MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume VI, Issue 270, 31 October 1916, Page 2

MAGISTRATE’S COURT.

NAPIER. ASSAULTING A CHINAJfAN. At yesterday’s Magistrate Court, Walter Stewart, was charged with assaulting Willie Yee Lee, T)? striking him with b’s clenchcj fist. Mr Duff appeared for accused who pleaded not guilty. Sergeant Eales stated that Yee Lee was returning from Hastings to Taradale and when crossing Red Cliff Bridge, heard a motor coming. Knowing that there was no room for the latter to pass he continued to the other side of the bridge and then drew aside to let the car pass. Stewart jumped into his cart and struck him on the right eye. Yee Lee in his evidence stated that he was driving his horse over the Redcliff BrMge when a motor horn sounded. He continued to the end of the bridge and drew aside to allow the car to pass, but it halted alongside him, accused mounting witness’s cart and striking himin the face three times. William James Snell, said he was driving a dray across the bridge and witnessed the assault. Witness was in front of accused and on looking round saw the car stop alongside the Chinaman’s cart. He saw the accused mount it, and strike the Chinaman. To Mr. Duff: Witness did not wait after the first blow was struck, as he did not wish to be mixed up with it. He met some drovers along the road and told them of the affair. They turned round in time to see a man from Stewart’s car push the Chinaman’s horse and cart over the river bank. Walter Stewart in his evidence, said that Yee Lee’s cart was in front of his car when crossing the bridge. At the end of the bridge witness went to pass the cart, but in doing so, the shaft of the cart struck one of the car’s passengers. Witness drove along about a chain, jumped and endeavoured to stop the cart. The Chinaman struck at the horse and at witness with his whip. He mounted the cart and struck the Chinaman. He (witness) then sat down asd asked one of his passengers to hold the horse’s head and take the Chinaman’s name from his cart. Arthur E. Burton, one of the car s occupants gave corroborative, evidence, but stated that he did not see the assault at all as he occupied the back seat of the car. Charles West, who met the accused, also gave evidence. Robert Seeds, one of the occupants of the car, said that the Chinaman struck Stewart with his whip three times, when the latter went to hold the horse. He also struck witness. Accused then took the Chinaman’s name.

To Sergeant Eales: He saw accused put his foot on the . step of the cart, but did not see him hit the Chinaman. Sergeant Eales: On what side did the accused go? Witness after many explanations: The right side. Continuing, the Chinaman got out on the right side. The cart was not far from the bank. Sergeant Eales: You took enough notice to push the cart over the bank. ‘ . Witness: The horse was furious, and backed itself over. Sergeant Eales : You only took notice of the Chinaman hitting you and Stewart with a whip. Witness: If you were struck with a whip you’d notice it too. In summing up the evidence, His Worship said there was nothing to justify the assault. There was nothing to prove that provocation ensued, and the Chinaman’s name could easily have been obtained without jumping up into the. cart. The evidence about the whip was contradictory. ’ Fined 40/- and 51/- costs. YEE LEE’S CASE. CRUELTY TO A HORSE.

As the result of the previous affair Robert Seeds wks charged with cruelly treating a horse, by causing it to fall over a bank, when it was attached to a cart, also for damaging harness attached to the said cart, the property of Willie Yee Lee. Mr. D. Snell gave evidence to the effect that Seeds pushed the horse over the bank. To Mr. Duff: He saw the cart go over the bank. The Chinaman jumped off just as the cart was going over. Yee Lee had no whip. When it happened he came back to have a 100k —West, Burton . and others were trying to get it up again. There was a drop of seven feet down the bank. The Chinaman was in the cart when StewaTt pulled the reins out of his hand. Charles West deposed ‘•hat 1 e was talking to Stewart when rhe aecus ed was holding the horse’s head. Witness had remarked “That man will put that cart over the bank.” Seeds was backing the cart. To Sergeant Eales: The harness had to be cut considerably to release the horse. He thought Seeds was the worse for liquor, because he lay down on the bank after the action. To Mr. Duff: He thought. the horse a very quiet one otherwise it would not have lain in the position he did. Wlilie Yee Lee gave similar evidence as to the cart being pushed over the bank and the value of the To Mr. Duff: When he got hit his hat fly away. He picked it up when the cart was over the bank. Mr. Duff: When did you get your whip 1 ' / . Witness: I get no whip, I had none at all. In summing up His Worship said it was certainly an unlawful act, to push the cart over the bank, but the evidence did not prove that there was any intention to wilfully ill-treat the animal, he would therefore dismiss that charge. On the second he was fined £l, £2 to cover damages and 17/6 costs, in default 14 days’ hard labour.