MAGISTRATE’S COURT.

Lake Wakatip Mail, Issue 3996, 21 April 1931, Page 5

MAGISTRATE’S COURT.

QUEENSTOWN, APRIL 14, 1931. (Before E. 0. Levvey, Esq., S.M.) CIVIL BUSINESS. D. R. Hamilton v. G. P. Enright —Claim £22 3s sd. Judgment for plaintiff by default. Costs ss. State Advances Supt. v. Jas. E. Weavers. —Claim £,20 19s 9d. Judgment for plaintiff by default. Costs 30s. „ ~ Lake County Council v. P. B. Boult. —Claim £4 )2s (2d. Judgment for plain’tifl by default. Costs 10s. CHARGE OF ASSAULT. Thos. Major Shore v. John Thompson, senr—Charge that on February 9, 1931, at Lowpr Shotover, he did assault the said T. M. Shore, and did - use insulting and provoking language. T. M. Shore also lodged a complaint for an order against J. Thompson, senr. for recognisance to keep the peace. Mr T. E. Sunderland, appeared for thq prosecution and Mr C. H. McKay, Queenstown, for defendant. ; In outlining the case for the prosecution Mr Sunderland characterised the alleged assault as a most aggravated one. Complainant and defendant, who were dredgemaster and man, respectively, of the Golden Terrace Gold Dredging Co’s, dredge at Lower Shotover, shared a hut. For some time defendant had been an undesirable companion as far as companionship was concerned.. Back in December complainant had to speak to defendant about some gold in his possession and this caused unpleasantness. Counsel’s client considered that defendant was ' given the “sack” in February and he (defendant) evidently thought that Shore was responsible for this and he “got it in to him’’ for it. Shore became in dread of his life; and, following on threats made by defendant, he took a room lat the Lower Shotover hotel rather than Remain ip tie hut with him. Following on'this the assault took place. Thomas Major Shore (sworn) said he was dredgemaster on the Golden Terrace dredge. First met defendant some years ago. Shared a hut with him out at the dredge, and found him not a pleasant companion. Often would not answer when spoken to; but had no reason to doubt him re playing the game. Had had no disagreement with him, but on 6th February defendant threatened witness. He said “There are two men on this job I am going to do for and you are one of them. 1 will do for you between now and Saturday, morning." At that time defendant had received notice and was finishing up on the Saturday. Defendant went away between 12 and 1 on Saturday night, taking with him all his belongings except a razor and strop. Witness had by this, time gone to stay at the Lower Shotover hotel; as he considered it "was not safe to stay with defendant in the hut. On the following Monday morning at 9 o’clock defendant came out again v co the dredge. Witness was running out a head line at the time, and defendant came and said he wanted his tucker account settled. Witness said ho was busy. Defendant moved about excitedly, repeating “I want my

money. I '' Witness said he ■wouldsettle his share in the afternoon. Defendj ant's son came out. in the afternoon and witness fixed up with him. Some time between 6 and! 6 o'clock that \ evening defendant came out again to I the claim in a taxi. Witness was cooking his tea at the time and, looking out the window, saw defendant . walking quickly towards the hut. He came in and, as he did so, he caught witness round the neck, grabbed up a knife and said “Now I have got youl Say your ' prayers; say your prayers.” With this, he got witness on the floor, and, putting his knees on his chest and his thumbs on the sides of his throat, knocked the back of his head on the floor, again repeating “Say your prayers.” You got me the sack, you —When witness was able to speak ho said “The engineer will be here, shortly,” whereupon defendant put his foot on witness and looked out the window to see if the engineer was coming. Defendant said “If you move I will jump your inside out.” When W’itness was able to speak he told defendant he had better take razor and strop away which he had left behind. To this defendant replied that he did not want it and that witness could cut his own throat witlh it. After defendant left the hut witness must have lain there for 10 minutes. Then he lay on the bed, after which he went to the winchman (Stewart) and told him what had happened. Asked him to come to the hut and ring the police; also to make an appointment with Mr McKay, solicitor. Mr Bagrie drove him into Queenstown, where lie saw Mr McKay, but the latter said defendant had already engaged him. Witness went up to Dr. Anderson,' Told him he felt bad. The Doctor washed the blood off his face* said he had a slight cut. He did not Use any instruments on him. Witnas(s paid his fee; then went back to the ;hotel at Lower Shotover, and rang for Dr. Ferguson on Tuesday morning., —Counsel for defendant here produced a letter referring to some gold, which letter witness recognised as having been in the hut. The directors came up and he heard a man say to Thompson that he must give him a receipt for some gold —about 4 or 6 ozs—which would be Company Gold. — Continuing ,witness said that he was in bed off and on for three weeks after the assault. Was spitting blood ab times—By Mr McKay: Considered Thompson was sacked b\y the Company and by witness, who had power to do so—Mr McKay; Would you be surprised to know that on January 12 last Mr Thompson sent in his. resignation to the Company; and. on the 15th January he received a letter acknowledging it and expressing appreciation of his services to the Company ? (Letter produced). —By Mr McKay: On the night of the 6th February defendant rocked about in his bed like a madman. Next morning he gave witness warning. It was Thompson who came to Glenorchy and engaged witness for dredgemaster at £5 a week. Was not earning anything in particular prospecting. Defendant made no mention when he came into the hut about having lost sonic silver. Witness had a fork in hi-( hand at the time. It was not a fact that witness felt sore with defendant that he -was being employed only because he had a ticket, but had no authority. Wm. H. Stewart, winchman on the dredse, said he knew both men. Remembered seeing defendant at tine, back of the blacksmith’s shop on the morning of the 9th February. Saw him again in the afternoon' at the back of witness’ hut at between 6 and 6 p.m. The road would be about ’lO to 15yds from the hut. The car appeared to be going to Queenstown. About 10 to 15 minutes. later Shore came to witness’ hut and told him what had occurred. Blood was running from his nose to his- ear —not a great lot—and he appeared to be exhausted and could hardly speak. Asked witness to ring the police. Witness went to the nuti to do so. It appeared to be in a state of disorder and there were signs of a scuffle having taken place. Witness saw Shore almost every day. He used to come to witness’ hut at night and stay late as he appeared to be nervous about returning to the hut he shared with defen- | dant.

J. A. Bagrie said he had known Shore since he was appointed to the dredge about three months ago. Remembered his coming to his house at about 8 o’clock on 9th February, asking that witness take him into Queenstown as he wanted to see Dr. Anderson and his solicitor. Shore looked a bit of a wreck. He had to sit down when he got into the house. He had blood on his face and seemed pretty nervy. Shore often sent up to witness to bring his horse down to help him shift the head lines of the dredge. The distance Shore had to walk to witness’ place that night was from 10 to 15 chains.

Dr. W. B. Ochiltree Ferguson, Ar- j row town. said he had never attended complainant until the day after the assault when he was called in to see ac the Lower Shotover hotel. Found him suffering from a cut on the left side of the nose; his throatj was reddened and there was bruising on the left side of the chest. He was also suffering from mental and physical shock. He was subsequently in bed for 8 or 9 days, off and on, principally as the result of shock. Would not say he was badly bruised, but there was distinct bruising of the chest. Attended him regularly for two or three weeks. He paid witness cash each time. Was n'ot owing anything now.—By Mr McKay: Would not be positive it was on the 10th February that first saw him. Mr McKay: If defendant had his two thumbs on complainant s throat as he declares, would you not expect do see more bruising?— Witness: It depends on the force that was used.— Continuing, witness said Shore was distinctly suffering from reaction after the shock. In opening the case for the defence, Mr McKay submitted an absolute denial of the charge. His client’s relations with the complainant had been kindly though the two men may not '.have been chummy. Moreover, ho had been responsible for getting Shore the job of dredgemaster. The association of the two men posislibiy did not wear very well. Shore seemed to have become sore because bis

position was rather a nominal one. The evidence that would be submitted would clearly set out the actual facts. The insinuation regarding the handling of the Company’s gold by Thompson w r as most unwarranted and he would like the fullest publicity given the real facts. John Thompson, sear., sworn, deposed that he was a miner -and until recently was a director of the Golden Terrace G.D. Cot. He was still a shareholder. He was responsible for Shore being engaged for the position of £redgemaster of the Golden Terrace dredge. Witness was appointed foreman. Shore appeared quite happy at first, then he seemed to begin to feel uncomfortable in his position. Never had any words with him. They were friendly all the time. Alter the first month he was seldom at the dredge. He had no particular duties. When witness found that his (witness) work at the dredge was taking too much of his time he tendered his resignation to the Company on January 12, and received a letter oi appreciation from the Company on January 15. (Letter produced). The allegation that he had jgot the sack was absolutely false. As to- the gold sooken Of by Shore, pne) of the direc-tors-of the Company and some reprerentative, of shareholders in the N. Island came out to the claim to clear’ up a difference. There were o-Oozs of--- 'gdid-iff and witness was asked to put -sozs into something for the N.I. shareholders to see. It was fut into a bottle in Shore's presence and a receipt was given witness by a Mr Richardson for it.. , Shore knew what,it was wanted for. Mr Chapman was .appointed foreman in witness’ 1 place. ’Witness finished up on the Saturday night, February 7, at midnight. Chapman took over -on the Monday morning following and witness promised to wait and see him through. When witness got home and unpacked his things, he missed some silver from his trousers pocket. Considered it had probably -fallen out on to his bunk in the hut when he took the trousers down, off the nail to pack them. On Monday, 9th February, witness was not near the dredge. He went round settling all the hub accounts due by Shore and himself, and on Tuesday morning he went out to the claim as Chapman had not got out the pay sheets and he- wanted to ask why. He (witness) was going away on the Wednesday -and there was pay coming to him. He thought that at the same time he would call in at the hut and look for the silver, but found it locked and could not find the key. Went to the dredge and asked Chapman about the pay sheets. Saw Shore, who was working with the head line. Witness told him he had all the receipts and wanted his share of the expenses-. Shore replied insolently, and said he had arranged with McNeill to square his own half. In any case he had nomoney, to which witness replied that he would have some when he was paid. Witness’ son brought out the pay that day. At about 5.30 t(hat evening witness asked Geo. Chalmers if he would run. him on to the claim in his car as he wanted to have a look for the 16s in silver he had lost. He did this, the car being pulled up within ' 30ft of the hut. Witness got out and went to the hut. Shore was frying some onions and hp had a knife in his hand. He -said to witness, “What the are you doing here”? Witness replied: “Tom don’t speak to me like that,,I have come to look for some silver I think I have left here.” He said “You j do- you think 1 stole

it." Following this he took up a fighting attitude, with the knife in his hand. Witness took hold of Shore's) right hand with his right hand and caught his coat collar with his left and put him on the floor; then wrenched the knife from him and flung it on the table. He said, ‘Th make you pay for this.” Witness then left. Shore’s allegations as to what witness did to him were quite false. Witness would be in the hut for about to '2 minutes. Drove back to town, and in the evening met Mr McKay, solicitor. Told him there had been a difference with Shore and that if any trouble arose out of it he (witness)wanted him to act for him. Counsel’s statement that he had engaged him earlier was false. Up tilt the day before the trouble there had been no unpleasantness 'between himself and Shore. There was scarcely a night that they did not have a coffee supper together.—Cross-exam-ined by Mr Sunderland: Absolutely deny that he threatened to do for him. Had no trouble with two other dredgemasters. Had no arguments with them, nor any hasty words. Chalmers drove witness out as a friend to get the 16s. Deny that have a hasty temper. Consider am as cool and collected as the next man. Could not have taken the knife from Shore if had not put him ■on the floor. Did not use any violence in so doing/' Did not stand on his chest. Cannot amount for his throat} being bruised. By, the Court: Certamijt,'’! afraid of Shore By Mr Sunderland;' Do not see how the hut could be knocked about as stated iq evidence by the witnesjs Stewart. Never had any words at any time with Shore. AU the gold witness had was Company gold. Witness was not worth £SOOO, or assets to tha tvalue.

Dr. W. A. Anderson, Queenstown, said, complainant Shore came to see him at y.15 p.m. on Tuesday. Debt. 10. He was very excited and did all the talking. There was a streak of blood from his nose to his ear. He said defendant had tried to cut his eye out. When the blood was washed away there was a slight scratch. His throat looked red but there were no linger marks on his neck. Felt his pulse and found it normal. He said his chest was sere. Asked him to take a deep breath, which he did without discomfort. Felt his chesit) and found no ribs broken. Geo. Chalmers, Queenstown, gave evidence as to having been asked by defendant to run him out in his car to the claim, which he did. This was at about 6.30 on February 10. He said he had lost about 16s in silver. - The car pulled up about 30ft from the hut, the door of which was open. Thompson got out and went into the hut. Was near enough to hear Thompson say “Let that knife o-o ” or something like that. Heard no disturbance. Thompson would bo away only U to 2 minutes. The en-

gine of the car was still running, but it made little noise—By Mr Sunderland: Thompson was not a bad tempered man. He did not discuss the occurrence with witness afterwards There could not have been a scuffle without witness hearing it. Constable Dunn also gave evidenceregarding the complaint made by Shore on 9th February. Shore met him that night in the street at about 7.30 and showed him a small blood streak across his face which he said had been caused by defendant having taken a knife to him. As witness was going away in the morning with a mental patient he told Shore to see Dr. Anderson, and ring up Constable Pearce of Arrow 7 town about it. Witness saw Thompson subsequently and he denied the assault. Had known defendant 9;} years and had always found him to be a law-abiding citizen. Would be very surprised to find him guilty of a murderous assault. This concluded the case.

His Worship found that a breach of the law had been committed and he imposed a fine of 20s. Solicitor’s fee £3 3s, medical fee £1 Is, witness' expenses 30s, car hire £l. Ho order was made for a recognisance to keep the peace.