RANGER’S UNPOPULAR DUTIES

Manawatu Times, Volume LII, Issue 3615, 16 September 1927, Page 3

RANGER’S UNPOPULAR DUTIES

But Musi be Protected MAORI FINED FOR ASSAULT HALOOMBE INCIDENT. “ Rangers have unpopular duties to perform, but that is no reason why people whose stock arc found wandering on high highways or committing broaches of by-laws and are impounded should bo allowed to take it out of the hide of the ranger,” commented Mr. J. L. Stout, S.M., when fining a Maori £lO for assaulting a ranger in the Fcilding Magistrate’s Court yesterday. On the private information of George Edward Smith, of Halcombc, ranger for the Oroua County Council, Nuku Williams, a youthful native residing at Kakariki, was charged with assaulting complainant so’as to cause him actual bodiiy harm. In a counter-action the defendant charged Smith with common assault and also with illegally impounding defendant’s horse. Mr. D'. C. Cullinanc, who appeared for complainant, asked permtSstfU to amend thc’| charge to one of common assault. In dealing with the application, His Worship doubted the power of the Court to reduce the charge. He noticed that the offence took place on August 19 and was adjourned to suit the convenience of complainant and two days before the Court sat, the counter-ac-tions were lodged. Some explanation appeared necessary. Mr. Culliuane said that he had only recently been instructed and after going into tho evidenco he was satisfied that the minor count met the case.

Mr. A. M. Onglcy, who represented the defendant, explained that ho had only just received his instructions and this was responsible for the delay in filing the counter-actions., His Worship pointed out that had the case proceeded when first before tho Court defendant might not have had the opportunity of proceeding with his counter-actions. ( The delay appeared unwarranted. After further discussion the Court granted permission for the withdrawal of the major information and a fresh information was thereupon prepared and the case proceeded. Dr. Phillips said that on August 20 complainant visited his surgery complaining of severe pains. An examination revealed a broken rib and several bruises about the side of the body. Tho complainant said that on tho day of the assault he saw defendant’s horse tethered to a fence in a side street at Halcombc at 9.30 a.m. It w r as still there at 1.30 p.m. and in view of complaints about fences being damaged by reason of stock being tethered to them, he took the horse to the old pound paddock and locked the gate. Half-au : hour later lie saw the defendant riding the horse back to town. He went after him and told him he had no business to interfere with tho paddock. Williams laughed and refused to give his name and both proceeded on their horses to the, spot where Williams’ horse had been tethered. Williams said that he would tie his horse up all day and witness replied that if he did he would be prosecuted. With that Williams caught witness by the collar and forced him off his horse on to the ground. Williams then got off, punching Smith on the head and kicking him in the side. After this Williams rode off and witness called to a local J.P. who advised him to notify the police. When witn> ;s got up he saw a man named Tallkc standing near the store waving his arms and calling out. Witness related how he visited the doctor, that he was 59 years of age and was in ’•cceipt of a war pension. There was no heated argument or any strong language. The assault was quite unexpected. To Mr. Onglcy: The place where tho horse was tethered was a road. The nearest pound was at Fcilding, but he generally put stock in Hie Old Halcombc pound and charged the owners the 9s driving fee. By putting the stock in this paddock ho saved the owners the trouble of going all the way to Fcilding for their stock. Williams did not gal-lop-or try to get away. They cantered along together. He fell on all fours and while he was tjiwn'Williams struck and kicked him. The police took a statement from witness, but did uot proceed further as he had already issued the infer, ration.

Rufus Tallkc, labourer, said bo saw Smith lying on the ground and saw the Maori jump off his horse. As the Maori jumped from his horse, ‘'mith's horse swerved and witness could not see what happened. The horses were standing perfectly still when he saw Smith fall face downwards. He had previously seen Smith take a horse to (he pound, but did not see the alleged assault.

To Mr. Onglcy: Smith fell on his face and the Maori dismounted as Smith fell, landing on his feet. He could not see what happened after, but it all took place in about a minute. For the defence, Mr. Onglcy presumed that the Court was taking the

three charges together and submitted that as there was no pound at Halcombo defendant’s horse had been illegally impended. It was uot breach of the by-law to tether a horse provided it was not tethered for grazing.

His Worship remarked that even if there was a technical offence it was hardly a ease for a penalty. Smith had been following a custom which was really a convenience to settlers. If the procedure is wrong then the County Council would no doubt take steps to clear the position up. The defendant, who gave his age as 19 years, said that he had been, in tho habit of tethering his horse at the same spot whilst he went to Fcilding by train. When ho found his horse gone he went to the paddock and re-claimed it. Whilst riding away he heard someone galloping behind him so he galloped away. The ranger tried to stop him and used his whip on defendant’s legs. He then endeavoured to take hold ofo defendant’s reins to stop his horse and as ho did so defendant’s horse played up, causing Smith to fall to tho ground and defendant fell on top of him. Both remounted and rode away. He did uot punch or kick Smith nor did the ranger ask him for his name.

To Mr. Cullinanc: Nothing was said as they rode along together. The ranger just caught the reins as they neared the store. They were galloping at the time. He did not say anything when Smith hit him with the whip. Tallkc’s evidence as to tho attitude of Smith and defendant and as to the horses standing perfectly still was incorrect.

To the Bench: When defendant fell he landed on his knees and just touched Smith.

Ray L. Harding, Oroua County clerk, said that when tho Halcombc Town Board was absorbed into the County, tho position of pound-keeper was allowed to lapse. The County owned tnc old pound paddock. To Mr. Cullinanc: The paddock was used as a holding paddock by the ranger. It was the practice to place stock in this paddock and to advise those concerned. There had never been any public notice abolishing tho pound at Halcombc. The place where the horse was found was a dedicated road. Ada McHugh, who lived near the pound paddock, said she saw the ranger and the Maori galloping together. It looked .as though tho ranger was trying to pull the Maori off his horse. She thought there w-as going to bo a light bo ran inside to get her hat and coat on so as to see the fun. (Laughter.) When she came out she saw Smith getting up from the ground and the Maori standing by.

To Mr. Cullinanc: She did not sco any whip and had the Maori been struck with a whip she must have^seen

This concluded the hearing and Mr. Cullinanc quoted authorities iu support of his contention that there had no illegal impounding. Mr. Onglcy claimed that the impounding had been illegal as no entry had been made in the pound book.

Mr. Stout dismissed - the action for illegal impounding as trivial and did not think there was sufficient evidence to sustain the charge against Smith of assaulting Williams with a whip. Them was a ssuggestion about a whij), but Mrs. McHugh did not sec any whip. As to the alleged assault on tho rangci there appeared to be no doubt that ho had suffered injuries. The doctor said there was no doubt as to a rib being broken and there was not sufficient evidence before tho Court that the nature of the ground would be responsible foi an injury of the kind. The evidence of Tallkc was clear that the Maft/i landed on his feet while Smith fell face downwards. There must have been something to account for that and it seemed that., the ranger could not have made up the story about asking Williams for his name and threatening to report 1 i to the Council. This appeared to Mr. Stout as the reason for the Maori turning on the ranger. It would be a reasonable thing for the ranger to say: “ If you tether your horse there again I will report you to the Council.” “ 1 think there is sufficient evidence to hold that Smith -was assaulted. If it had not been for the youth of defendant 1 would have considered a term of imprisonment. Rangers have unpopular duties to perform, but that is no reason -why people, w-hosc stock have been found wandering on highways or committing breaches of by-Haw-s and arc impounded, should bo allowed to take it out of the hide of tho ranger. Fined £l9 and costs.”