A CHEERFUL DISTRICT.

Taranaki Daily News, 11 May 1916, Page 3

A CHEERFUL DISTRICT.

TO LIVE OUT OF. NIGHT DANGERS AT WAREA. AN UNUSUAL COURT CASE. "It seems a rather cheerful neighbourhood to live out of," remarked Mr. A. Crooke, S.M., when a settler at Warea, giving evidence in the Magistrate's Court yesterday, told of how he spent a night armed with gun and revolver on watch for the people who had pulled his gates down, and how he had found gelignite under one gate, and was afraid that his enemies would steal his cattle or blow up his home with gelignite. This was not all. When counsel questioned j the witness as to nine o'clock in the morning being too early for a man to have a drink the witness replied: "What, nine o'clock too early!" They can drink any time out there at"Warea." The case before the Court was a charge against a young man named Harry Brunsden of attempting to fire a gun at James Duggan at Warea on May 5 with intent to do him bodily harm. SubInspector Fouhy prosecuted, and the accused was represented by Mr. J. H. Quilliam. The sub-inspector, in outlining the case, said that Brunsden went to Duggan's front gate with a gun in his hand, and, meeting one of Duggan's children, told the child to tell his father he was wanted. The hoy told his father, and, it appear?, also said that BruniiVa had a gun with him. Duggan then came out and brought his gun. Brunsden was seen to place a cartridge in his gun, which he presented at Duggan and threatened to shoot. Duggan said: "Don't shoot, because .f you do I shall liar.' io iMend myself " Accused did not lire, and after presenting a revolver at Duggan he went away.

'•I'LL BO FOR YOU* Alexander Rookes, manager of the Newall road cheese factory, said he saw the accused on the NewaiL road'on the morning of May 5, and presently Brunsden went into Magon's house opposite the factory, and returned in a few minutes with a double-barrelled gun. Brunsden then went down the Newall road in the direction of James Duggan's house, about a quarter of a mile down the read. After resting on the roadside for a while and examining the gun Brunsden went on towards Duggan's, returning in about half an hour. After talking to somo suppliers outside the factory Brunsden crossed over to Magon's, where he left the gun. That afternoon witness was at Duggan's and he saw the accused there in the custody of Constable O'Neil. Brunsden caught sight of witness and shook his fist, saying "Yon Wesleyan , I'll do for you when I come out on bail." Brunsden then turned round to Duggan and said, "God help you, Duggan, when I come out on bail." James Duggan, a lad of eleven years, son of James Duggan, said he met Brunsden outside witness's place abSut nine o'clock on the morning of May 5. Brunsden expressed a wish to see witness's father, and witness went to give the message to his father. Brunsden had a double-barrelled gun with him. Then witness's father came out and brought his gun with him. Brunsden opened his gun, took n, cartridge out and held it up, saving. "I've got it here," thereupon aiming the gun at witness's father. Witness's mother, who was present, then said, "If you do!" William B. Julian, a boy of eleven years, referred to meeting Brunsden on the morning in question, and Brunsden remarked, "Hello, Bern, I am going to shoot someone." ALLEGED THREAT TO SHOOT.

James Duggan, a farmer, «asiding at Newall road, Warea, said the accused, who was a laborer, had been carrying out a draining contract for witness. Witness had not paid accused anything yet, and could not say how much was owed until he measured the drains. On the morning of May 5, witness's son James came into the house and in consequence of something the boy said, witness went outside the house, taking witli him a shot-gun. The gnn was not loaded. When witness first went outside lie saw no one, but shortly afterwards Brunsden came towards the gate, and said to witness, "Come out here and 1 will blow your brains out." BrunKden tlien took a cartridge out of his gun and then replaced it, saying, "It is here." Then Brunsden invited witness to "come out" two or three times. Brunsden then "covered" witness. Witness told the accused that if he put his foot inside the gate witness would "take to him," and then, without saying anything more, the accused went away. Witness could not describe Brunsden'*. gun. On going away Brunsden remarked that witness was "a cocktail," and he pulled out something which witness thought was a revolver. Mr. Quilliam said the weapon was a revolver, and he produced an old-fash-ioned and highly rusted weapon. Sub-Inspector Fouliy: Is it loaded? Mr. Quilliam: It has not-been loaded for the last fifty years. It was found on a Maori clearing, and it is apparent that the weapon is perfectly useless. GUNS AND GELIGNITE. Cross-examined by Mr. Quilliam: On April 30,* some one removed three gates from witness's property. Up to then witness had never had any dispute or quarrel with the accused. On the Tuesday, May 2, witness went to the house of accused's brother, Thomas Brunsden. Counsel: I believe you were very much armed. What was the extent of your armament? Witness: I had been up all night with ' my gun looking for the people who pulled my gates down. Counsel: Did you have a loaded gun when you went to Brunsderi's? Witness: No, I left it on the road. Counsel: What other weapons did you have? Witness: I had a revolver in my pocket, but it only contained four empty cartridges. I went to see Tliomas Brunsden to warn liirn to keep his brother from mixing with certain company at night. I said I thought the accused was one of those who had taken away my gates. Counsel: Did you say you would shoot him? Witness: Yes, if I caught him interfering with my gates.. Counsel: Did you say someone had authorised you to shoot people concerned in removing you g^tes? Witness: I said I got leave to shoot anyone I caught interfering with my ?itcs. Counsel: From home? Witness: I said a policeman. Of course ' was only bluff. Mr. Quilliam': I am glad to hear that. Witness added that he produced the iti'olver and said he would use it if he (aught anyone interfering with his

gates. Under one of the gates he had found some gelignite, but it had not been exploded. Not only was he afraid more gates would be removed but he thought the miscreants might steal his cattle, and he was in fear they would place gelignite under his house and destroy his home, 1 At this stage Mr. Quilliam submitted that there was no evidence to support the charge of intent to do bodily harm, and as the accused had enlisted for active service, he asked the sub-inspec-tor to see his way to withdraw the charge. To this the sub-inspector would not agree, but he was prepared to have the charge reduced ,to one of common assault. This was done and the accused was convicted and ordered to pay .£4 costs and to come up for sentence when called upon. ,