had been carrying on with a marired woman. AA itness had also told Price to cease blackguarding his (witness’) sister, but he had said that witness could not Stop him. Describing the fracas at the factory, defendant said that he had gone over i to Price’s cart and told him he wanted , Ito speak with him. Price had refused to get down from his cart and defendant had eventually pulled him to the j ground. Defendant had then accused I Price of making statements. Price replying that they were the truth andi that lie could prove them. Price had ] added some further remarks and then defendant had hit him. Price had tried to fight and he had been struck again and lie had kicked defendant in the shins. No one had interfered. Air. O’Dea: You have never been before the court before? —No. Air. Taylor: But you are well and truly in it now to make up for lost time. “Where were you when Price told you he was going to commit suicide?” queried Air. Taylor. Witness: In a car. “Where was the car?” Witness: On the road, of course. At Ale. Taylor’s request witness wrote down the names of persons who had told him that Price was defaming him. John French, .father of defendant, said that his daughter had never really wanted to have anything to do with Price, but be (witness) had not the heart to tell Price to keep away from the house because of the fact that the families were neighbours. The magistrate remarked that from the doctor’s evidence Price suffered somewhat extensive injuries. The assault was admitted, but the question was whether it was justified. There was no doubt that plaintiff had behaved very unmanly and in a very ungentlemanly way in making statements reflecting upon the character of tingirl who had rejected him. and also upon her brother, despite the hitter’s warning. “Plaintiff admits ho. did. and that lie expected to get a hiding. 1 think there was some justification for the assault, but the punishment seems to have been somewhat excessive. lb show what I think of the claim. I will allow plaintiff £5 damages to cover medical expenses and costs. '