DISPUTE OVER RUBBISH.

New Zealand Herald, Volume LXVI, Issue 20366, 21 September 1929, Page 14

DISPUTE OVER RUBBISH.

CONFLICT OF EVIDENCE.

ASSAULT CHARGE DISMISSED.

A dispute between neighbours over tho disposal of a sack of rubbish led to tho appearance in the Police Court yesterday of James O'Sullivan, who was charged with assaulting Nancy Cormack. Mr. Schram entered a plea of not guilCy on behalf of accused.

The complainant said sho had seen rubbish in a sack left at her gate. She took it back to O'Sullivan's place, and when sho was emptying tho sack he rushed out and hit her. "Ho ran at me, kicked me twice, smacked my faco, pushed mo and sent my Hying," said witness. " I was thrown to tho ground and a noighbour and someono else came to my assistance." Evidence that they had seen O'Sullivan kick complainant was given by a number of witnesses. . , Mr. Schram said tho defence was a complete denial. Complainant had been warned to leavo the premises, bflt she "went for" O'Sullivan, who took her by the shoulders and pushed her away, using no more force than was necessary. O'Sullivan denied that tho rubbish left outside complainant's gato was his. Complainant had scratched ,-his faco, torn his shirt and cardigan and kicked him, so he pushed her out. She had fallen down, but ho denied having kicked her.

Tho magistrate, Mr. F. K. Hunt ; said that in view of tho conflicting evidence he would dismiss tlio charge.