STORY OF A GUN

Sun (Auckland), Volume III, Issue 720, 20 July 1929, Page 6

STORY OF A GUN

NEIGHBOURS’ DIFFERENT VERSIONS ASSAULT CHARGE DISMISSED (From. Our Own. Correspondent) l’L'liEl{O}lE, Friday. “He put his fingers to his nose. told me to go to —, pointed the gun directly at me and fired.”

This statement was made by “'illiam James Henry, a. farmer residing at Springrnount, about seven miles south of )lercer, in the Pukekohe Court this afternoon, when Eric Gregory. aged 24 years, who comes from the same district, was charged with assault and a breach of the Arms Act by pointing a gun at Henry. -

In evidence, Henry stated that on June 19 last he was Dancing in a paddock adjacent to his neighbour, L}. A. Gregory. After lunch he instructed an employee named Fowler what to do. Upon hearing several shots near his boundary and seeing 2L dos; running about from where the iiring was tak—ing place, witness proceeded in the direction of the boundary between Gregory’s and his farms. \Vhen he was about five chains from the gorse fence on the boundary he recognised accused's Voice.

“I heard another shot, and pellets landed around me,” continued Henry. Witness said he proceeded further and told Gregory to be careful.

It was then that Gregory was al~ leged to have fired at Henry. Witness went on to say he called to Fowler to come to him. Again accused pointed the gun into the wind and fired at him. GUN RELOADED

"I called Fowler again,” said Henry, “and Gregory then ejected the two empty shells and reloaded. He pointed the gun at me again, but apparently when he saw Fowler coming he stooped down to pick up the shells and made off toward his home.” To Sergeant J. T. Cowan, witness said the strong; northerly wind carried the pellets away from witness. “Each time he pointed the gun to lire he allowed for the wind,” continued Henry. With his second shot he allowed more for the Wind than he did previously. Fowler was working on a rise about ten chains distant and could see What was going on. The first shot was fired when witneSS was at a. gap in the hedge. Before Gregory reached his home, some fifteen chains away, he fired another shot, but witness could not say what he had aimed at.

“There has been for several years past a lack of friendship between the Gregory's and nlyself,” stated Henry, when asked by Sergeant Cowan if he could account for accused’s action. “My wife had to take an action for slander against Gregory some years ago." Henry expressed the opinion that the hostile attitude of the Gregory’s, which extended over a period of years, would account fox- accused's attitude. “NOTHING AGAINST MAN”

“I have nothing against this mam,” declared Henry. "When he goes through my place he often leaves the gates down, and when told not to do so he uses abusive language.” “\Vhen he fired at me, I said, ‘You can go up for that now.’ ” Counsel, Mr. E. S. Blomfield, asked witness Whether he was aware that Gregory was mustering sheep on the date in question. “It is a. funny thing to go mustering sheep with a gun,” he retorted. VValter E. Fowler, who was working out of witness's sight, said he heard several shots fired during the after—noon and saw Gregory’s sheep running about. “I heard Mr. Henry coo-ee and I saw him on one side of the fence and Greg—ory on the other. Gregory raised his gun and fired 'in the direction of l\lr. Henry,” said Fowler. “I heard him coo—ee again, and thinking he was hit I ran down toward him. Gregory raised his gun again, but did not fire; he picked up something frmn the ground and walked in the direction of his house.”

Constable G. DI. Douglas, of Alcrcer, related having found a wad from a. shotgun cartridge near where the shooting was alleged to have taken place. - STORY DENIED The father of accused, George Alfred Gregory, stated that his son and himself were “crutching” sheep until noon on the day in question. A complete denial of the episode was given by the accused, Eric; M. Greg~ Dry. He corroborated the evidence of his father regarding the crutching operations. After his parents and one sister had left for Mercer, he assisted his sister to wash the dishes. She helped him to yard sheep in return. Gregory said he walked over to the paddock toward Henry’s along the ridge to bring sheep back. Accused was positive that he did not carry a. gun on the way over.

To his counsel, Gregory said he saw two men in Henry's property, but was not near enough to identify them. Eileen Elizabeth Gregory corroborated the evidence given by her brother, and declared he was not carrying a gun. PERJURY OR ERROR? Summing up, I\lr. F. H. Levien stated that sozne of the parties had perjured themselves unless there was a. mistake with the dates. He would not accept the responsibility of. saying which side had given a. truthful account of the episode. A minute examination, however, might have resulted in the responsibility being fixed one way or the other. ‘ “From the witnesses, as I see them, I could not say I was more impressed by one set than another.” the inagis—trate added. “Undoubtedly there is feeling on both sides. No jury would say that it had been proved conclus—ively that this young man had pointed; a. gun at Henry.” I_

The case was, dismissed without prejudice.