FIGHT AT TANGARAKAU UNDER RAFFERTY RULES

Stratford Evening Post, Issue 71, 29 July 1929, Page 5

FIGHT AT TANGARAKAU UNDER RAFFERTY RULES

TAILOR AND CARRIER , HAVE AN ARGUMENT

USE OP INDECENT LANGUAGE

ADMITTED.

J. R. Charleton was charged at the Stratford Court this morning with having used indecent language at Tangarakau on June 29th. He was also charged with fighting on the same date, and William P. Dowling also appeared to answer a charge of fighting. Mr Moss appeared for Charleton and entered pleas of guilty to both charges.

On behalf of Dowling, Mr Coleman entered a plea iof not guilty. Charleton elected to be dealt with summarily On the charge of using indecent language.

Sergeant /Power said Charleton went to Dowling’s tailor shop' and demanded payment of a fee for some carting. They adjourned to the street and there fought. ■ The alleged indecent language by Charleton was used before and after the fight. AN EYE-WITNESS. Alexander Wallace, employed on the railway Works, said tliat he was in Foster’s boot store about 5.30 p.m., when somebody came in and said there was a fight. Witness went ont and saw two men fighting. One might have been trying to |eep the other off, or trying to grapple the other. Dowling grappled Charleton and they both fell flown. Then Charleton launched a blow at Dowling. A man stepped out of the crowd and helped Dowling to his feet. Dowling was dazed and Charleton landed several blows. Dowling was not fighting, and he was knocked down by a blow from Charleton which ended the fight. Dowling could not have gone back to his shop. While witness was there Dowling did not strike a blow. A person in the crowd counted Dowling out. Then Charleton said: “That’s eleven,” and kicked Dowling in the chest. HEAVY BLOW.

To Mr Coleman: Thai blow which ended the fight was a very heavy one. When Bowlipg received it he had just raised himself a little off the ground. /

Counsel: Ha s Dowling the reputation of being a fighting man?— No.

■What about the other man—He is not looked on as a bad man, but we know he can look after himself. Continuing 4 , witness said Dowling's face was covered with blood. Dtowling! wa s carried into his shop. There were about thirty men about, but nobody interfered. EIGHT TO CROSS-EXAMINE. When Mr Mods started to cross- ' examine, Mr Coleman objected that Mr Moss had no right to do so. The Bench said Mr Moss had no right to .cross-examine, but might put a question through the Court. Mr Moss said his client’s version was that a . blow was struck in Sowling’s shop, and that the pares went into the street, at Dowling’s invitation. Dowling got the worst of it, but the fight was a fair one, Charleton said that when Dowling was counted out he did not kick him, but merely placed his foot on Dowling’g chesj;. , To Mr Coieman; Witness was on the sick list with a sprained wrist and did not interfere, but h e protested against Charleton striking and kicking Dowling on the ground. Victor Brosnahau said he helped Dowling to rise, but he did not attempt to stop the fight, as neither man seemed to want the fight to stop. Both men were fighting. T 0 Mr Coleman: Charleton was looked on as a hard man, but not as one who would fight without good reason. For as long as witness was present Dowling wag getting the worst of it. Mr Mbss (through the Court): Witness wa s an amateur boxer and a judge of a fair fight. The fight wa@ a fair one according to the rules followed —Rafferty rules. It was a rough and tumble. ' A STRAIGHTFORWARD MAN. Constable Whiting gave evidence that he had got statements from each defendant. It appeared that Charleton had gone out on the street first, and that Dowling could have closed the door on him and remained in the shop. Dowling said he went outside to defend himself.

To Mr Coleman: Dowling thought he had some knowledge of ringcraft, but apparently this knowledge was n 0 good against Charleton. Charleton was a straightforward man.

Mr Coleman: Isn’t he a stormy element at the settlement? Wouldn’t the place be better without him? Witness: I don’t know' that he is any more stormy than the rest of them. Mrs Olive Peters, employed as a tailoress, said that Charleton came into Dowling’s shop early in the afternoon, and made use of bad language in saying that what he, w'ould do to Dowling when he got him. Dowling was away at the football match. About 5 p.m. Charleton returned and argued with Dowling about some money said to be owing. Charleton got angry and witness retired to a back room. Later she heard Charleton invite Dowling out to fight. After the fight Charleton was in the shop ahd used further had language. LOOKING FOIt FIGHT. To Sergeant Power: Charleton wanted to fight. Dowling bad no option but to fight. In evidence, Dowling detailed operations in reference to the payment of certain freight. A dispute arose as to whether or hot Mrs Peters had paid a certain sum on behalf of witness. The argument started in the morning. At 5.15 p.m. Charleton came into the shop and renewed the argument. Charleton admithted he had received a. sum from Mrs. Peters, but then said a further sum was owing. Witness said he had paid the sum, but Charleton denied this and struck witness a violent blow in the face. Charleton caught witness by the sleeve and said: “Come along out.” Witness knew Charleton wanted to fight. Asi- be could not defend himself in the restricted space in the shop, he wept outside in order to defend himself. Charleton could have got witness anywhere in the shop and witness went outside, so that he could have a chajneo to defend himself. Once outside, Charleton rushed at witness and the fight resolved itself into rashes by Ohairleton, while witness either side-stepped or got under Charleton’s arms, PLUG HIM, JACK.

A bystander said to Charleton: “Plug him, Jack. Knock out of him.” Witness asked what business it was of the bystander, who ‘replied; “Oh, nothing, but a man is entitled to his opinion.” Witness had no knowledge of anything after Charloton hit him while he was lying on the street. Witness was not a fighting map and would not willingly go into a fight with Charleton. When lie first went toi the settlement witness heard that Charleton was a fighting man. This concluded the evidence on behalf of Dowling. CHARLETON’S VERSION. At the invitation of the bench Mr. Moss Gave Charleton’s version of tfio matter. Mr. Moss said that Dowling® started the trouble in the shop by flicking Charleton across the face. Charleton accepted that as an invitation to fight, and lie asked Dowling to go outside,, THE STRONG HAND. / Summing up the Bench said Tangarakau people must understand that anybody guilty of fighting, using abusive or threatening behaviour or using obscene language in the sight or I hearing of passers-by was liable to | heavy punishment by way of irnprisionment or fine. It appeared that | Dowling was technically guilty of ] fighting, but tbo Bench’s view was j that ho could not help himself. On (a previous occasion it had been cxj plained in. Court what life at Tanga--1 rakau, was like, and how tho strong I hand more or less ruled. No doubt Dowling had been forced into the street and into the fight. If ho had refused to fight he would, no doubt, have lost caste with tho people of Tanga rakau. The charge against him would bo dismissed. Charleton must

recognise that there was now a. constable stationed at the settlement People in the past had not observed the law must turn over a new* loaf, and the desire to indulge in. behaviour calculated to stairt (disturbances and rows and to use bad language must be restrained. Persons wbo did not behave themselves in future would not stay in Tanfearakatu—they would become the guests of Mr. Pivcon at the New Plymouth gaol. Now the constable was on the spot the Court hoped all residents would be prepared to live in a civilised manner. If they were not the Court’s advice was to get out while the going was good. If there was continued lawlessness, the Court would deal with future breaches in such a manner as to fully vindicate law and order. The matter of the penalty to ho inflicted on Charloton would bo adjourned for three months. If rcpr,rf s were favourable the Court would d<a ; with the matter as leftiiently as possible. When the ease was called on again, the Court hoped to learn that the manners and customs of fanga’-akau had very much improve:!. * harleton w 1 is oidnecj to pay costs totalling £4 10s.