CLAIM FOR DAMAGES

Hawera & Normanby Star, Volume XLI, Issue XLI, 6 July 1921, Page 4

CLAIM FOR DAMAGES

ALLEGED ASSAULT.

I At the Magistrate's Court yesterday j jefore Mr Orr Walker, S.M., Joseph Wetton (Mr P. ODea) claimed from Shas. Tonga (Mr Taylor) the sum of £59 9s. Mr ODea: This was a claim for damages and expenses resulting from Tonga assaulting the plaintiff on the ■ 4th January. v Wetton had been given permission to take a few potatoes from | a neighbouring native's farm, and he j was proceedng home with a kit of po- !■ tatoes when Tonga came running up i and asked the plaintiff what right he | had to take the potatoes. He replied ' he had permission to do so. Then ; Tonga caught him by the hand and hit him under the ear. i The plaintiff in his evidence said , that he was farming at Normanby ■ near the Ketemarae pa. He had been told by the natives that potatoes were being taken from the patch by someone. After the assault his Vife made complaint to the police. Mr Duddy, police officer at Normanby, investigated the matter, but decided not to take any action. j Mrs Wetton said that her husband had been ill with influenza in the pre- ! , vious November and was still suffering . | from it when the assault occurred. I Her husband was very ill for about ! two or three months after the assault I and could not do any work- { I Vivian Tippetts gave evidence that on the 4th of January he was working for Mr Wetton, and was with him when the assault took place. He did j I not hear plaintiff say he would smash I • Tonga. — i I Dr Buist, medical practitioner, Ha- ! j wera ,said that he had been attending , I plaintiff before the assault. When he j saw Mr Wetton after the trouble he was in a semi-conscious condition and j i was suffering from concussion and • j shorik. He considered that if this asj sault had not occurred plaintiff would j , have been all right in about two or | three weeks, but owing to this trouble plaintiff had not yet fully recovered. I The case for the defence was that the Maoris had been missing potatoes, and were looking out for the person | who was taking them. Mr Wetton had no permission to take potatoes; but: had been given leave to get some ma- | terial for thatching a stack. On the day in question the defendant and another native, Wallace, were weeding carrots, near the potato paddock, and noticed someone in the paddock. They went to investigate and found it was Mr Wetton. They called Mr Wetton backhand Tonga asked him why he was taking the potatoes- Wetton replied that Tonga's father had given him permission to take the potatoes. . The defendant said this was'not 60, h and they agreed to go down to the pa . and seeJTbnga 6enr. After going a i few yards the defendant "caught Wet- ' ton by the hand and told him to hurry . up. Plaintiff then told Tonga to take his hand off or he would knock him down, and at the same time attempted to strike him. Tonga turned and got his blow in first. Mangi, aunt of Tonga, said she did not own t£e crop of potatoes, anu these belonged to Tonga and his wifeShe did not give Mr Wetton leave to take the potatoes. A day or two after the assault she did not give potatoes to Mrs Wetton, but gave her some pumpkins. These were grown on Mangi's par x t of the uand, arid not on ; Tonga's portion. j Tame Tonga, father of the defendt ant, said that he had been given cab- | bages and milk by the plaintiff, and j he had given Wetton two bags of po- [ tatoes in return. He had given no one permission to take potatoes. If he had found Wetton in the paddock taking potatoes he would not have said anything. Raupo Wallace, who was with Tonga at the time of the assault, said i that they were weeding potatoes on j the day of the trouble and noticed ( someone in the potatoes. On going (over they found it was Mr Wetton. I Tonga asked what right Wetton had to take the potatoes, and plaintiff replied that Tame Tonga had given him permission. Tonga then . suggested going down to see his father, and Mr AVetton agreed- Then he pulled back and "Tonga caught him by the shoulder. Plaintiff then attempted to strike defendant, but Tonga got his blow in first.

Mr Taylor quoted p169 "Salmond on Torts," to justify Tonga striking Wetton, after Wetton had attempted to hit him. He said that no account could be taken-.of the state of health the plaintiff was then in- He queried the amount paid out in wages as plaintiff had admitted that he could not do the work as he was suffering from gastritis. Mr ODea considered that even if Wetton did take the potatoes the plaintiff had no right whatever to take the law into hi§_own hands. The Magistrate, in delivering judgment, said there was no justification for the assault. Even if the plaintiff had attempted to hit him, Tonga had no right to use the force which he did use- He, therefore, found for the plaintiff, and allowed the full amount of damages claimed, £20- With regard to the other items, he .considered £17 would cover this. Judgment would be for £37 and costs.