Courier-herald. [volume] (Kennewick, Wash.) 1949-1950, 1949-12-10
Columbia
Supervisor
Draws Fine

Clifford RaSch, Columbia Con-
struction Co. foreman, was found
guilty of third degree assault on
Lloyd Kestin, of 1881 West Sho-
shone street, Pasco, in an inform
al justice court trial last night
before Judge S. r. Stone.
The charge arose Nov. 16
when Kestin swore out a war
rant for Rasch's arrest after
Rasch struck Kestin in the face
with his fist i'm front of Kestin's
home. KeStin also stated at the
trial that Rasch called him SLAM
derouS names urging him to
fight. He said he did not strike
Rasch even after the blow be.
cause he was not hurt and saw
no need for fighting.
At the start of the trial Kestin
said he would be willing to
drop charges if Rasch would
apologize to him and to his fam
lily for the language he had used
during the time he struck the
blow. 49,.
NO NEED FOR APOLOGY
Rasch said he saw no need to
apologize and thought that Kes-
tin could Just as well apologize
to him. Rasch said ne had moth
ing against the man and had
said nothing in regard to Kes-
tins family. BE. ~ ..-at -
The trial then proceeded with
Prosecuting Attorney William
Gaffney representing the state.
Rasch was not represented by
counsel. .e,s5s5.> =.
Kestin testified that he was
returning home from a neigh
boris house about 8 a. m. when
Rasch met him on the street and
called him yellow, wanting to
fight. KeStin said he continued
his way the best he could trying
to get past Rasch, but as he
crossed the sidewalk 20 his hsn1e
Rasch struck him a CHANGING
blow on the cheek with his fist
which knocked him backward
two steps. Sr
Under Gaffney's questioning
Kestin said he had so per cent
disability pension as a result Of
head injuries and a weak left
side. He said he believed Rasch
had ill feeling toward him be-
cause of the housing controversy
being publicized at that time and
because of his criticism of the
homes. He said Nov. 16 was the
day following the instigation Of
suit by the construction COM
pany against Kestin.
SAW BLOW STRUCK
Mrs. Kestin testified she saw
the blow struck by Rasch, heard
the profane language and saw
that her husband did not strike
back. She said she witnessed the
action from her house.
On cross examination, Rasch
asked Kestin which hand he had
used in striking him. Kestin re-
piled that Rasch has used his
right hand. Rasch then said he
had used his left hand, adding
that if he had used his right
hand he would have dona more
than cut Kestin's lip.
In presenting his own case,
Rasch said he had not been
looking for fight at first but
he later lost his temper. He
protested that he was not aware
of Kestin's disability at the time
he struck him, but added that
Kestin was no more disabled
than himself. He said he had
suffered severe head injuries in
construction accident.
BLOW HELD UNJUST
Gaffney then said he felt the
blow was unjust and recon-.
mended to Judge Stone rea.
sonable fine. Rasch said he re-
GREETED the whole incident but
did not feel the need for an
apology.
Kestin then said he thought
the complaint he had signed was
ill-adviSed and asked to with
draw it. Both Gaffney and Judge
Stone rejected Kestin's request,
saying that since the case had
been presented it was an attempt
to take over the authority OF the