STRUGGLE AT STABLE DOOR.

Star (Christchurch), Issue 16635, 18 January 1922, Page 7

STRUGGLE AT STABLE DOOR.

DISPUTE OVER HEIFER. HORSE-TRAINER CHARGED. A difference concerning an impounded heifer in Upper Riccarton resulted in a horse trainer named Edward Loftus Russel being brought before Mr "Wyvern Wilson, S.M., to-day. charged with common assault. Russell, who was represented by Mr W. F. Tracy, was charged that on Decomber 30, at Upper Riocarton, lie assaulted Gertrude M’Cann by striking her on the face and head with his fist. Gertrude M’Cann said that ono niorffik ing at about seven o’clock Russell came to tho house with “ a big large axe ” in his hand, demanding a heifer which she had locked up the night before because it was eating her hay. At the stable door Russell hit her on the head with his fist. Her husband said “ Don't do that.” The Magistrate : Did he do anything else ? Witness: No. Edward M'Caiyn. a horse trainer, and husband of the complainant, said that Russell was smashing a bolt on the door of the stable when he and his wife came up to him. He did not strike or offer to strike Russell. The Magistrate : A man doesn’t usually wait to offer to strike a man when his wife is struck by him. However, we don’t all think alike. Mary M’Oann, daughter of the two previous witnesses, said that Russell hit her mother, “and then daddy was struck down. When mum went to help him up Russell hit her again." Tho heifer was in the stable at the time. Mr Tracey said his client denied the assault. At 3.30 a.m. Russell saw the M’Canns taking his heifer into charge. He sent a request for its release, but as it was not complied with he went over and got it out himself. He denied striking either of the M’Canns. Defendant, a farmer, of Upper Riecarton, said he saw tho M’Cauns taking his heifer off the road at 3.30 a.m. If was an “ old game ” of M'Caim’s. When lie went over to claim his heifer ho said lie would give M’Cann two minutes to let tho heifer free. When they went to the stable door defendant said: “ Let that heifer out lively or I’ll take it myself.” M’Cann said " Go on, smash it!" Defendant then did tile job himself. Mrs M’Cann never came near him, and he struck neither her nor M’Cann. The Magistrate: Why did you not recover the heifer when you saw it being taken off ihe road? Defendant: Because I didn't have time, and [ know what sort of people they wereRobert M’Lean, jun., said he accompanied Russell as a peacemaker when he went to tho M’Ganns’ for the heifer. He was able to prevent Airs M’Cann hitting Russell over the back of Ids head with a piece of wood. M’Cann kept rushing at Russell when he was opening the door of the stable. Robert John M’Lean said he drove the heifer out of the stable for Russell. He saw no blows. ’Flic Magistrate said that evidently both parties had lost their temper in the culmination of an old feud. Russell’s story was a very improbable one, and not substantiated. Russell apparently struck tho husband and wife, although apparently the blows wore not particularly violent ones, and were delivered in the course of a struggle Russell would be fined 40s, with costs and expenses.