Untitled

Manawatu Herald, Volume LII, Issue 4783, 16 July 1932, Page 4

To Mr. Rodgers witness said he did not examine Mrs Aston carefully but he did notice that she had some scratches on her legs, below the knees. (Laughter). This concluded the case for the 'Shortts and Mr. Rodgers, in calling evidence for Mrs Aston, said that the ease was really an echo of the cowbell case. Mrs Aston was a hard working and industrious woman, living, amongst easy going beach folk who did not approve of her mode of living. In addition she was of German extraction and together, this seemed to be the basis of the trouble. Mrs Aston had the right to use the section if she fenced it and she told Mrs Shortt that there was no right of way. Mrs, Shortt persisted and was pushed away. Since the cowbell ease a plot had been formed to run Mrs Aston off the beach and conditions were made positively distasteful for her and she was more or less without friends. The S.M.: She more or less brought that on; herself. Annie Emelia Aston stated in evidence that < she had received a letter early on the morning of the 13th from her son, who acted as her agent, intimating that Mr. Levy had granted her the use of the paddock, providing she fenced it. She took up the task forthwith and shortly after she had started saw Edna MoPhail pass through the paddock. She did not remonstrate with her as she was a child, but decided to speak to her parents. She then saw her returning with Airs Shortt and she told Mrs Shortt there was

NO THOROUGHFARE, meaning through the fence, and explained that she was renting the property. Mrs Shortt told her to go to ——, “and as I did not intend to do that,” said witness, “I took her by the'biceps and not the shoulders as suggested. No mention was made of a telephone message or I would have let her go, but I showed her the gate. (Gasps from the crowded gallery of “Oh, speak the truth”). “She slapped my cheek,” continued witness, “and I caught her arm and twisted it. A struggle ensued, and Mrs Shortt is not} as weak as. she makes .out. She gained five feet on me and I had to do something in return, so I gave her a kick,” and, bending down, witness slipped.her shoe off and held it aloft, to the great amusement of; the court. “With this,” she added. “Mrs Shortt then called me a —. — German. I have had to put,, up with a lot of terms like that, and even my goat has been called a German because his coat is coloured black, white' and yellow. Anyhow, she kicked and wrenched until she fell down and while she lay there I went on with my fence. I thought she. intended lying there until I was some distance off and then making a dash for the fence. She got up and went back but tripped in the long grass. I never threw her on any occasion. The second time she fell within two feet of the fence and lay there blubbering and saying her heart was petering out. It was an hysterical sob, however, Mr McPhail then came out of the washhouse arid tnhl Mrs Shortt to get up. She continued to blubber and I turned to ■McPhail and "said, ‘ARE YOU IN THIS, MAGE?’ If so, you take my tip and keep out.”

Mr. Rodgers: And he kept out? Witness (significantly) : And he kept out. Mrs McPhail then came out and I warned her not to go through the fence. She helped Mrs Shortt up, however, and the two of them tried to get back through.the fence hut I got hold of them and the struggle recommenced and down dropped Mrs Shortt, adopting her favourite method of getting a breather. She made one or two smacks at me but. didn’t reach me. I was beginning to get fed up , when she .made a attempt so I forced her back 'five feet and she flopped again. During the struggle, Mrs Shortt made uncomplimentary, remarks to me and I heard her call to Edna McPhail to get her hus-band-and Constable Owen. Shortt CAME UP AT A-ORE AT RUN, and without any attempt at explanation,'made a dive for. my legs and,upending me, KNELT ON MY STOMACH.I felt his hands go up for my jugular vein so I caught holdof his ears and pinched hard with on hand. The other was disabled with an old injury and I could not pinch much with it. Shortt held me down for 20 minutes but- when I pinched his ear he made certain expressions and called to his wife for assistance. She held one hand. The strain on my stomach by this time, was becoming severe and there were lumps of lupin sticks in my back,; so, drawing up my legs I nearlyunshifted him and managed to get on my side. I asked him when lie was going, to let me up and he wanted to knoAV if I was going to knock his wife about any more, T replied that it was only her fault, and then he either saw or heard Constable’s Owen’s ear, for he let me go. I told him he might just as well stop there until-the 1 constable arrived. I then picked up his hat which I had been lying on. and commenced to straighten it out. He said “Thanks,” and I said the word is “Please.” He then threw my shoe into McPhail’s, so I tossed his hat on the roof of the house. He then remarked, “Well the Allies are one up on the German,” but I said, “As three to one you’re 0.K.” Shortt was the man who put the challenge round the beach about my cowbell and who had since complained of it. I had- - removed the tongue from the bell;

a month ago, however, and so when Constable Owen arrived we went over to'the cow and he was unable to got any noise out of the bell. • Witness said that she had never seen the Shortts go through the paddock previously or since. Shortt had tried to prevent her getting grazing at the bench and had been partly successful. Witness had suffered a few abrasions as a result. of the assault which she had shown to Dr. Wyllie, but he had said he was unable to do anything for her, but he sent the (bill in just the same. (Laughter). Witness only prevented Mrs Shortt from getting through the fence. She never beat or hit her. To Air. Rodgers: She.supplied free milk to the Shortts from 18th October to 17th January. (Afore gasps from the gallery). She had suggested to the Shortts that they should get the milk themselves on the latter date as the school holidays were on. To Air. Berg in: The struggle occurred about 8 feet from the fence. She had no objection to anyone crossing the paddock provided they used the gate. Was not looking for trouble with Shortts. Mr. Bergin then read , a letter written to. Air. Hartley, of Afanawatu Heads, on June 7th, iu which Airs Aston referred to Shortt in uncomplimentary terms. Witness: And so he is. If they , would leave me alone T would leave them alone. You don’t know how refreshing it has been for me since this donnybrook.

Witness further stated, that Airs Shortt could have gone away at any time she liked, unmolested, through, the gate. ■ The S.M.: Airs Shortt persisted in an endeavour to get through the fence and Airs Aston tried to assist her back. It seems that both sides were at fault. If Airs Shortt had not been so insistent she would not have been assaulted three times. Airs Aston was putting up a fence. She could not have known that a ring would come through for Airs Shortt. She.knew nothing of Levy’s arrangement with Shortts and when she had a fence up, there was no reason why Airs Shortt should insist on going through it when there was a gate. Witness: I don’t object to anyone going through the paddock, but I won’t have my fences broken down. The S.AI. remarked that if a person had the sole grazing rights he supposed that, that person had the right to stop trespass. When Shortt arrived he endeavoured to get his wife through the fence. WITNESS WITH LAPSE OF MEMORY. Hans ■ Peter Jakobsen, labourer of Foxton, was then placed in the box, but his evidence was suddenly curtailed. Counsel for Afrs Aston asked Jakobsen to tell the court what he knew of the. plot to rid the beach of Airs Aston ... and he blandly remarked that, lie did not know anything of it. Further questioned as to the shooting of some fowls, he said he didn’t know anything of that either, so he was promptly dismissed.

The S.AI. said that the! cases had arisen from misunderstandings on both sides. Neither party knew of Levy’s permission granted to the other. Airs Aston, however, with sole right to graze on the section was entitled as occupier, to prevent trespass and if a trespasser did not go freely, to use force. Mrs Shortt persisted in an attempt to pass through the fence and Shortt tried to assist her through. Afrs Aston had some, justification in preventing Airs Shortt and if Shortt interfered he would have to take all that was coming to him. The whole trouble, arose out of a misunderstanding and if Airs Aston was willing' to allow the Shortts to cross the paddock if they used the gate, there need be no more trouble. If not Levy could cancel his arrangement ivith her. As far as the actual assault \\ r as concerned he did not think it called for a conviction. • Airs Aston had the law on her side to a certain extent and apparently she had got her money’s worth: out of it. In dismissing all the cases the S.AI. said that it was a great pity that the- beach residents could not live more amicably together. The start of the trouble had undoubtedly been in the coAvbell. !Alrs Aston Avas a person avlio stood on her rights blit she was inclined, to rub people up the Avrong Avay. Had she been.-more diplomatic the trouble would possibly never have occurred.