“TRIAL BY BATTLE”

Poverty Bay Herald, Volume LX, Issue 18249, 18 November 1933, Page 8

“TRIAL BY BATTLE”

ASSAULT ALLEGATION DEPENDANT’S VERSION CHALLENGE ACCEPTED (Per Press Association.) WELLINGTON, last night. The hearing of the charge of assault made by Robe rt West Icy Bothamlcy, a solicitor, against John Hugh Marshall, a farmer, was continued to-day by Mr. E. Page, S.M. “I suggest,” stated Mr. Maz.cngarb, in opening the defence, “that Bolhamley wanted to show 7 the defendant that no man could call him a ‘crawling worm' with impunity.” It; was contended for the defence that the affair at the roadside had more the characteristics of a figlit than of a brutal, unprovoked assault. It was meant to be a trial by battle. Describing the meeting of the two

moii, the defendant, in< the box, said: “As lie passed me in his ear lie called out, ‘You’re looking b sore On it this morning'. ’ I did not fcply, but walked on. Later lie called out something, and pulled' up his car, and 1 went back to him, thinking he wanted me. Ho tlion said: ‘What did you call me over the ’plione?’ Speaking of two months before, since when neither.of us had spoken to, each other, I replied: ‘Exactly what you arc, ft crawling w T o,rm. ’ He- said: ‘You cur, no man will call me that,’ and whacked at me out of the car window, which was down. 1 said: ‘lf [that’s what yon want, got. out. ’ I did, not strike him in the car. He then got out, and threw his hat and i glasses back into the car, the glasses :hitting on the ear and breaking. He nmde a swipe at. me, and said, ‘Come on.’ 1 stepped back and hit bint in the eye. He backed over the 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 if lie had had enough. He said, ‘Yes,’ and I let Kim up.’ ’ !—— —-r 1