THEFT AND ASSAULT.

Manawatu Times, Volume XLIII, Issue 14198, 25 August 1919, Page 4

THEFT AND ASSAULT.

The Hiuaataagi Case. HEAVY PINES INFLICTED. At the Foxtnn Magistrate’s Court on Friday before Mr J. L. Stout, S.M., the sequel to the recent theft of vegetables and assault on two Chinamen was heard, when Bertram Spelman was charged with, on August II (1) stealing cauliflowers to the value of 5/, the property of Chung Wall, and (2) with assaulting Fong Tin, by striking him on the head with a stone, and Charles Sexton was similarly charged in respect to the theft of vegetables, and also with assaulting Gee Kong by striking him on the body with stones. Both the accused persons were represented by Mr H. E. Cooper, and pleas of guilty were entered on the charges of theft, but not guilty to the assault charges. Fong Tin. in the course of his evidence, stated he and Gee Kong saw two men who had driven up in a gig, enter the garden and commence breaking off some When witness and his mate approached they ran away, but were caught by witness as they got through the fence and witness asked for their names as well as questioning them as to the vegetables. Witness had a pitchfork in his hand and Sexton unsuccessfully tried to get this from witness so picked up a stone and threw it at witness, hitting him on the head. Witness fell to the ground but got up in a few minutes and drove the gig to his home. While so doing ho was again struck on the head by a stone. Gee Kong kept the two men at bay with the pitchfork. Cross-examined by Mr Cooper, witness denied stabbing one of the men with the fork nor did he attempt to do so. He did not know he was doing wrong in taking possession of the gig but that was the only way he could get their natures. Geo Kong was also struck with a stone. It was not a fact that witness was thrown to the ground. Medical evidence was called as to the state of witness’ condition as a result of being struck with the stone. Fong Tin’s evidence was corroborated by Gee Kong and he also stated he (witness) had been twice struck by stones. Constable Wood stated the accused persons admitted to him that they had stolen the vegetables, and Spelman admitted knocking Fong Tin down because he was preventing them from getting into the gig. Sexton accused the Chinaman of stabbing him with _ the pitchfork, but the latter denied this. For the defence it was stated the theft was frankly admitted but thoj would not have assaulted the Chinamen if Sexton had not been stabbed with the fork. Spelman had caught hold of the Chinaman and thrown him down to prevent him from getting the gig, thus the wound in his head. As far as the theft was concerned, it was done out of sheer “devilment,” as they had been “chaffing” each other as to who was 1 ‘ game ” to go into the garden and get some cauliflowers. The accused woro’oacu convicted and fmed £lO on the charge of theft and for assault fines of £5 were inflicted, with c*sts £1 6/8 each. ANOTHER THEFT; James Robertson w-as also charged with the theft of cauliflowers from the same gardens on August 7th. Defendant, a railway employee, was represented by Mr Cooper, who called his wife and other witnesses to prove an alibi. The Chinamen swore that they vrero on the watch and caught Robertson. The Magistrate said there was no reason why the Chinamen should swear falsely. When they caught him, they immediately recognised him and spoke to him by name. ‘A fine of £lO was inflicted and Mr Cooper said he had been instructed by his client to lodge an appeal against the Magistrate’s decision and asked that the amount of security for appeal be fixed. The Magistrate fixed the amount at £25.