"JUMPED OUT IN THE GREAT TEMPER"

Rotorua Morning Post, Volume 1, Issue 44, 14 October 1931, Page 4

"JUMPED OUT IN THE GREAT TEMPER"

NEIGHBOURS FIGHT1 two maori s and a boundary fence EARLY MORNING QUARREL Neighbour's quarrels across the back-yard fence have provided almost as fruitful ifiateriaT for the humourist as the mofhers-in-law and ScotsI men. The quarrel which two Tarewa j Maoris, Miss Titihuia Matiu and her I neighbour, William Berryman brought to Mr. g. L. Paterson, S.M., yesterI day, did not start across their fence but. it was certainly over it, and apparently provided little seope for humour with either of the parties. Miss Matiu told His Worship that the trouble eommeilced about two years ago when Berryman, without permission or so much as "by-your-leave," toolc it on himself to fell a number of trees which stood on her property and along the boundary fence. Relations between herself and the Berrymans became strained after this occurence and for Some time past they had ignored each other. Then she decided to bridge a gap in the fence by erecting a structure of white pine, but Berryman took exception to the form of this fence and came across to see her one morning in order to lodge his objections in person. It was then, Miss Matiu alleged, telling her story through her solicitor, Mr. W. A. Carter, that Berryman addressed to her several very objectionable epithets and an altercation developed. "In the Great Temper" When Berryman arrived on the scene, she said, it was only about T o'clock in the morning and she was still in bed. Her sister-in-law, Mrs. Matthews answered the door and told Berryman that witness could not see 'him as she was still in bed. According to Miss Matiu, Berryman then remarked "You teil her not to go on with that fence. I don't want any ■ rough line of boards along the boundary line." This was one message, but according to the complainant, Berryman added a postscript to the effect that in his opinion witness was something which he described in very objectionable terms. Miss Matiu said that on hearing this she called out to Berryman from her bedroom in Maori "You go along home. I am sick of having rows with you." Upon receipt of this message, Berryman said something else, wheceupon, said witness, "I hopped out of bed in the great temper. I said, "What did you call me, again?" with that he repeated the word and I got hold of a piece of wood and with a temper, I threw it at him. I did not see whether it hit him because I was pretty wild. Then he turned round to me and said you are only a anyway." Then I told him to get off my property quickly, but he started ealling me all sorts of names so I went inside and shut the door." Without Provocation This was Mrs. Matiu's story, hut she ; had to answer cross-examination by ; Mr. E. Roe who, on behalf of Berryman, laid a counter information for 1 assault. In reply to Mr. Roe, complainant said that if Berryman "had asked her nicely, she would have said 'yes'." Berryman said he did not want the fence put up with white pine and it was he who had started the trouble by using objectionable language. Mr. Roe: There is no reason why Berryman should suddenly burst out and use all this bad language? I could not tell you. Do you mean to say that he used this language without provocation? Yes I do. I put it to you that you do not care for Berryman or his wife? No I do not. They are always having rows. With you? Yes. Are you imagining some of these words, Miss Matiu? Not at all. Did you not call him a number of bad Maori words? Only one, after he threw the stick at me. Is it true that your bicother called out over the fence ahd asked Berryman to come and have a fight? Yes. Do you think that that was a proper thing? Yes for ealling me those names. You know that Berryman was agreeable, and has been all along, to pay half the cost of the fence? Yes. Miss Matiu's account of the altercation was corroborated by her sister-in-law, Mrs. Phillip Matthews. Challenge to Fight The husband of this witness, and a brother of the complainant, Phillip Matthews, admitted that he had challenged Berryman to fight. "By ealling my sister those names, he was ealling me the same and all our family," said Matthews, who added that Berryman did not accept his invitation to come out on the road and settle it. Mr. Roe: Did you not say to him, come out on to the road and I will knock h- out of you? No. A Maori youth named Jack Marsh, who said that he had been having a bath in a pool on the other side of the road at the time of the altercation, said he had heard raised voices. Another Maori named Withers was with him at the time and they looked over the boarding round the bath in time to see Berryman walking back on to his property. Afterwards Withers told witness that Berryman had repeated to him the jiames he had called Miss Matiu. Marsh said that Withers was not telling the truth if he denied that he was in the bath with witness. He khew that Withers would say that he had been sittihg in Betryhlan's car at the time of the altercation, but this also was not triie. Strained Relations This closed Mr. Carter's case, and Mr. Roe called Berryman. . The def endant said that the trouble had started two and a-half years ago ; \yhen he had cliopped dpwn some trees op the boundary line betw.een the two properties. Since that time there had been strained relations between his family and Miss Matiu. He objected to the fact that Miss Matiu proposed erecting a white pine fence which he contehded, was contrary io the Borough by-laws. He wanted a • proper boundary fence and quite prepared to pay half the cost. As Miss Matiu went ahead with the work with-

out seeing him, however, he went to see her one morning before he left for work. "Might Have Killed Him" Outlining the course of the interview from this point, Berryman denied that he had used any bad language to Mrs. Matiu until she had struek him with a piece of wood. At this point he became angry and applied one term to her. So far as the piece of wood was concerned, Berryman alleged that it was a much larger and more weighty piece than the one produced in court. It might have killed him, he claimed, if it had struck him on the head. After she struck him with this piece of wood, Berryman alleged, Miss Matiu called him several nasty names in Maori. So far as the youth Marsh was concerned, he was certainly no where in the vicinity — he was probably in bed. In reply to Mr. Carter, Berryman admitted that it was about two and a-half years since he had gone on to Miss Matiu's property and chopped down a number of trees on the boundary fence. He had taken this action witliout saying anything to Miss Matiu. Mr. Carter: You know perfeetly well that there is no by-law about fences of white pine? Well even if there is no by-law, it was no good. You heard what Mrs. Phillip Matthews said about the words you xxsed. Is she telling lies? She is. And Titihuia? I called her a - — but only once. Informations Dismissed Edward Withers denied the story told by the witness Marsh. He said that he had had a bath that morning but it was certainly not with Marsh who, he thought, was still in bed when th srgument took place. Witness had had breakfast and was sitting in Berryman's lorry ready to accompany hirc to work when defendant walked across to interview Miss Matiu. Withers said he heard complainant swearing at Berryman in Maori and saw her throw a piece of wood at defendant. This closed the case and His Worship made short work of his decision "Both informations will be dismissed," he said, "and each party will pay its own costs."