- FLORISTS FALL - . OUT
Sequel to Court, Decision ASSAULT CHARGES
A quarrel between a number of Murrumbeena florists following upon a County Court decision on December 13 had & sequel at Oakleigh Court today
when Ernest Edward Payne, florist, of Brett Street, Murrumbeena, and his two sons Edward H. Payne and Ernest Whittlck Payne, were charged with having assaulted William Alexander Rennie, florist, also of Brett Street, Murrumbeena. Defendants pleaded not guilty. . Rennie was counter-charged with having assaulted Isabella Maria Payne and with having assaulted Edward H. Payne, The case against tho Payne's was taken first. Dr. W. Tulloh, of Murrumbeena, said he examined Rennie after the alleged assault and found that he had abrasions and bruises on the shoulder, knee and left ankle, and an ulcerated eye, the vision of which had been reduced to one quarter.
BRICK THROWN
Rennie told the Court that on December 15, about 5 p.m., he drove his truck to his home. Payne, against whom he had that day secured a County Court order, accompanied by his wife and two sons, pulled up in a car nearby and Payne and the two sons followed him to a shed on his premises. A piece of brick was thrown at him. Edward Payne struck him on the head with a heavy broom handle, and the two sons kicked him several times. Then the elder Payne struck him with both fists on the head and body after he had fallen. A neighbor, Jack Porter, heard his cries and came to his assistance. He was token to the police station, and to a doctor. Cross-examined by Mr O. Gillard, Rennie said that Mrs Payne was his sister-in-law, and the two young Paynes were his nephews. He admitted that after the County Court decision he blew a horn and flew a flag from his truck. Ernest Edward Payne said that he went after Rennie to make him appologise for having struck his (Payne's) wife. Neither he nor his sons struck Rennie, however. Rennie fell over and injured himself in colliding with objects in the shed. The other two defendants also denied having struck Rennie.
"PROVOCATION GIVEN"
The Chairman of the Bench Mr Wade P.M. said that the Bench believed that an assault had been committed. The Paynes had no right to follow Rennie on to his premises. At the same time Rcnnie had given provocation. Ernest Edward Payne was fined £5. in default one month's imprisonment, and Edward H. Payne and Ernest Whit-H. Paynei £3 each. The men were allowed 28 days, in which to pay their fines. Costs of £1/8/1 were allowed in each case. Rennie was fined £2, with £1/15/ costs, for having assaulted Edward H. Payne. A further charge of having assaulted Mrs Isabella Payne was dismissed.
Herald (Melbourne, Vic. : 1861 - 1954), Thursday 5 January 1933, page 5
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1879 - 1959 (80 years) Has 2 ancestors and 5 descendants in this family tree.
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