PATEA R.M. COURT.

Patea Mail, 17 May 1882, Page 3

PATEA R.M. COURT.

Tuesday, before Mr Wray, R.M. ASSAULT AND IMPOUNDING.

The charge against Mr J. Fairwealher, farmer, of assaulting Mr Honeyfield, a neighbor, through the latter impounding sheep said to have' trespassed, was resumed ■ to-day. Mr Barton- was for plaintiff, and Mr Haraerton for defendant. James Fainveather, the defendant, said : I had sent ray boy that morning to ihind the sheep, and keep; them off Hill’s land ; about 600 sheep.—My son came and told me Mr Honeyfield had taken the sheep from him when they were oh the sea reserve. I went and found that Mr Honeyfield had jammed about 350 sheep in the yard. I asked Buckrell why he put them ih the yard. He said “ Honeyfield is there.” That is all I said. I struck Mr Honeyfield- because I was annoyed at him for putting the sheep in his yard when I thought he had no right, as I believed they had not been trespassing on his land. I had been over the ground in the morning, and had seen his cattle on ray land. I took no notice, because they often do that. I once pounded Mr Honeyfield’s sheep off my own homestead.

Charles Fairwcather, aged 15, said : I was minding the sheep that day. Some sheep were on the seaward side of father’s land, and some were on his land. I was hunting some sheep back so that they should not get on Mr Honeyfield’s land, when they came to take them off. They drove away all sheep on the sea reserve except a few in the scrub. At that time there were about 5 sheep on Hone5 r field’s land. I went home and told my father they had taken the sheep off the reserve. Mr Honeyfield told me to tell my father he wanted him.

William Fainveather, a young man, saw the striking, and said that on Friday last he counted 79 of Mr Honeyfield’s cattle oh his father’s land. They were on nearly every day. ; 5 . The Magistrate said : The asaault is not denied, the defence being the constant trespass and disagreement between the parties. . This case illustrates only too; clearly the desirability of country neigh-: burs trying to live on amicable terms. There is a proper remedy for cases of this: kind, as neighbors who find it impossible to agree can come to this Court for settlement of disputes. The defendant appears to have allowed his passion to overpower his reason, and has committed the assanlt complained of.. The. defendant might have been seriously injured by such a blow, according to the medical evidence. The offence has been clearly proved, and |t is necessary I should inflict a substantial: fine, namely JES and £2 18s costs. I shall order £1 Its 6d to be paid out of the fine, to the complainant, to cover the medical charges. In default, 14 days’ imprison-; ment. ' :

Mr Barton asked that the defeddant be bound over to keep the peace.for, six months.

Magistrate: I do hot think, such a course is necessary in this cpse..