CHARGE OF ASSAULT

Hauraki Plains Gazette, Volume 53, Issue 32428, 8 May 1944, Page 6

CHARGE OF ASSAULT

NEIGHBOURS FIGHT ♦ INCIDENT AT MATATOKI QUESTION OF CUTTING TREES Disturbances among- neighbours at Matatoki were described in the Thames Magistrate’s Court recently before Mr W. H. Freeman, S.M., when ‘Edwin Woods, of Matatoki, was charged with assaulting Victor Deacon Woolmore, of Matatoki, on April 23. Woods pleaded not guilty. Sergeant W: N. Ferguson said Woods asked Woolmore about cutting some trees. Woolmore said this had been done and Woods abused him and struck him several blows. Provocation Denied Woolmore said defendant came in and asked him if he had 'been cuttingtrees on the drive between the two places. Witness said he had trimmed the trees- and defendant told him he had no right on the property and launched an attack on him and struck several blows. Witness did not give him any provocation, but the incident was the culmination of a series of events. Mrs Woolmore gave evidence that defendant approached Woolmore in a shed and began the assault. To defendant, she denied that she said: “■Put him out. Take a hammer to him.’’ Remark To Police ■Constable W. Cook said he visited the farm with 'Sergeant Ferguson after. a complaint about the incident. Wdolmore’s face was covered' with blood, and he said he had been assaulted by Woods. The constable saw Woods, who admitted he had assaulted Woolmore. Then Woods asked if there was going to be a case. The constable said there probably would, and defendant then said thau ■everything he had said before was “off the record.” Ferguson said Woods had not made a statement but admi te the assault. The branches had been hanging over the drive a mere 18 inches and the trees would' be improved by the pruning.

A contention that assault, according to the Oxford Dictionary, was to launch an attack was made by de-

fendant, and he said he was not capable of launching an assault, but he had defended himself. There were some arguments and blows were struck. Who struck the first blow he could not say. 'He had been far from looking for assault, but had defended himself against assault after Mrs Woolmore called out: “Put him out; take the hammer to him.” He had gone into the place to see what right Woolmore had to chop the trees. If there was any bad language it definitely did not come from him, as bad language was a thing he abhorred. Magistrate’s View The magistrate: You seem to be a disagreeable sort of person. Defendant: I do not think so, sir. You went over there looking for trouble? —No, sir. ■How often have you been across there? —On two occasions, once to see about water, once to deliver a message. The magistrate said the position appeared to be this: that defendant had been annoyed with Woolmore about lopping the trees. He went ovei' to a shed looking for Woolmore, and found him. It seemed that Woods was the aggressor, and that he assaulted Woolmore, not in a very t gentle manner, either. The defendant had tried to create the impression that he was a quiet sort of person and not the aggressor, but his whole demeanour did not beai- this out. He did not wish to do anything to create a worse position out there, but defendant would 'be convicted and the case adjourned for penalty for 12 months, defendant to pay the costs. That would mean that there would be no penalty if no further trouble occurred, but defenant would have to keep his fists to himself.