DISTRICT COURT.

Nelson Evening Mail, Volume XI, Issue 96, 10 April 1876, Page 2

DISTRICT C OURT.

[Before his Hv nor Judge Broad ] Meades v. Drake ahd Hassam. This was an action to recover £200, . damages for injuries alleged to have beeu inflicted upon plaintiff br de'endants. The following jury was struck :— -W. Armstro"g, W. Astle. H. J. L. Augarde, and W. Atmore. Mr. Pirr appe\rel for the plaintiff, and Mr. Fell for the defendants. Mr. Pitt having opened the cise for the plaintiff called Ann Harruan, who said : I live in Nilestreet East, nnd my land adjoins that which recently belonged to Drake. In December, I received a notice Irom Drake to fence between us. Brfore that, the boundary had been survcj ed by Mr Jennings. Drake then commenced to put up the fence. Meades and Mills put up my part of the :enco On tho l?th January, Drake and Hnssam came in the alernoon. Meades went out of my land on to the iootpath. He had five rails on his shoulder. Drake got inside the draw-ba son my land, and he gave Meades a push a d knocked him down, and then Hassam ttruck him and kicked him three or four times. . They hardly spoke at all. It wasn't five minu'es from the time the row began before M radc-s had his leg broken. Mrs Meades was c!o3e by, and saw it all. She eaid if Hassnm was a man he wouldn't hit him when he was down. I told Drake th'it he and Hassam didn't come like men, but more like two bulls. He owned that he ought to have been quieter, and said he never intended to break Meade's leg. Cross-examined : The draw-bars were ou a disputed part of tho land. Mr Harper haa since buught tho land, and had the fence pulled down. When Meades came up, Drake said he shouldn't come in, and M<ades said, " Let me put the rails dowD." He did not throw the rails at Drake or Hassam. William Meades: I am a bashman, residing at Suburban North. On the 12th oi January I was fencing for Mra Ilarman between her land and Drake's. I had been in town, and returned about 2 o'clock. Mills and I started to cat ry some fencing. Mills was first. He stopped, and I asked him what was up. He Biid Dr.'ke and Hassam would not let him in. I f aid, " I shall go in.*-" ' I went forward to go iu when I got a push from Drake and a b'ow on the car, and as I fell I got a kick on the leg from Hassam. I tried ti get up to have a bit of slogging, but found I could not, and I said, -My leg's broke " I then got another kick, and I got hold of a rail and said, " I'll knock your brains out." My wife was comiDg

Hlonj the ,'roa-i, anl I tdld her my leg was broken. She said he was a cowird to strike l a man when he was down. She' had a hay knile in her hanJ, ah i I told her to ruti him through with ic. I did not throw the r*ils at Drake. I never threatened him or Hassam until I was down. 1 I haye not been able to-, do any work since. Cross-examined : I don't remember Drake saying that the land was hia I don't remember throwing the rails at Drake or striking Hassam with one of them. I did not threaten them at all Bass-Jin struck me and gave me tho boot almost simultaneously. I think it was a little bit of Devon. Leonard Boor : I am 6nrgeo» at the Hospital. I remember Meadea being brouaht, to the Hospital. Both boaed of his right leg. were broken, by a fall and not a blow. His leg will not be well enough to allow him to work for two months. ! ; '''■*''■' Cross examined: It was such a fracture as might have been cus.-d by hi* foot being twisted under him when falling. William Mills: :- 1 remember tho time wton Meades' leg was broken. ' We were carrying some rails. I-waa-first.; Drak9 pushed the rails off my bick, and when Meades* came up Drake pushed liim back andHaasam struck him. Meades tried to get up when Hassam struckhim again on the right ear. Meases said his leg was broken, and "Hassam said, " Oh, its only a sprain or, a wrench." Meades did not throw the rails at him nor use any threatening language. Caroline Meades: lam plaintiff's wife. I was on the opposite fide of the road when the row took place. I saw my husband carrying rai's, aod when he got to the draw bars I saw him struck and fall down. Hsssam struck him after he was down, and then I heard my husband say his leg was broken, and then Hass-mßtruck him again. I told him he was no man to strike another when he was down, and had his leg broken, I ran off for the doctor. Cross-examined: Hassam told me one of the rails hid stiuck hiin on the leg and he pushed up his trowaers and showed me the mark This roncluled the case for tbe plaintiff. Mr Fell then opened the case for the defence, Hnd called Thomas Drake, who said: 1 was in Nelson on the 1 2th January. I earned a survey to be made of my land by Mr Jennings. I believe he began at the wrong point. I began the fence at the other side. O-i the day in question I went down to see what was going on, and I found Meades and Mills fencing in a piece that I believed to be mine. Hassam aud I wtnt inside, and when we got to tlie pap we s*w two men oming with rails. Thoy came up with the rails, aud as they wero coming in I put myself in from; of Meades and said, " You can't come in here :> Then he pushed, and said he should ccme.in. I tpld him there was a Jegal way of doing it if *->he wanted to enter on the land. He svid, '• If you won't let me in, take that," and be threw the rails at me. One of them struck Ha-.sam, aud he jumped over the rail aud knocked him down. Meades then jumped up again, aud laid hold of a rail aud threatened to knock both of us into one. His leg was not broken then. Wlieu he threa-ened us thus Hassam went at him again and knocked- lnm.ubwu' the second time. He then tried to get up and strike Hassam, but he ktiockei him down again. I can s\ve3r that; II ibs un never kicked hiiu. Ms Mea-ics came up sho tiy aftcrwari's and reproaoSie.i Hassam ior having kicked her husb.rid, when ILissam replied " Why, the mm won't even a .y that himself," and, turning to him, ho asked, -'Did I kick you?" when Meades replied " No." Cross-cxtmined : I don't think Hassam took his coat off. I did not ask him to remain and help roe. Charles Hassam : lam one of the defendants. I came out from England for tie benefit of my health, and have mracs of my own. lam an old fri- nd of DrakeV. I was going to bathe in the Maitai with im son on the day in qustim We saw two m-.n fencing on ins ground. Drake and I proceeded to put up the slip rails, when Meadi s and Mills came up carrying some rails. [Here Ihe witness corroborated Drake's statements.] Thomas Drake, junior : I was preheat ac the Maitai on the 12th January. I s'.aid in the trap while my father aud Hassam went to where Meades and Mills were feniing When t'ney came up. to the Elip bars, carrying rails, my father told them they had to right on the, ground. Meades pushed against my father and said he would go inj My father tried to stop him, and he threw the rails at him and one of them struck HaBS-tm, who jumped over the ftnee and knocked Meades down. He got partly up and threatened to strike Hastam with a rail, when he knocked him down This concluded the case for the defence, and Counsel having addressed the jury, hia Honor commenced the summing-up, which was not concluded when we went to press.