POINTED A GUN

NZ Truth, Issue 1202, 13 December 1928, Page 9

POINTED A GUN

Whitebait Causes Black Looks At Foxton The famous whitebait drain, at Manawatu Heads was dug some years ago as an. outlet for overflow water from Robinson's Lakes into the Manawatu River, and since its construction has caused more trouble, feuds and fights than anything else m the whitebait village. The cause of the trouble was that the 'bait preferred to travel up the creek rather than the river, and the wily whitebaiters were forever scrapping over possies along its banks. . So long was the list of assault cases attributed to the drain that it was closed by Act- In Council m order to save bloodshed.-

A FEW days ago, at Foxton, William t Royal Hartley was charged Before 'Magistrate J. L. Stout that on October 7, at Manawatu Heads, he presented a double barrel shot gun at Edward Charles Boyle. ''-liawyei Cooper appeared for Hartley, whc pleaded not guilty. Charles Edward Boyle, who styled himself a laborer, s;iid that oit the day m question he accompanied Davey up the drain iind there met aroused, his brother and a man named Parfitt. An argument arose between accused and himself. All he remembered was being covered by accused with a double barrel shot gun. The argument lasted about five minutes but he could not swear what it was about. When they met , on the drain they generally had a little argument. The S.M.: "Possibly over poaching on each other's! fishing rights." (laughter). , : Lawyer Cooper: You have an ungovernable temper, haven't you Boyle? — If put out. : Didn't you accuse Hartley of stealing your whitebait?— No. ' . ■ _ ■ And say you'd thrash him? — No. You made an uncomplimentary remark about Hartley's sister?— No. II yould be pretty even on both sides if any words were used. Did Hartley put the gun to his shoulder? — Yes and I was on the other end. How far apart were you? — The creels was between us. About four feet. Cecil Da vey, who Stated his occupation as that of a "shell merchant," frankly admitted that he had visited the" drain for the' purpose of netting whitebait. He met Boyle on the beu.cn and the two were returning to see if there was any 'bait m the net when they met defendant's party on the opposite bank a few chains above whore the net was located. Defendant was seated on the ground With double barrel shot gun, fullyloaded. : lying broken open on the ground. An argument arose between Boyle and defendant, but Da vey could not say what it was about. He saw Hartley pick the gun up, point straight towards tiim and threaten to shoot Boyle. Defendant called out, "If Boyie touches any of us, I'll blow his brains out.' 1 When threatened Boyle said:

"Drop The Gun "

"The best thing to do is to drop the gun. There's three of you. I'll fight the lot of you." Hartley kept the gun under his arm, but pointed at Boyle. He never placed it to his shoulder . William Royal Hartley, who is only a lad about 19 years of age, said that as he and Parfitt were proceeding up the drain on a rabbit shooting expedition, they passed a whitebait net set m. the drain and about six chains higher up wore mot by his brother on horseback. They sat down and talked until they saw Boyle come running- up. Boyle accused' witness of stealing whitebait out of his net and jumped over the drain. He also made an insulting remark about, witness' sister, and threatened violence. Witness picked up the gun from the grcund and retreated as Boyle took off his coat and called out: "Come on, all you come on." Witness gave a demonstration of how he had presented the gun, one barrel of which was useless, and which had • ' never been placed to his shoulder, but held under his arm. Witness said the row started over whitebait. . Witness' party had proceeded up the drain ahead of Boyle and had passed his net set m the drain. On seeing them, Boyle had hurried up and accused them of stealing whitebait out of his net. Joseph Henry Parfitt gave his occupation as that of a laborer. ' v Parfitt corroborated the rabbit story and said he had been carrying the gun previous to the argument and it was unloaded.Herbert Hartley a brother of defendant, said he had ridden along the creek and met his brother and Boyle. Davey had complained that someone was "lifting" their nets m the drain. He had ridden between Boyle and his brother when Boyle looked aggressive and had given Boyle a cigarette, which had pacified him. The gun was unloaded. They • all went away together. The S.M. considered that Boyle and Davey had tried to hide certain evidence. There was not corroborative evidence that the gun was loaded, and it did not seem that it had been presented to defendant's shoulder. ' The "case was dismissed as a trivial one. *■,''.■ .