QUARREL OVER A SCHOOL SITE.

Colonist, Volume LIV, Issue 13497, 17 August 1912, Page 2

QUARREL OVER A SCHOOL SITE.

French pass settler assaulttd:

DEFENDANT HEAVILY FINED

At.tho Magistrate's Court, yesterday, before Mr. J. S. Evans, 5.M".., a man named Percy Douglas Hope was charged with having on August 3rd, at tho French Pass, assaulted Arthur Sydney bnook. Tho latter, wlm laid tiio information, asked that defendant bo bound-over to keop tho. peace. Mr. liar ley appeared for the complamaat utid Mr. Hayes for tho dofeudant, who pleaded guilty "undw oxienuatmg circumstances."

Mr. Harley said he understood that defendant had pleaded guilty, not because he regretted what he had done, but to save the expense of bringing witnesses from tho French Pass. The assault was violent and unprovoked and he submitted' it should not be passed over lightly. Mr. Harley said the trouble hud ariscii in a quarrel over a school site, and defendant had pummelled complainant so severely that he had sustained a broken rib.

la reply to the Magistrate, Mr. Hayos, while admitting that Mr. Harley's account of what happened was substantially correct, said he would have to contradict some, of tho statements made.- ■ ' .

Complainant then gave evidence. He said that defendant was a neighbour of his,-their places being about half a mile apart. With another settlor, named Stemmuller, who lived about half a mile beyond Hope's place, they had endeavoured to get -a school established. i>eiondant wanted the school at his place, so that the teacher w®uld be company for his wile. -Complainant was not particular where the school was so long as it was in a suitable place. In iws opinion the place suggested by dedeieudant, a small'room alongside some shoop yards and near a, steep bunk, --v;is not suitable. He informed the Education Board of his opinion, and offered to build v school at his place. On the wharf ho and defendant had some words about tho school, and defendant struck him several blows". Complainant io~ treated to his launch, and def'eir.;u:n followed, 41 threatening to throw hi :\ overboard. A J.P. was sent for oy spectators who witnessed the assault, but defendant quietened down before ho came. Before leaving defendant s:.i>.i, "Wo shall meet again, and you uill know all about it." As the result <.;i: the assault ho had sustained a fractured rib, and had beon under. Dr. Johnston since August 4th. in reply to Mr. Hayes, complainant said Hope's house was in the middle of the three, and he (complainant) had done all the correspondence in connection with tho school. He told Hope that he thought the Inspector would object to the proposed site of the school, but ho did not tell him that he thought it unsuitable. On the wharf Hope said, "You have taken tho school from my place," and he replied that he objected to it because he did not consider it a safe plaoo for children. Further, words followed, and defendant accused him of being.underhanded. Witness replied that he must have learned it from bis neighbours. Defendant then assaulted him. Ho had never found Hope underhanded, and ho had no recollection of saying he would let the matter drop, i By Mr. Harley: He understood from i defendant's words that he would get it' worse next time they met. Dr. Johnston gave cvidenco that complainant came to him suffering from an injured rib, it was probably fractured. He would be incapacitated three or four weeks. ~.-,.

Defendant's story was that it was arranged between defendant and himself that the school was to be at his place, and complainant was to make application to the Hoard. They had a look at the shed whore it was proposed to hold the school, and complainant said ho did not think the Inspector would allow it. Defendant explained that he would ilo the place up, and complainant said, he thought it would be all right. About a month after his other neighbour (St&inmuller)" told him that Snook had petitioned for a school at his place, as tho place proposed by defendant "was not fit for a dog kennel, let alone a school teacher." ho saw Snook that afternoon, and got some isacks from .him to do the place up. He told Snook he- thought he would write again about the school, and Snook said there was no necessity for two to write. On the Friday before the assr.ult he received a letter, in reply to or. > he had written previously, stating that the Board could not grant him a school, as a school had been granted on July Bth at Hamilton Bay (Snook's place). On Saturday he saw Snook at the wharf, and asked him how he was getting on about the school,, and Snook replied, "I think we will get it all right." .Defendant asked him if he- was acting square, and Snook replied "Yes." Defendant said he had good reason to' think the school had been granted to him a month ago. Snook denied it, and defendant called him a liar and a crawler. Snook said ho nrast have learned it from his neighbours. Further 'words' followed, and Snook said lie was a better man than him. Defendant admitted he lost his temper, but said he only.gave Snook three blows; He followed him into the launch, and Snook said if ho let him go he .would let the matter drop. He had no intention of molesting complainant in the future.

Defendant soid he had five children, and they never came to any harm while playing near the proposed school. Mr. Harley: Do you know Snook had no promise of a school at all ?

Defendant: I liad a letter statins that a school would bo established at Hamilton Bay.

Til©1 Magistrate said it was .a savage and unprovoked assault. The words used by defendant that complainant would hear more about it were a threat. People in out of the way places had to be protected. Even if the' squabble about the site took place, defendant was not justified in assaulting the other man. Defendant/would bo convicted and fined £10, £5 of which was to be paid complainant.

The costs amounted to £4 5s 6d, and Mr. Hayes asked that as these were heavy the fine should be reduced.

The Magistrate said he thought the least complainant should receive was £5, and if lie reduced the fine the complainant by, law could not", receive mqre than half the penalty imposed." He would reduce the 'fine to £7 if defendant would undertake to make up tho amount to be paid to complainant to £5. This Mr. Hayes, agreed to do. In reply to Mr. Harley th-er Magistrates said he did not think there was any necessity to bind defendant over to keep tho peace, as ho did not think hs would want, any more assaults at that price.