SECOND EDITION. YOUTHS AT VARIANCE.

Mataura Ensign, 2 November 1911, Page 5

SECOND EDITION. YOUTHS AT VARIANCE.

¥ TUTURAU ASSAULT CASE. FIXE OF £lO AND COSTS. The Gore Magistrate's Court was occupied about two hours to-day in hearing a charge of assault at Tuturau, those concerned being the sons of neighbors. Mr Bowler appeared for the informant and Mr E. C. Smith for the defendant. George Hannah, Junr., stated that he was looking after his father's sheep 011 Sunday last and was returning home between 11 and 12 o'clock in the forenoon when he found Hesslin lying in wait opposite the boundary feneo between witness' father's property and Aitken's. Hesslin caine out on to the road and caught hold of witness' horse by tlio head. Witness told Hesslin to let the horse go as he (witness) had no time to humbug with h:in. Hesslin caught hold of witness, and the saddle slipping round witness fell on to his knees on the ground. Hesslin hit him on the head with his fists. He did not remember what else happened. Tho first thing lie remembered was that he was sitting in his home. Cross-examined: He was 17 years of age, and would fight Hesslin with a fair chance. He never said ho would fight him, but Hesslin said he would fight both witness and his brother. Hei told a Mr Christie that ho would not] bo afraid to fight Hesslin if anyone was present to see fair play. Hesslin asked witness on the Sunday to come to a quiet place and fight him. Witness called Hessllw a coward, and denied giving him the first blow. He never touched him. He had invested in a pair of boxing-gloves lately and had only had two or three practices. Ho admitted asking Mr Christie if Hesslin was any as a fighter. Hesslin stunned him by tho first blow when he was on the ground. Ho called Hesslin a coward when he caught witness' horse by the head.

James Hannah gave evidence to the effect that between 1 and 2 p.m. on the Sunday ho found his brother George lying in the stable. Witness told his father, and ho took George up to the house. George told witness he would not mind having a "go" with Hesslin some day. George Hannah, father of the informant, said he found his son in the stable quite stupefied, with his face cut and bruJsed and blood over it. The boy was barely able to speak. Witness assisted him to walk up to the bouse, where he had his bruises dressed. Samuel Rakiraki said ho was in the flaxmill hut on Sunday afternoon. Hesslin visited witness and said ho (witness) sdiould congratulate him for hammering George Hannah. Witness said that was not much to do. Hesslin said lie had pullod him off the horse and given it to him. ■Mr Smith in opening the case for the defence said there was no special reason why the young follows should have disagreed. There- was feeling between the parents of the boys, and it came to Hesslin's ears that Hannah wanted to tight him, and when they met the matter was no doubt discussed.

Geo. A. Hesslin said he was working on his stepfather's farm at Tuturau. On Suiub'- ast he was down the road shooting ibbits. Ho met Hannah, stop)-"* 1 1,., and asked him if it were true :' .' !n was going about the district ;<y .., he could fight witness, and would iA <'■ ,o now? They had some words, ,r '■■' v. ness said ho would fight him then. ? ;r.ah called h'tm a coward. Hannah -..>:.; he would not fight unless he had someone to see fair play, and again called witness a coward. Witness then pulled him off his horse. Hannah struck the first blow and witness knocked him down. Hannah then said lie had had enough and was satisfied. Ho would not have tackled Hannah had the latter not gone about saying ho could and would fight witness. After the fight the pair walked up the road together. W. Christie also gave evidence. The magl'strate- said he believed Hannah and would convict Hesslin, who would be fined £lO and costs amounting to £3 6s. It was only owing to his youth that he (the magistrate) did not send the accused to iraol without the option of n fiile, and if he came before him again on a similar charge he would bo sent there without the option of a fine. He would allow 14 days wherein to pay the fine, and the default would be fixed at two months' imprisonment.