UNPROVOKED ASSAULT

Waipa Post, Volume 45, Issue 3208, 26 July 1932, Page 5

UNPROVOKED ASSAULT

TE KAWA MEN INVOLVED. ONE SUSTAINS BROKEN NOSE. The Bench (Messrs G. A. Empson and W. Jeffery),, at the local Court on Monday morning, listened to the circumstances of a prosecution arising out of what was termed a neighbours' quarrel. Timothy Patrick Ryan was charged with, on 22nd July, at Te Kawa, assaulting Alex. A. Scholes with intent to do actual bodily harm. Counsel suggested that the charge be reduced to one of common assault. The facts in general would be admitted, though Scholes' nose was broken. The police consented to the reduction of the charge, and at the outset a plea of not guilty was entered, counsel saying this was done so as to bring out the facts. Alexander A. Scholes, butcher, of .Te Kawa, said that last Friday he was sitting in his shop at about 7.30 when Ryan came in and accused him of cutting his (Ryan's) boy's foot and then he struck witness, injuring his ncse. Witness came to Te Awamutu and had his injuries attended to. His nose was fractured. When Ryan entered the shop he was very excited, and accused witness of cutting the boy's foot; Ryan might also have accused him of kicking the boy. Witness had met the boy a day or two earlier, driving some cattle on the road. He asked the boy to turn the cattle back, but the boy was cheeky. Witness got out of his car about ten yards away to work his dogs on the cattle. Counsel then altered his plea to one of guilty. ~ , For the defence, James Ryan, aged nine years, said he was standing in front of the hall on Thursday, helping another boy to put cows into a paddock. Scholes stopped his car and got out, telling witness to let the cows alone. Witness replied that if Scholes would call his dog away he would let the cows alone. Scholes then kicked witness, who later went to school. He had to come home early in the afternoon of Friday. The teacher sent him, as he was sick. His mother put him to bed, and later his father came home and was told of the trouble. The teacher did not send him home to have a cut bandaged. He told his mother of Scholes' kick on Thursday evening. The teacher sent him home because his side was paining him; it was just after he had had lunch. The cut on his foot was an old one. Counsel suggested that Ryan had believed his son, and therefore assaulted Scholes. It was not a cowardly attack. Only his fists were used. Ryan was hot-headed, and now realised that he should not have taken the law into his own hands. The Bench commented that the affair was a neighbours' quarrel, but the assault was inexcusable. A fine of £2 would be imposed, with costs £2 12s 6d.