MAGISTRATE'S COURT.

North Otago Times, Volume CVI, Issue 14134, 30 May 1918, Page 2

MAGISTRATE'S COURT.

WEDNESDAY, MAY 2'J. I -''■■-I . '' . ;..j (Before Mr J, E,•Bartholomew, S.M.) '•' . ■ ' - Alleged Assault at Eoidston. ; . The police proceeded against Thomas' Jackman, Ecidston, on the grounds that at Teßchemakers on May Kith he did unlawfully assault oue Mary Hcrdman. Mr 11 W. Ongley appeared for the defendant, and pleaded not guilty. Sergeant Stagpoole "stated tlio case for the police,' and called' • Mary Hcrdman, who said that on the afternoon of May 16th she Went to j Mrs Grey's paddock to take her-cows' home for milking. Jackman was in his own paddock, which adjoined, and as Bhe drove her cow from the fence and turned her back lie hit her between the shoulders with a clod. She turned round and told him he had better mind what he was doing, but he threw another clod. She went away, anil, meeting Mrs Grey, asked her to come along the road with her. As they came along the road, Jackman came across to the road, used obscene language, threw her down, and kicked, her on/the back. When she got up he kicked amfpunched hor. She had no idea'as to the reason for the assault; the only trouble she had had with the Jackmans was when Mrs Jackman, defendant's wife, accused her of stealing her brown Leghorn chickens. Cross-examined by Mr Ongley, she paid that nothing was said by Jackman, nor did she say anything to him until the clod struck her. It was'several months since the trouble over the chickens, She could name people in Roidstou with whom she had not had trouble, and she was not known as tho bully of Ecidston, She admitted being in Court in connection with assaults, though several times against her wish. Elizabeth Grey, of, Ecidston, said

that she had been residing there for twelve months. She lived about 100 yards from Jackman's, and' Mrs Herdman was grazing cows in her paddock. Mrs Hcrdman had to pass his place to reach the paddock. She asked her lo go down the road a little way with her, as Jackman had -assaulted her in the paddock. She went down the ro:uV about half-way to Jackman's place, and Mrs Hcrdmau went on by hers?!!'. Jackman came out of his place and swore and assaulted Mrs Hcrdman. He knocked her down throe times, and was swearing 'all the time. She could do nothing to help Mrs Hcrdman.

Constable Vaughan gave evidence. that he had gone to Reidslun in response to a complaint from Mrs Herdman. He had interviewed Thomas Jackman, who had admitted knocking her down, but stated that she threw stones at him, and was always abusing j his wife as she passed his place ' -Thomas Jackman, woolclasser, of Tcsehemakcrs, said that he had resided there for forty-live years, during which lid had never had any trouble with his neighbours. On the day in question lie was harrowing a small paddock adjoining Mrs Grey's paddock. He put the couch iu pursuance of tho usual custom, round the fence, and Mrs Hcrdman ''s cows were pulling it through the fence and eating it. She swore at him, and accused him of poisoning her cows. She threw some couch at him, which he threw back, and then, seeing that trouble was likely, he unyoked his horse and left, On his way home, which was half a mile from his paddock, he passed Mrs Herdman and Mrs Grey. 'He was unharnessing his horses in front of his house, when Mrs Herdmau canu- along with her cows, She used bad language, and invited hint lo "come-on," and she would sec what he was made of. She threw a stone, 'which she had in her which he caught in hi? hand. He pushed her over, and told her that every time she picked up a stone he would repeat it. Ho- gave her every opportunity to get away, but she would not go. He denied using the language referred to by Mrs Herdman, and did not interfere with her beyond preventing her from throwing stones. Annie Jackman, wife of defendant, said- that she remembered the 16th inat. When her husband same home he told her that there had been a disturbance with Mra Herdman. Mrs Herdman came up the road and interfered with her husband, She threw the stone, Which he caught, and then pushed her over. This was repeated three times, and then Mrs Herdman threw another Btoue and ran away.

■ Jessie daughter-in-law o: tho defendant, gave corroborative ovi deuce.

[ Allan 6Tark, v farmcr, of Maheno, sail that ho had resided in Maheno foi thirty years, and had known Air Jack man as a law-abiding and peaceful citi zen.

John Scatter (Maheno) and P. Macaulay (Totara) both stated Jackman to be, as far as they knew, a very respectable man.

Mrs Maloney, a neighbour, said she had always found Jackman a very inoffensive and obliging neighbour,

Dr Whittou said that Mrs' Hcrdman Visited him, and he examined her and found on tho left side of li-.*r back a

bruise about one inch in diameter, on the left breast a similar bruise, on the inner surface of the left forearm two scratches, and on the left hip several pimples, which Mrs Hcrdman said had been caused by barbed wire. She complained of being stiff and sore. ' In summing up, His Worship said that while there was undoubtedly some provocation, Jackman had been unnecessarily violent, He was loth to believe that a man with his previous good character, would assault a woman in the manner stated in Mrs Herdman ! s evidence. It seemed that the truth lay about midway between the two versions of the assault. Defendant was fined £5 and costs [Si His 8d).