WHACKED BY A HEAVYWEIGHT

NZ Truth, Issue 943, 22 December 1923, Page 7

WHACKED BY A HEAVYWEIGHT

Councillor's Tooth Knocked

Out

"Root and All."

(From "Truth's" Hamilton Rep.)

Since Edward Joseph Darby became a member of the Matamata County Council In May last, there has scarcely been a peaceful meeting. -It is, m fact, Mr. Darby's boast that his presence on the Council has had the effect of m*""*king councillors miss the usual train by Which they travelled to their homes from the meetings, owing- to the prolonged discussions which he has usually initiated. These discussions have for the most part been of an acrimonious nature "and re--cently, "as a result of one, Mr. Darby lost a tooth, suffered a cut lip and had certain- damage done to hia proboscis,

Mr. Darby "Is described as the Btcrmy petrel of the Council, and, on taking his seat, made no secret of the fact that he was going "to clean things Up." Whether there was anything to clean up or" not' is another matter. At the second-" meeting at which he eat, the chairman, James Anderson, and Councillor Charles Stopf ord, ■&■ man of gigantic • proportions, whose avoirdupois. ■'' '■ : ''" r '■'■" '"■■' -

APPROACHES. 20 STONE,

were supposed to have, reported on certain applications. sXor the position . of county .engineer, which they were in-" strutted to investigate. In the mean-, time, a report had appeared m one of the local papers, that a certain-appli-cant; had been -appointed to the -position. This was an excellent irregularity on which to start his cleaning-up campaign and Councillor Darby lost no time m voicing a strong protest against an appointment being made wlthput the authority of the whole

Council, while he wanted to know* how the. information* .came' be-.communi-cated to the Press.

Councillor Stopford. admitted that he gave out the information, and apologised to the Council for doing so, 'but said that when he mentioned the matter he had no intention that it should be published, Councillor Darby then moved a resolution of protest, which was carried, and it is said he refused to let the matter drop, but kept on harping on it, irritating Councillor Stopford into using threatening language. The mighty Stopford called Darby a "kid" and told him to sit down and later talked about giving him all he wanted when he got him outside. The meetings are held at the hillside village of Tirau, and it is tbe custom, at the luncheon. adjournment, for the councillors to dine at the local hotel. When Darby reached the hotel, some time after Stopford, he found the latter standing at ihe bar, and. according to his story, offered to shake hands, but the latter, Instead of taking the proffered "dook," hauled off and hit him A BLOW IN THE FACE with his clenched fist, knocking out one of his teeth, splitting his Up and damaging his nasal organ. He did not retaliate, but, instead, laid an information to the police and then proceeded against Stopford m the Supreme Court, claiming £200 for assault. The police Initiated a prosecution against Stopford for, causing a • breach* of;. the peace, but the hearing of the case was adjourned pending the result; of the civil action. '"■'. ]„ This was heard m the Hamilton Supreme \Court last week, and created a Jot of Interest, as both parties-are well known. Mr. Darby, who is somewhat locquaclous and of breezy manner, Is familiar, to most people through-

out the province, by. name if not m person, on account of the part he hae played m pushing on the Arapunl hvdro-electrlc scheme, alongside of which site ho carries on farming operations. Councillor Stopford's powerful physique and resonant voice are also well known. He is chairman of the Te Poi Dairy Company. Por Mr. Darby ( "Lawyer McVeagh acted and for defendant Lawyer H. F. Leary appeared. Plaintiff, m evidence, saJd that during the discuusion at the Council table. Stopford continually interrupted him, telling him to sit down and calling out "be quiet you kid." Lawyer Leary: But that Is only a term of endearment, sui*ely? — It depends'upon the intonation. Plaintiff added that Stopford remarked' that If Darby "would come outside he would get all he wanted." His Honor: And Darby didn't go outside. I suppose? (Laughter). At the luncheon adjournment, plaintiff continued, he went along to 'the hotel and there saw Stopford and other councillors partaking of liquid refreshment. Plaintiff went forward and offered his hand, but Stopford struck him m the face with his chenched fist, knocking a tooth out and damaging, his lip and nose. Stopford struck at him sevoral times but he (plaintiff) managed to keep his head out of reach, of the blows. He did not attempt to retaliate and later he had to have HIS LIP STITCHED. Thc doctor's fee cost a- guinea and It would cost over £6 to get a plate to carry a new tooth. In answer to Lawyer Leary, plalnttff said Stopford W»« a councillor of five or six years' standing, while the particular meeting m question was only the second he hud attended. And you thought you were going to run the whole show I suppose? — Oh, no; but I wanted to ace things done Stopford manfully admitted that he gave the information to the Pres« and rpolosiaed, did he not?— Admission doc.i not carry exculpation. And don't you think you should have displuyed the same manly spirit and havo accepted the apology? — I don't think so under the circumstances. After the apolopy you continued to heckle him V— No, the boot was on the other foot. And I suppose you continued the argument m the name unobtrusive and Millet manner In which you have spoken of this matter In Court? < I, ■_ uvhtor.) — I waa on the lloor and lnMixted on retaining tho floor while I hod It. Stopford tried to shout me down, but I l*t him know and I lot thc chairman know, that whilst I was on my feet \ .THE FLOOR WAS MINE ! and that I 'Intended to. Insist on my I rights." . I kcc. you ruled the chairman with a rod of Iron. Wen* you Kolnji io the I >\\w (1:1 enteiintr »h«» hotel?— -Not m ten* I lionul'y.

I see, you were drifting there automatically as it were? (Laughter) — No, accidentally.

And Stopford, with ; several .other councillors, Was m the bar?— Darby (correcting counsel): ."Were" m the bar. . *

Mr. Leary (irritably) : Pardon me, "was" is grammatically correct. (Laughter).

Darby: All right, we won't argUe over the grammar.

If this is the kind of thing the council has to put up with, no wonder things happen there. And you said Stopford, at the meetihg, challenged you to come outside? — Yes, and he said I wo.uld get all I wanted.

S And you got all you wanted, didn't you, so what are you complaining about? (Laughter). Plaintiff denied that when Stopford -refused his proffered hand, that he (Darby) remarked, "Oh, well, if that is your dirty ,attitude" and added that he would be all right when he got his face washed. Were you knocked down by the hIOW?— No. i Asa matter of fact you were stimulated by it, .were you not? (Laughter). —No, But did you not walk to one side and take down some notes of the occurrence ?- — I don't require any stimulation to enable . me to do that. I did that as a matter of course. You must remember that for 27 years I was a sphoolmaster, and taking notes was no unusual occurrence for me. And I suppose you still THOUGHT YOU WERE AT SCHOOL when at the Council table and sought to treat the councillors like a lot of children? (Laughter). — I did nothing of the kind. I wanted them, however, to do things right. i And you were going to see that they diet things right? — Yes, as far as I could. ,* There were a lot of corners that wanted cleaning out. And when you took the notes, had you lost your tooth, or did you lose It later?— Witness (solemnly): I have never seen my tooth since,. Then perhaps, you swallowed it (laughter) m which case you must al-low-us credit' for it, or part of it at any rate". (Loud laughter). — Witness: Not even part of it, for I lost root and all." (Laughter). His Honor: Why didn't you accept the man's apology when he offered it and, also offered to pay all reasonable expenses? — The matter was m the 1 hands.- .of the police and I thought I could not accept it under the circumstances. Mr. Leary: Is it not a fact that you went about boasting that you would get Stopford removed from all his pubHe. positions? — No, but I said that it might be possible. Then the thought did cross your mind? — Not with any nnimoslty, !■■ Then perhaps Stopford did not | strike • you with, any animosity? | (Laughter). — No, but he did with con- } siderable force. (Renewed laughter). And have you not boasted that you would make Stopford pay?—- Yes, and I intend to, if I can. And have you not openly declared that you will get as much out of him as you can? — That is my intention. I take up the attitude that if a man strikes E. J, Darby for no reason, he must pay for the privilege. -And how do you assess your damages? . Lawyer McVeagh: That is a ridiculous question, your Honor. How can a man say how he assesses damages for assault? His Honor; It may be a ridiculous question, but it is hard to understand . how a man comes to claim & 200 for assault. Lawyer McVeagh: I would not LOSE A TOOTH FOR £200 and I don't think your Honor would, either. " His Honor: You might have hit him back. Darby: Yes, and become implicated In a public house brawl. Lawyer Leary: Is it not a fact that you are the stormy petrel of the Council? — I would not say that. There hasn't been a single peaceful meeting since you Joined, has there? — I wouldn't say that, either. There have certainly been some lively discussions. Some further evidence . was called, and at the conclusion his Honor remarked that while he was prepared to find that plaintiff was to blame for the whole episode, defendant nevertheless was not Justified m striking him. He therefore proposed to award small damages only, as plaintiff was shown by the evidence to be n bumptious, aggravating and tactless person. He had evidently been a schoolmaster for a long number of years and now treated the rest of mankind as a lot of school boys. He had made far too much of the case by bringing it to the Supreme Court. It was a matter that should have been settled by a Magistrate. Under the circumstances he would award plaintiff £1 damages and tho amount of the medical and dental expenses, £6 lis Gd. Costs would be as In the Magistrate's Court, 10/- and £1 8s solicitor's fee. Proceedlnrs at future meetings of the Council promise to be of an animated nature, for Darby has already written to the Auditor-General com-! plaining ot the manner In which certain accounts have been handled, and It Is understood that a special audit has been authorised.