ASSAULT CASE

Waikato Independent, Volume XXIII, Issue 3150, 13 December 1923, Page 5

ASSAULT CASE

DAUBY V. STOPFORD. SUPREME COURT ACTION. A case which attracted much interest, and cruised considerable amusement in court, was heard at the Supremo Court, Hamilton, on Tuesday, when Cr E. J. Darby sued Or C. A. Stopford, both members of the Matamata County Council, for assault at the Tirau Hotel, and claimed £2OO damages.. Plaintiff alleged that during a Matamata County Council meeting Stopfortl had threatened to strike him. Afterwards. Darby approached Stopford in the Tirau Hotel arid offered his lilted to settle any little differences between them. Stopford, however, struck him, knocking a tooth out. The defence was that when defendant had refused to shako hands with plaintiff, the latter had made some nasty remarks, whereupon Stopford had pushed Darby—he declared he had not struck him. Defendant also declared Darby was a most irritating man. A considerable number of witnesses were called. His Honour remarked that while lie was prepared to find that plaintiff was to blame for the whole episode, defendant, nevertheless, was not justified in striking him. He therefore proposed to award small damages, as the evidence showed that plaintiff was a bumptious, aggravating, and tactless person. He had evidently been a schoolmaster for a long number of years, and now treated the rest of mankind as school boys. He had made far too much of the case by bringing it to the Supreme Court. It was a matter that should have been settled by a magistrate. Under the circumstances he would award £1 damages on the claim for £2OO, and allow £6 11/0 special damages. Costs would be as in the Magistrate's Court, 10/, and £1 6/ solicitor's fee.