ROADSIDE ENCOUNTER

Taranaki Daily News, 18 November 1933, Page 9

ROADSIDE ENCOUNTER

STORY TOLD MAGISTRATE

SOLICITOR AND FARMER FIGHT. ALLEGATION OF AN ASSAULT. TROUBLE OVER TREE-PLANTING. By Telegraph—Press Association. Wellington, Last Night. A charge of assault made by Robert Westley Bothamley, a solicitor, against John Hugh Marshall, a farmer, was heard to-day by Mr. E. Page, S.M. Bothamley said he was chairman of the Makara County Council, 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 their seeing directly to the sea from their properties. After permission was given Marshall telephoned Bothamley and called him a worm, a crawler and numerous other names, and said he intended to pull his nose. Marshall also threatened to turn his sheep on to Bothamley’s land. Bothamley replied that he would have Marshall bound over to keep the peace. Bothamley went on to tell how when driving a car he met Marshall with a flock 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 and started to punch Bothamley through the window but only grazed Bothamley’s arm. “They were half-hearted sort of whacks,” Bothamley said. He got out and said: “Don’t forget you called me a worm. Marshall replied: “So you are, a worm,” and gave Bothamley a blow in the eye, breaking his glasses. While he was putting the glasses in the car Marshall “gave him one in the ear” and then hit him on the back of the head. That put Bothamley practically “out” and Marshall knocked him over the bank on to the seafront. He fell on a sandy beach and struggled to his feet, but Marshall jumped down after him, threw him down, sat on him and pummelled him.”

“I hadn’t a hope. I hadn’t the strength of a kitten after the crack on the head,” said Bothamley. Marshall asked him: “Have you had enough?” He then allowed Bothamley to rise. Bothamley said he was 45 years of age and Marshall, who he thought was in the thirties, was physically more powerful. “He could eat me,” said Bothamley. Bothamley was submitted to a rigorous and lively cross-examination. An eye-witness gave evidence. ‘T suggest,” stated Mr. Mazengarb in opening the defence,- that Bothamley wanted to show the defendant no man could call him a crawling worm with impunity. If is contended for the defence that the affair on the roadside had more characteristics of a fight than of a brutal, unprovoked assault. It was meant to be a trial by battle.” Describing the meeting of the two men Marshall in the box 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 car, and I went back to him, thinking he wanted me. He then said, ‘What did you call, me over the phone?’ He was 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, ‘lf that’s what you want get out.’ I did not strike him in the car.

“He then got out and threw his hat and glasses back into the car, the glasses hitting on 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 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 him if he had had enough. He said ‘Yes,’ and I let him up.” The magistrate reserved judgment.