MOTUEKA

Nelson Evening Mail, Volume LXI, 11 October 1928, Page 6

MOTUEKA

MAGISTRATE'S COURT CIVIL AMI) OTHER BUSINESS The monthly .sitting of the Motucka Magistrate's Court was held on Tuesday, Mr T. E. Maunsell, S.M., being on the bench. CLAM FOR DAMAGES The adjourned case, in which Donald Simpson (Mr Smith") claimed £22 damages from Dean Wallis McGaveslon (Mr Nicholson), came forward for hearing. The statement of claim was* as follows: (1) That the plaintiff and the defendant are owners and occupiers of adjoining properties in the borough of Motueka; (2) that on the 15th day of January, 1928, a draught stallion,'owned by the defendant, while depasturing in defendant's paddock, adjoining plaintiff's property, trespassed on plaintiffs land and attacked and injured a horse belonging to the plaintiff; (3) that as a result of injuries inflicted by defendant's stallion, plaintiff was deprived of the use of the horse for a period of 28 weeks, during which it was under treatment; and the! horse had to be destroyed on the 29th July; (4) the plaintiff therefore claims to recover from defendant the sum of £22 damages (value of horse £ls, 28 weeks at ss, £7), or in the alternative the plaintiff repeats the allegations contained in paragraphs 1,2 and 3, and claims to recover from the defendant the sum of £22 as damages for trespass. After hearing lengthy evidence by defendant and C .N. Batchelor, J. A. McGlashen and Jas. King, the Magistrate, while delivering judgment in favour of plaintiff, stated that he considered the claim excessive; and, under the circumstances, would award plaintiff a. total of £8 10s) horse £7, medical treatment £1 10s), and costs. Costs amounted to £6 2s, made up as follows:—Court costs £1 19s, solicitors' fee £2 Is, witnesses £2 2s. AFFILIATION ORDER In an affiliation case against Felix M. Green, of Nelson, the Magistrate made an order for 10s per week to date from the 17th July, 3928, Costs, including niaternity and other expenses, amounted to £3B 5s 2d, and solicitors' fees totalled £2 2s. A payment of £lO was ordered to be made on or before 20th October, 1928,- and. thereafter; for maintenance £5 per month, beginning on the 20th November next. ALLEGED ASSAULT Massad Barakat of Riwaka (Mr W. C. Harley) brought an action for the alleged assault of his son Fuad against Joe Abraham, of Nelson (Mr S. G. Smith), arid sought the protection of the Court for himself and family. The information set out that at Riwaka on Bth September, defendant did commit assault, by intentionally applying force directly to the person of one Fuad Barakat; thereby committing an indictable offence; and the complainant, on oath, further stated that the said Joe Abraham without cause assaulted Wadih Barakat, another son of the complainant and threatened to kill the'complainant. Mr Harley in opening his gase stated that the' informant Massad Barakat had married Abraham's sister. A family grievance apparently existed, and Fuad, a son of the, informant, as he would state in evidence, was assaulted on the Bth September by Abraham. Fuad Barakat stated that at his father's residence, on the day in question, he went to the gate for the mail bag. He saw what he took to bo Abraham's van about 30 yards down the road. Standing by some lemon trees he (witness) had commenced to read a letter, when he received a knock on the back of the neck, and, on turning round, received a' blow on the nose. He became semi-conscious but recognised his assailant to be Joe Abraham, who kept him on the ground, holding him by the hair, with one hand, and trying to* pull out his tongue with the other. When his Aunt Sada came to the rescue Abraham ran away. Reference was made to an alleged assault on his brother Wadih, by Abraham at Barakat's shop in Nelson about twelve ! months ago. Abraham visited the shop, in connection with the attitude of Fuad towards a girl at one time in Barakat's employ. Witness admitted being present on this occasion and stated that Abraham had attempted to choke his brother, Wadih, and he (Fuad) had smacked Abraham's face. A. R. Green, medical practitioner,

Motueka, said ho had visited Fuad Barakat at Riwaka on oth September. Them was blood on his face and a swelling on the loft, side of the jaw, and contusion on the back of-Hie head. The. injuries were in keeping with the statement made hy l-'uatl. . Sada Barakat, through an interpreter, Mr .Stephens, corroborated Fluid's evidence. Lewis Geo. Francois stilted that Fuad and Miss Barakat came to his house on the Bth September, and by their request he sent for Dr. Green. 'He saVv Abraham's van go down the road. Ray Harrow, employed by Massad Barakat. gave evidence concerning narks he had seen on ploughed ground inside (ho gate. Wadih Barakat alleged that twelve months ago Abraham called at the shop on two occasions, on the second visit assaulting him. A. h. Conn oil, employed at Barakat's shop. Nelson, staled thai, Abraham had told her cm several occasions that lie intended to have it out with the Barakats. Massiid Barakat affirmed that Abraham had once made the statement that he did not think he would leave Barakat alive too long. He felt that Abraham would do him and his, famjly harm. DEFENDANT'S EVIDENCE Joe Abraham stated that he was a licensed hawker, and had been in New .Zealand 27 years. His sister had married Massad Barakat. Witness went to Barakat's shop some time ago'regarding threats by Fuad to a girl in witness's employ. He was struck on the back by Wadih and on the chin by Fuad. On Bth September he came from Taknkn with his van. Fuad called to him from the verandah of his house in Riwaka and signalled him to stop. Fuad came through the hop garden, told him to get down, and said "I am going to kill you." Witness retaliated, hitting Fuad several times on the face. He did not go inside the gate; and had not threatened the Barakat family at any time. Mary Ann Abraham "stated that about twelve months ago she saw her husband outside then- residence in Nelson, Fuad following Him. Her husband's tie was torn and his face scratched. Fuad wanted to fight him. The Magistrate, in summing up the case, said that there were gaps in the evidence on both but there were evidently grains of truth as well. The motive advanced for the assault was something which took place some twelve months ago. There was no doubt that Fuad had been knocked about.

. Defendant was ordered to enter into a bond of £25 to keep the peace towards informant and his family, for one year conditionally on Fuad Barakat. entering* into a similar recognisance towards the defendant. This was agreed to.