NEIGHBOURS’ QUARREL

Taranaki Daily News, 1 June 1935, Page 5

NEIGHBOURS’ QUARREL

ALL CHARGES DISMISSED GREAT CONFLICT OF EVIDENCE. FAMILIES NEAR NEW PLYMOUTH. ‘T think we are wasting time,” said Mr. W. H. Woodward, S.M., in the New Plymouth Magistrate’s Court yesterday when he dismissed charges of assault and the use of abusive, threatening and insulting language. The charges arose from trouble between neighbours on a short unnamed road off Junction Road about three miles from New Plymouth. Harold Gordon Stables and his daughter,' Ida Gordon Stables, and Charles Edward Coldrick were the defendants. The police case was heard on May 13 and occupied the whole day and when the case resumed yesterday Mr. W. Middleton called witnesses for the defence. The case for the defence had not been completed when the magistrate intimated that he had reached a conclusion and would dismiss all charges. Senior-Ser-geant E. T. C. Turner conducted the case for the police. Mary Stables, cross-examined, said that on November 10 she heard her father calling to her brother for help. She went to the scene where Malcolm asked why Stable had told on him using the Government car. She denied the accusations made against her father She said her sister could not have assaulted Marjorie Malcolm as she was in bed at the time and she was at no time on the road. Referring to the alleged assault on Edward Malcolm, Miss Stables said after the boy called her father a lunatic, he opened the gate and rushed at the boy but he did not get near him. The only thing she heard her father say was that he would report the boy for his behaviour. She denied the allegation of abusive language on April 15. She could remember nothing of the alleged offences. To Mr; Middleton, Miss Stable said she did not think there was anything in the suggestion that her father was in the habit of shouting. • . To the magistrate, she said she had never known her father to be violent. “TREATS THEM.AS STRANGERS.” Mr. Woodward: Don’t you think your father treats the Malcolms differently from other people?—He treats them as strangers as he was told to do some time ago. » , ’ . , Kesha Mabel Knight, a married woman at Westown, said she saw the bruise ’ on Marjorie Malcolm’s leg and was certain that the skin was not broken. To Senior-Sergeant Turner, Mrs. Knight said she heard Mrs. Malcolm say “It’s all right, Ida, I saw you from the window,” and Miss Stables denied having thrown the stone as alleged. Edith Ngia Stables alleged that every time the Stables went out at night lights were shone on them. ■ , , , ■ When Miss'Stables , asked that she might be per mtted to make reference to a diary the magistrate asked why she had kept it. She said she had kept notes on pieces of paper prior to receiving instructions' from her solicitors to keep a detailed record of alleged incidents. She had been lax in keeping notes on pieces of paper. Mr. Woodward: You haven t been lax. It might have been better if you had been more lax. If you have bed neighbours haven’t you enough sense to disregard the bad,behaviour of your neighbours. ■ Mr. Middleton: I must protest. Mr. Woodward said he did not care if Mr Middleton must protest. He was of the opinion Miss Stables would do better to .do.-withwVthe note-book. Stables: I can’t It’s going on all the time.-It’s, not a matter of one day in a month, it’s every time we go out. Every time we go out something happens. It’s just persecution all the time. We just can’t stand it and we won’t. Mr. Woodward: Of course, Mr. Middleton, if that is genuine you are quite right. • Mr. Middleton: It is, sir. These people are labouring under a great sense of persecution. They have come into my office i in such a state that it has been difficult

to pacify-them. . ; ■. . , ! Miss Stables: The whole neighbourhood knows-about it if it would only speak. Mr. .Woodward: We have had other people but' they. have . a' different tale to tell.. Have these people gone into your property?—No. ,■ Mr.-Woodward: What does it matter if they’make faces at you and flash lights? —lt was dreadful. I hated it. Can’t you disregard them? PERSECUTION alleged. Mr. Middleton, submitted that the Stables were being persecuted by their neighbours. Stables Was being prosecuted and the girl was not an aggressor. In fact he had had great difficulty in bringing them to court. The family was undoubtedly, being:persecuted. : Mr. Woodward: Your clients have evidently convinced you.—They have. To the senior-sergeant, Stables said she had kept her diary since December' 30, 1934.: She had never known her father' to use abusive language. Senior-Sergeant Turner: You have nothing to be afraid of; you are much higher than any of the Malcolms.—Jt’s quite all right when one fights, face to face but things have been so dreadful I don’t know What to expect. When you don’t know what is going ta happen it’s pretty '■ terrible. ■' 1 ' The senior-sergeant: Are you frightened of what your father might do?— No, I am afraid of things being framed against father. As far as she knew her father did not own a megaphone and she did not believe , he was in . the habit of going about' shouting the Lord’s Prayer. Her father had not wanted the family to go to court. - He. had wanted to fight the caw alone'“but that’s not fair,” said Miss ‘ Stables. 1 ;' Mr. Woodward: Your fear is that the Malcolms.might cause your'father to do something regrettable?— Not exactly. I’m afraid they, will , frame-my father, like they have done. Constable. Lincoln is the only constable that has treated dad with courtesy. He has never bullied him. I have confidence in the police and think you should have more confidence in them. I think the fault is on your side.—l’m sorry,' sir, but it’s not nice to have constables bringing blue papers. To Senior-Sergeant Turner, Miss Stables denied that her father had followed a constable through a paddock and used abusive language to him. She had / the policeman and on account of his alleged attitude she “had told the constable what she thought of him.” The senior-sergeant: Your father did that?—No, I did. Was Constable Strawbridge a bully?— He 'had a “blue paper” for dad and I said I would not take it without seeing what was in it. He said I was unreasonable. He said he did not want to press it on me. Well, there is nothing bullying in that, is, there?—No. Maria Anna Stables, wife of the defendant, said someone from Malcolm’s house flashed a strong torch on herself and her {laughter on the evening of May 9. She did not know who it was but she ” was certain that it was a man. She. had been married for 29 years and she knew her husband to be a good-tempered, kind-natured man. He was very strict that the children should not use abusive language. He had never been violent to her knowledge and had always been on friendly terms with his neighbours elsewhere. Mr. Woodward: I don’t require to hear you again, Mr. Middleton. I have come , to a conclusion. I propose to dismiss the

charges against your clients. In so doing I wish: to make some, comments. There had, been a, great, deal of conflicting evidence particularly .as to the character of Stables, said Mr. Woodward. Some witnesses believed him to be a good friendly neighbour and a highprincipled gentleman. On the other hand there was evidence that his manner could only have been through him haying less than normal control over himself. The magistrate believed some of that evidence, particularly that of Constable Strawbridge. He said that Stables tore up and spat on .a summons. . That and other statements .. convinced . him that at times and under certain conditions Stables was not normal. That was the explanation • of the conflicting evidence. Stables was normal and all that a good citizen should be but in the presence of certain people he was unable to control his actions entirely. Mr. Woodward was of the opinion that it was on such an occasion that the alleged assault on Edward Malcolm occurred. He was not prepared to say whether Malcolm was actually struck or just rushed at, but he was unable to convict Stables under such circumstances.

A great deal was said by the daughters about the annoyance to which, the family had been subjected, said Mr. Woodward. He had no doubt that one or more, but not all the members of the Malcolm family, might have acted in an annoying manner, but the. Stables had shown themselves to be far too sensitive to conduct of which they should have taken no notice. The danger was of that conduct being continued. Speaking particularly to the Malcolms, he stressed the possibility of Stables being provoked into an action that would be most regrettable. If evidence was brought of such provoking conduct and the charges proved, he would treat the matter as very serious indeed. He had considered the matter and he would not bind Stables over to keep the peace.

Referring to the charge against Ida Stables, the magistrate said he did not think the charge had been proved and he would accordingly dismiss the information. Coldrick had admitted having used the words complained of but the circumstances under which they were used, if not justifying them, at least made them excusable.

“I can say no more about this most unsatisfactory matter,” said the magistrate.