FARMERS DISAGREE.

Taranaki Daily News, Volume LV, Issue 287, 3 April 1913, Page 8

FARMERS DISAGREE.

A KAHOTU ASSAULT CASE. I What was characterised by Mr. McDavitt, counsel for tlie plaintiff, as a ' most extraordinary case, was heard by ' Mr. E. Page, S.M., at the Opunake S.M. Court last week, when Daniel McCurdy .vas charged, on the information of Henry Walter Harrison, with assault, lioth plaintiff and defendant are fanners residing on the Xgariki Road. The plaintiff*, a young man of ii, alleged that defendant's son came to his farm on the morning of March 7tli to get a horse that plaintiff had borrowed from another i settler on the road. The lad was informed that the horse was in the buck j paddock. Later in the afternoon defendant caught the horse and Hung the gate open. Plaintiff was getting a jug of water at the time, when without warning defendant hit him on the jaw, dazing him, and threatening him with a piece of rata, Plaintiff went inside the whare and locked himself in, when he saw McCurdy smash the jug against a stone and retire, leaving the gate for home. Some trouble had occurred previously over a dvay. Plaintiff was not afraid of defendant's lists, but wanted him bound over to keep the peace, as lie had threatened to do him harm. In cross-examination by defendant, witness denied that be had sworn at the lad or had hit defendant with the jug. Neither did he speak disparagingly of the local policeman. Constable Kelly gave evidence to the effect that McCurdy, whose eye was discolored, had complained that plaintiff had assaulted him, and hnd asked the police to lay an information. I •T X). Hartley, in the employ of the plaintiff', considered that Harrison had merely put up the jug to defend himself when McC'iirdy's face came in contact with it.

Defendant, gave evidence that his boy had gone for the horse in the morning when plaintiff told him that the horse Was in the back paddock, and the boy had to go home without it. as he could not' leave the milk cart which he wis driving. Defendant got the horse in the afternoon, and in reply to a civil question, plaintiff swore at him and said. "You took the ]iorse, so take this!'' hitting him in the left eye with the jug. Witness at, once complained to Constable Kelly about the matter. | Tn giving judgment, the Magistrate said there was a dispute in the evidence [as to who was the first to commence the assault. Plaintiff stated that defendant commenced the quarrel bv hiting him on the jaw without anv cause or warning. TJiis defendant denied. Plaintiff's evidence was supuorred bv Hartley (in the employ of plaintiff), aild he thought that wlcf'iirdv's son should have been called. He was convinced that an as-

s.'iiilt had taken place, and. under the •circumstances, thought that Harrison should receive the protection he asked. Defendant was bound oyer to keep the neace for twelve months in two sureties, jlrmself in HU and one other surelv of £2O. Ife was also ordered to pay costs £1 Bs.—Abridged from Times.