MAGISTRATE’S COURT.

Manawatu Standard, Volume LV, Issue 88, 12 March 1935, Page 10

MAGISTRATE’S COURT.

CHARGE DISMISSED. A case which occupied the attention of the Magistrate’s Court for a lengthy period yesterday was one wherein Thomas Young, farmer, of Fitzherbert West, proceeded against Bertie McEwen Galloway, a sharemilker on complainant’s property, seeking to have defendant bound over to keep ■ the peace in consequence, of an alleged assault on February 22 and in the fear that defendant would do him further bodily harm. Mr J. L. Stout, S.M., was on the Bench. Mr A. M. Ongley appeared for plaintiff and Mr J.'Grant for defendant.

Plaintiff gave evidence that there had been a lot of trouble between him and defendant in the last ..three months. On one occasion, when witness had fold him to keep quiet he had swung a set of milking machine suction cups at him and hit witness on the chin, cutting him. On another occasion withness had been struck with a section of board and “called more names in one minute than he had heard in his life before.On that occasion defendant had said he “would do for” witness and had made a similar statement later. Witness' was afraid of him, not personally, but on account of his (witness’s) wife. Cross-examined by Mr Grant, witness said he had not made a pest of himself. Later Senior-Detective Quirke had told him to keep away from the milking shed. On February 22, defendant had been within about 50 yards of witness and had threatened him. Witness said he had put some red paint on the pigs, but he denied that he had smeared it all over the pigs. Re-examined by Mr Ongley. witness said he thought' that defendant was going “to clear out” and he thought that the pigs might go too, so he marked them. Florence Young, wife of plaintiff, stated in evidence that matters had been unsatisfactory for some time past. Defendant had struck her over the face with his felt hat in one instance and had then spat in her face. She was afraid that defendant would seriously injure her husband. The trouble was affecting her nerves. William Knowles gave evidence that he had called at the farm one morning when he had found Mr Young with his chin bleeding. The latter had informed him that he had been struck on the chin with the teat cups by defendant. Counsel for the defence submitted that from the evidence tendered there was no case to answer, but the Magistrate deemed it necessary to hear the evidence in rebuttal. Senior-Detective Quirke gave evidence of having called at the farm to enquire into an alleged assault. Mrs Young was in a very excited condition and he had had to tell her to go away or lie would walk off the place. He had told complainant that he had better keep out of the milking shed. He was of. the opinion that the fault lay with complainant who, even if he did not talk loudly, was apt to talk at length. Defendant was a hard-work-ing man. Young had made accusations as to stock disappearing on occasion only to find later that he had been in error. To Mr Onley, witness stated that complainant had informed him that he had tied up ■ the milking engine with the string to make it go properly. He was not aware that the engine was complainant’s or that the lease was between him and defendant. Complainant had called at the Police Station on occasions to lay charges, only to withdraw them later. Witness had never received any complaints relative to complainant’s character. Defendant gave evidence that prior to Mr Quirke calling at the farm complainant had made a practice of coming into the milking shed at milking time and altering the speed of the engine. Defendant stated that oil the occasion when complainant iiad sustained the scratch on Ins clnn it had been purely his own fault having got too close when defendant was transferring the teat cups. He had been on the farm since August 7 and had always carried out the work although matters would be considerably better provided complainant did not interfere. „ „ The evidence of Mrs Gadoway nas not taken, the Magistrate stating that h 3 would not grant complaint s request, adding that the agreement had to be carried out. Defendant was the man to look after the engine arm Young .should keep out of the milking shed. There had, perforce, to be a certain amount of give and take on both sides and he did not consider it a case for the binding over of defendant. ! Both complainant and his wife endeavoured to address the Court, but the Magistrate ordered them to leave the room.