A ROADSIDE ARGUMENT

Otago Daily Times, Issue 22114, 18 November 1933, Page 15

A ROADSIDE ARGUMENT

SOLICITOR AND FARMER ASSAULT CHARGE FOLLOWS (Peb United Press Association.) WELLINGTON, November 17. The charge of assault made by Robert Westley Bothamley, solicitor, against John Hugh Marshall, farmer, was heard to-day by Mr E. Page, S.M. Bothamley said he was chairman of the Makara County ; Council, the Makara County representative on the Hutt Valley Power Board, and a member of the Titahi Bay Progressive Association. On September 8 the Makara County Council gave permission to the Titahi Progressive Association to plant trees along the waterfront at Titahi Bay. The request for permission was opposed by the defendant and five others on the ground that the trees would prevent them seeing directly to the sea from their properties. After permission was given, Marshall telephoned witness and called him a worm, a crawler, and numerous other names, and said he intended to pull his nose and also threatened to turn his sheep on to witness’s land. Witness replied that he would have Marshall bound over to keep the peace. Witness went on to eay that when driving his car he met Marshall with a mob of sheep. He went slowly through and the car stalled a few yards past Marshall. He put his head out of the window, and called to Marshall, “ Come here,” thinking it would be a good opportunity to talk the matter over with him. Marshall strode up to the car ynd started to punch at witness through the window, but only grazed witness’s arm. They were half-hearted sort of punches. Witness got out aud said, “ Don’t forget, you called me a worm." Marshall replied: “So you are; a worm," and gave witness a punch in the eye,- breaking his glasses. While witness was putting his glasses in the car Marshall gave him a blow on the ear and then hit him on the back of the head that practically knocked witness out. Marshall then knocked him over the bank on to the seafront. He fell on to a sandy beach and struggled to his feet, but Marshall jumped down after him and threw him down and sat on him and pummelled him. “I hadn’t a hope,” said witness. “ I hadn’t the strength of a kitten after receiving the crack on the head." Marshall asked, “Have you had enough? ” and then allowed witness to rise. Witness said he was 45 years of age, and Marshall, whom he thought was in the thirties, was physically more powerful. “He could eat me.” said Bothamley. Witness was submitted to a rigorous and lively cross-examination. “ I suggest,” stated Mr Mazengarb, opening the ease for the defence, “ that Bothamley wanted to show defendant, that no man could call him a crawling worm with impunity. It is contended for the defence that the affair at the roadside had more the characteristics of a fight than of a brutal, unprovoked assault." Describing the meeting of the two men, the defendant said; “As he passed me in his car he called out, 'You’re looking sore on it this morning.’ I did not reply, but walked on. Later he called out something and pulled up his ear, and I went back to him, thinking he wanted me. He then said, ‘ What did you call me over the telephone? ’ speaking of two months before, since when neither of us had spoken to the other. I replied: ‘ Exactly what you are, a crawling worm.’ He said: ‘You cur. No man will call me that/ and whacked at me out of his car window. I said: “If that’s what you want, get out.’ I did not strike him when he was in the car. He then got out and threw his hat and glasses back into the car, the glasses striking the car and breaking. He made a swipe at me, and said, ‘Come on!’ I stepped back and hit him in the eye. He backed over a bank and I jumped down after him, and then we had a wrestling match. I struck no blow and did not use my feet at all. I put him down and asked him if he had had enough. He said ' Yes/ and I let him up." The magistrate reserved his judgment.