TAKANINI.

Pukekohe & Waiuku Times, Volume 7, Issue 400, 13 August 1918, Page 4

TAKANINI.

LOADED GUN INCIDENT

CHARGE OF ASSAULT. At the Papakura Magistrate'* Court last Friday before Mr F K. Hunt, S.M, Archibald Elking-ton, oi Onehunga, was charged with having on June loth assaulted Alexander Muir, farmer, of Takanini, and a member of the Manukau Coiintv Council, by pointing a loaded gun at him.

The defendant, who is a returned soldier, appeared in Court on crutches as the result of a motor car accident sustained since the date of the charge. Sergeant Cowan (Pukekohe) prosecuted and Mr Alan Moody defended.

Sergeant Cowan briefly related the facts of the case, stating that on the afternoon in question a party of six men who were motoring from Onehunga to go shooting at Karaka stopped outside Mr Muir's farm at Takanini, four of their dogs running amongst Mr Muir's sheep. Mr Muir's manager shot one of the dogs whilst it was worrying a sheep, the dog belonging to the defendant, and then went into his house. The defendant and another man hurried into the paddock and on Mr Muir coming on to the scene defendant, who was canying a gun, accused him of shooting the dog, which Mr Muir denied. Defendant then pointed the gun at him and held him covered for some time. The gun was loaded and at full-cock. Defendant and the other man, said the Sergeant, were both under the influence of liquor at the time.

Walter Phillips, manager for Mr Muir, deposed that about 4.30 p.m., on Saturday, June 15th, he heaid dogs barking amongst his employer's sheep. He procured a gun and with three dogs running away he shot a fourth, which had a sheep down. Two men ran across the paddock towards him shouting and as they were cursing and swearing he went into his house

Alexander Muir, giving evidence, stated that whilst on his farm on Saturday, the loth June, as the result of hearing a gun shot he went in the direction of the spot and met the defendant, who carried a gun, another man and a neighbouring farmer, named Johnson. Defendant, who was using bad language, accused him of shooting his dog, which he denied. Defendant then accused him of having previously shot another of his dogs and pointed his eun at him Witness was standing about four yards away from defendant. He (witness) advised accused to be careful whereupon defendant opened the breach of his gun and speaking to Johnson, said, " You see she's loaded " and then again pointed it at him (witness;. Soon after this defendant and his companion went away and he heard the other man say " Give it to him ' Elky '; I've shot hundreds of Germans no better than him." Cross-examined, witness said he had a spade with him but he denied that he threatened to strike defendant with it. Witness afterwards a 'mitted that he did raise his spade and said that if defendant had hit him he would have struck him " quick and lively." He did not say to accused " Get off the premises or I will hit you with my spade." By the Magistrate: Defendant was under the influence of drink.

Benjamin Johnson, farmer, Takanini, said that as the result of hearing two shots from a gun he and his son (Frank) went towards Mr Muir's house and saw defendant and another man. Mr Muir appeared on the scene and defendant after accusing him (Mr Mu'r) of shooting hi dog pointed his gum at him and then opening the breach said to witness " You see its loaded." He saw the cartridge, The gun was at full cock. Witness endeavoured to persuade defendant to put the gun down. He did not do so.—ln crossexamination, witness denied Counsel's suggestion that Mr Muir ordered accused to clear out or that Mr Muir held his spade in a threatening manner.

Frank Johnson, son of the last witness, corroborated and added that he also saw the cartridge in the gun. He further stated that at Mr Muir's request he telephoned to the police. Conbtable James Murphy, stationed at Onehunga, deposed that on July 2nd he arrested defendant, who on the warrant being read to him mid that Mr Muir had a spade in his hand and he defended himself with his gun. For the defence Mr Moody argued that the case looked more serious than it was He (Mr Moody") submitted that Mr Muir adopted a threatening attitude and that there was a good deal of argument, Elkington wanting to fight. Defendant, who had been drinking, was angry because his dog, which was a valuable one, had been shot. In view of the fact that defendant was a married man with four children, and that he had been recently injured, Mr Moody appealed for leniency, stating that drink was defendant's failing.

The Magistrate commented on the fact that there were previous convictions against defendant and remarked that because his d.>g had been killed was no reason for him to point a gun at Mr Muir. Addressing the defendant, His Worship stated that drink had evidently been responsible for his previous eonvictions On defendant volunteering to take out a Prohibition Order the Magistrate, in view of the defendant having a wife and family to maintain, recorded a conviction against him and ordered him to como up for sentence if called upon in six months, defendant to pay ail the expenses of the ease The witnesses agreed to forego their claims which, Mr Moody remarked, showed a good spirit