NOMINAL FINE.

Manawatu Standard, Volume XLIX, Issue 230, 28 August 1929, Page 8

NOMINAL FINE.

ASSAULT CASE. HEARING AT FEILDING. (Special to “Standard.”) FEILDING, Aug. 28. The case in which Samuel bcrachan, farmer, of Apiti, was charged with assaulting Robert V. Stewart at a dance ao Apiti, on the night of July 23 last, was concluded at the Magistrate’s Court, Feilding, yesterday afternoon. Mr R. M. Matson, S.M., was on the bench. Sergeant Calull conducted the case for the prosecution and Mr Cooper appeared lor defendant. Tho evidence for the prosecution appeared in yesterday's issue of the •'Standard.” For the defence Mr Cooper submitted that the whole trouble was due to complainant’s excitable nature. He was a highly respected and likeable farmer, of Apiti, and had always previously lived on friendly terms with defendant. Counsel briefly referred to the evidence for the prosecution and claimed that, if defendant had struck complainant, it would not have been out of the way in view of the objectionable name, it was alleged, he had been called by complainant. Samuel Strachan, the defendant, stated that he was chairman of the Pohangina County Council, chairman of directors of tne Apiti Dairy Coy. and president and vice-president of many other organisations, including the Apiti Girls' Hockey Club, which gave a dance on the night of July 23. On that night he had not had any drink and had danced practically every dance. Complainant was a good neighbour and earlier in the evening lie had had a chat with him. Later, complainant came to the dressing room at the hall complaining that Siddells had put all the “boys” against him. A heated argument had ensued, voices were raised, and language was used, so witness went into the cloak room to correct complainant’s remarks about Siddells. It was then that complainant used the words complained of. Witness caught him by the coat and told him not to call him (witness) by such names. Complainant repeated tho name and witness pushed him against the wall. That was the only time he had assaulted complainant and immediately afterwards he spoke to him about Ills behaviour on the evening, and also his action in signing a nomination paper for the county council election, and then not voting for the candidate he had nominated. Complainant’s brother then entered the room and asked what the row was about, and witness informed him. Witness also explained his interview with Constable Fergusson and stated that he had said he could “hardly deny it” when Fergusson had said that pushing a man constituted an assault. Witness apologised to com : plainant at the meeting of the Apiti Dairy Coy. arid complainant said: “Well, it’s all over anyway.” To Sergeant Cahill, witness was sure he had had no liquor on that day. He had assaulted complainant 15 years ago and he also remembered having been convicted of assaulting a man named Hills. It was not correct for complainant to say that he had been knocked down by the force of the blows. Neither was it true for complainant’s brother to say that he had seen witness deliberately strike complainant. Witness denied having had any “spots” that night . The Magistrate said that the words used by Stewart would stir any man to wrath, but there was no evidence that Strachan was in danger of an assault when he hit Stewart. The latter was not altogether free from blame, but an assault had been committed and defendant would bo fined £1 with costs.