TROUBLE AT WHENUAPAI

New Zealand Herald, Volume LXI, Issue 18678, 7 April 1924, Page 7

TROUBLE AT WHENUAPAI

ASSAULT CHARGE DISMISSED.

FEUD BETWEEN STOREKEEPERS.

A sequel to a feud of long-standing took place in the Magistrate's Court before Mr. E. C. Cutten, SJML, when R. J". Cal taux (Mr. Singer), a storekeeper, of Whenuapai, was < charged, on information, with having assaulted Theophijus Wake (Mr. Tong). Mr. Ton# said that informant, who was a man of long-standing in Whenuapai, wished defendant to be bound over to keep the peace, in addition to being dealt with for the assault alleged. Defendant went to Whecuapai in August, . 1922, and had now two stores. There had been illfeeling between Caltaux and Wake practically from their first meeting, culminating on March 14 last in the trouble now betore the Court, t" • - Theophilus Wake, slated that he was driving in a lorry along the road past defendant's store with five men who were depositing , posts. When . opposite the store he heard loud voices ana pulled up. Caltaux came out nijd told witness to get off his property. Wake remonstrated, but was preparing to drive on when Cal taux struck him on the hip with- a spade. Witness declined defendant's invitation to "come round the back and fight it out." On the following day, on Whenuapai wharf, defendant threatened to throw him into the water if he returned to Whenuapai. As a' result witness had only been able to return to his home by stealth. ; Cross-examined, informant said he himself was a peaceful man if left alone. He had been bound over to keep the peace to several men in- connection with' this occurrence. • Mr. Singer: Have you ever locked tip Caltaux's little boy?— Yes, for stealing mv loganberries* *Tira Franks, a Maori girl, aged 15, whose evidence was interspersed with laughter, said she saw defendant nit Wake with a spade. James Robins, a farmer, of Whenuapai, who was with Wake, gave details of the argument outside defendant's store, and of the incident on the wharf. It was stated for the defence that Wake was a menace to the whole neighbourhood. He quarrelled with most of'the residents of Whenuapai and. was not popular. Defendant gave evidence to the , effect that in pulling up his lorry Wake drove his horses >under the verandah of ; defendant's shop. In reply to Mr. Tong, defendant said he approached Wake >on the wharf because he was storing at him and passing remarks. Other vritnesses for the defence deposed as to informant's bearing toward defendant.

Mr- Gotten, in dismissing the information -with costs against informant, said he was not satisfied an assault had been committed, bat even if informant had been assaulted by Caltaux. the former was largely responsible for driving too near the latter'a store.