"A SQUABBLE."

Temuka Leader, Issue 10052, 10 February 1927, Page 3

"A SQUABBLE."

WHOLE THING TOO TRIVIAL. . CHARGE OP ASSAULT ■ DISMISSED. 4 At the Temuka Magistrate's-Court on Tuesday morning, before Mr C. It. Orr-Walker, S.-M., William Leonard was charged with unlawfully assaulting John McGillen by striking him on the mouth with his hand, and also with unlawfully assaulting James Morgan by striking him on the eye with his hand. Sergeant .Dwan appeared for the police, and Mr G. J. "Walker (Joynt and Walker) for defendant, entering a plea of not guilty to both charges, which were heard together.

John MoGillen, a motor driver in the employ of the Geraldine County Cou-ncil, deposetl that on the evening of the 22nd January he was going home near Pyne, Gould, Guinness' yards, Commerce street, Temuka, when defendant came up behind him. He did not know what he said, but there was an argument about wages, and witness told defendant he was always growling. The -argument was about wages' in general. When witness 'told defendant he was always growling and was not satisfied, he replied that the wages men .were alright, so witness asked him why he didn't go out and work himself. He was a farmer, and witness a labourer. Defendant said: "You blokes are alright; you get 14s a. day, and I can't get it at all."' Witness said: "You are talking silly. Why don't you go out yourself." Defendant then got wild and hit him on the mouth. Witness fell, and ,saw Beck passing and called to him. Mr Walker: How many drinks did you have?—About six or so. I drank beei. Was there any reason for Leonard to come up to speak about wages?—From his appearance Leonard had had a few drinks. f They both started this. The S.iM.: There was a good dingdong argument? • Defendant: Yes. But I got the worst of it.

Did you strike him?—No, I didn't attempt to strike him. James Morgan deposed that on the evening in .question Beck came to him in King street, and- told him there was a bit of trouble, and that there was a chap lying bleeding in the yards. He went around and saw McGillen bleeding at the mouth, and he put him in a car and took him away. McGillen asked him to go back for his bicycle. Witness went down, and defendant struck him on tlie eye, and jumped on him" and got him'down. Defendant said "I'll strangle you, you ."

Witness said: "Never in your life!" He then got on top of defendant and rolled- him" about and had a tussle. Constable Soiithworth was brought and a charge was made. Defendant said to/witness: "You're one of McGillen's cobbers,"

and witness replied, "I am one of McGillen's cohbers."

Sergeant Dwan: What about your eye?—He hauled off and smacked me in the eye. How long was. your eye black? — About three days.

In reply to Mr Walker, witness said! he had had three or four drinks. The time was about halfpast six or a quarter to seven. It was a half-holiday—a Saturday. Defendant hit witness first. Albert Robert Beck, tobacconist, Temuka, on oath, stated that he was in Commerce street that evening at about half-past six or a quarter to seven. He saw Leonard and McGillen talking on the footpath. He saw Leonard put his arm around McGillen and say he would see whal sort of a man he was. Leonard pushed McGillen into the yard. He didn't see any more until he got level with the gate, when he saw McGillen down. He cycled on and told- Morgan. Witness did not think there was anything in it at the time. He told Morgan they were having an argument, and to go around. McGillen's mouth was alright Avhen witness saw him. There was no blood on it when he passed.

By Mr Walker: Witness could not say who spoke first. All he saw was Leonard pushing McGillen into the yard. He Avas not there when Morgan arrived. The iS.M.: What state did they appear to be in, as regards liquor? —McGilien seemed under the influence of liquor. Witness could not say whether Leonard was Or not Morgan when he first saw him was alright.

Mr Walker, for the defence, said that Leonard denied that he had assaulted either man first. He had been in the district for forty years, and was a farmer. He reported the matter to the police first. He was not likely to go around assaulting anybody. Defendant had* no witnesses, but counsel thought his evidence should be given credence in the Courl.

Defendant, in Jlie box, slated lie was on the way home when McGillen accosted him, though he did not know his name at the time. They had an argument about wages and he told McGillen he was belter off than the farmers. McGillen called him a waster, and said he was no good, and invited him inside the gate and wanted! to fight him. He pushed McGillen off. McGillen struck Mm on the lip, and he struck McGillen on the mouth. He "then went, for he didn't wish to fight.' Fighting was not in his line; 1 ' Ha had occasion to go back to the yard for the. band" off his coat, and he met Morgan, who said to him, '•'Did

you hit my cobber?" Morgan' hit him on the eye, and he hit Morgan on the eye. Morgan then rushed him., and he got Morgan clown and asked him to stop fighting, but he wouldn't promise and said he wanted a "fair go.'' : He let Morgan up. Constable South wo ritli was there and Morgan told the police that he had hit Morgan when he had his hands in his pockets. That w,as not true, and he thought he was justified in correcting it.- He had never been in.trouble in his life before, and he found it necessary to defend himself. They were both bigger men than himself, and both were quarrelsome.

Sergeant Dwan: Why did you push McGillen into the yard?—l didn't.

Beck says you did.—Such a thing did not happen.

The S.M.: How did you get into the yard?—l had to go into the yard to get my bicycle. Sergeant Dwan: Did you tell ,the police the truth? —Well, as far as I know I did. The hitting part might not have been in it. The 5.. M.: You told the truth, but not the whole truth. Defendant: They didn't ask for a full statement,-,,, : ,,-,-. -. .■•■■■; - .Sergeant Dwan: Why did" you refuse to sign the .statement if it was "truthful? They signed their statements and you refused to sign your statement.. , ■

The S.iM.: Had you had any drink? No, I never took more than two or three.

I asked you if you had. Two or three?—Yes, I generally have two or three shandies.

The Magistrate: 1 think defendant is as much sinned against as. sinning. The two men had enough liquor to make them quarrelsome, and Leonard was not sober enough to keep out of it. I am satisfied they didn't have the clearest recollections. I don't think it merits any punishment. It was a squabble and the three of them might have been charged for disturbing the peace. I won't enter a conviction. The whole thing is .too trivial. I think each brought it upon himself. What 1 mean by trivial, Sergeant, is trivial foiv assault— threatening behaviour. _