Thuhsday, September 9.

Manawatu Herald, Volume III, Issue 3, 10 September 1880, Page 2

Thuhsday, September 9.

(Before E. 8. Thynne, Esq., J.P.) MAUCIOVB WOUNDING, Thomas Pearce,' settler, of Or'oua Bridge, was charged upon the information of Wil Ham Osborne with haying unlawfully and maliciously inflicted grievous bodily harm upon him with a sharpened pole, and also kicking him, being an indictable offence, on September 4. Mr Haokins for informant, Mr Btaite for prisoner. ' ;■• . ' ~.i • Benjamin Osborne, a youth about 16,' son of informant, deposed— On the day in question I went round the cattle oh the northern part of the land in my father's occupation ; I met Tom Pearce and two other laea both called Charley. I asked if he knew where onr cattle were ; he then asked if I knew where the boundary was » I returned Je my father, and he and I ttiet) went to Vnere Pearce and the other two men were ; all the men were there when we went baok ; I saw Pearce with a tomiihawk in hi« hand ; my father asked him what he was doing there ; he said he would jfcow him what he was doing ; Pearoe then threw the tomahawk at my father ; he then picked up a pole, and

ran at him with it ; iflßs a pole likg}the one produced ; he took We pole in his band • • and ran at him with it and knocked him down ; he then Iftelt down upon him and hammered him with his olenohed fiat* I then west to Pearce and hit him on the head with a whip while he was kneeling on my father j while this was going on my two brothers apAred on the scene; my brothers and I tried to get .Pearce frojgfrff my father, but the two other meilKjt thorn off with poles ; in the end Pearce V*#*# my father up; while he was getting up Pearce kicked him in the right Bide ; after my father got a little distance away, Pearce / took the tomahawk and sharpened tip %, pole, and again thrust at my father and knocked him down with it ; we helped him up the second time ; he was knocked about fearfully and all over blood, and could not walU; VSpufhinSdnS^rM^andtookTiim home ; .as I was leaving, I heard P&roe say, v I'll do for you,i you old—- when^l get you on the quiet." ■- By Mr-Staite— l knew the nature of aa^ oath ; if you don't tell tie truth you wiß be punished by the policeman ; I hare been taught a little of the Bible at school ; I can write my name, but cannot read ; I was not in Court at Palmerston ; Pearce lives about three miles from our house ; the scene I have describeclttopk place about half a mile from our house; my father and Pearce have had disputes as to the ownership of the land : the land where the dispute occurred » is Hamuera's ; Pearce's wife has an inter- ■ eat in it, but Hamaera told me not ho great' as his ; my father leases some land ; I saw Hamuera point out the boundary • I always go on -aturday after cattle ; that was why I went ; I was to see they were not out over the boundary ; I was inside the boundary, but Pearoe said I was outside it ; Pearce was putting up a house at the scene of the row ; it was just started ; J told him « we did not want a house there ; he said it was his ground ; when I told my father we returned on foot; I took a whip with me which £ made myself ; I hit some men once with my whip ; my brothers also used their whips ; thoy whipped the two Charleys, because they were cutting the timber, and ' dogging the oattle away ; one had a stook* whip, and the other a riding whip. Mr Hankins said unless this whipping took place on the present occasion, he objected to the evidence being taken. Gross-examination continued— When we arrived at the building my fathpr nor I did not touch it ; it is still there ; m 7 father had not an axe with him, nor did he use one ; he did not strike Pearoe with an axe on the head ; my father did not strike Pearce at all ; he tried to shove him off ; I swear he did not otherwise attempt to hurt Pearce ; Pearce was bleeding from the head; he had a tomahawk iv his brad when he was punching my father, and out his own head ; my father spoke first, and '" told Pearce ho did not want a house there ; I went to Foxton for a dootor ; Ido not * know whether my father was bleeding ; the blood upon him came from Pearoe. W. Osborne, the informant, *as then examined, but his evidence was principally a ' recapitulation of last witness' statement; he said when he was struck down he called out, " Oh, you have broken my ribs ;" ha did not recollect what was done afterwarps, as he lost his senses, having been struck on " the side of his head ; he uever interfered ' with Pearoe, nor chopped the house, as be • had not the chance. By Mr Staita — I bad a lawsuit with the parties; lam not on friendly tertrs with Pearce ; I have suspected Pearee of injuring $ my cattle ; I know Pearce and Eroka dis* puted my boundary line; I have not re* ceived a notice from Pearce about my cattle ; I had no chance to touch the building ; the pole I was struck with was sharpeiied ; it was like the one produced ; I never took hold of an axe during the scuffle; I*^ did not strike him at all nor call out to ray sons to hit him with » whip. I did not see my sons arrive ; I come-to while on the horse ; I live about 19 miles from Foxton ; I came to Foxton that night for medical attendance ; the two Charleys attempted to shoot roe about a week before ; I pulled their tent down then (i c, on a previous occasion) and put it on the track; I did not injure the tent ; on the occasion of the row I meant to pull down the house ; I swear I did not touch the Jbuilding Pearce was erecting in any way ; if three men swear I didj thoy-will swear falsely. By Mr Hankins — It was Monday, not Saturday, I catuo to .Foxton. Dr. Barber deposed that on Monday he examined Osborne; he found a lacerated wound over each eye, several bruises about the head and body, a contused wound on the left side, which further examination showed to be a fractuie of a rib ; he was suffering from hemorrhage of the bowels ; from the nature of his injuries, and the age of the man, it might take a long time for him to recover. Hugh Osborne, a son of informant, corro- £ bomted the evidence of previous witnesses. The Bench considered a prima facie case had been made out, and committed Pearce for trial at the District Court Bail was allowed, prisoner in £100 and two sureties in £15(> eaob. Prisoner reserved hit* defence.