QUARRELSOME NEIGHBORS.

Taranaki Daily News, 29 January 1919, Page 6

QUARRELSOME NEIGHBORS.

BAD LANGUAGE AND CLODS OVER ' !PALIN T GFENCE.

In the Magistrate's Court yesterday morning, before Mr A. Crooke, S.M.. Maria Mary Cameron, of St. Aubyn St., New Pymouth, sued Albert fiance Pierson Harris for the sum of £ 10 damages, alleged to have been caused by defendant throwing a elod of earth which struck plaintiff in the eye, necessitating medical attention. Mr P. B. Fitzherbert represented plaintiff and Mr A. A. Bennett appeared for defendant. Plaintiff in her evidence stated that Marris lived next door to her. On .December 12th last about mid-day, she;, heard some boys quarrelling juat outside the window of her bedroom. She*. went out to stop them, as Mr Cameron, who was a nightwatehman, was sleeping in the room at the time. Marris at the same time came out and broke through the paling fence into witness' yard, using at the same time very drrty language to her. She said: "Don't use such language. What do you mean by coming into my yard?" Defendant thereupon used even more filthy language to her. tie went back into his own place and picked up a clod and threw it at witness, hitting her in theeye. Her eye was very sore for three or four day? and she had to go to Dr. MrCleland, to have it attended to. She had not suffered any bad after effects from the injury. Cross-examined by Mr Bennett plaintiff "denied that the for.ee between the two properties was all broken down. She admitted, however, that it was "Very weak," and that it would take no particular force to get a paling off. I put it to yon Mrs Cameron, said Mr Bennett, that you are the cause of all the trouble between yourself and the defendant. Witness—No, Pm not. Haven't you complained to the police about Marris?—Yes, when I had my window broken. How many complaints have you made in the last 3ix months?— Three or four. And the police have refused to take' any action, haven't they?—l don't know; ttey haven't told me. Didn't you complain that dirt had been thrown through the window on to your bed?— Yes, by Marris' son. _ And didn't the police say they considered it would be impossible for Marris' son to throw dirt into your Toom from his yard ?—They didn't' report to me; I never saw the policeman. Havo you complained to the police about this case?—l was just passing, so called in and told the inspector what had happened.

And what did the Inspector say?— He told me to see my lawyer. Reverting to the incident witness stated that when her husband came out into the yard she said to him: "Look what he's after doing—blinding my eyes with clay." Marris got the. clay from his own side of the fence. Defendant continued to use the same filthy lana-u----age when Mr Cameron came out, and witness said also: "Look at the dirty coward, he's running away when he sees von coming."

John Cameron, nightwateirman, said that on December 1-2 he was awakened by a disturbance in the yard, about midday He heard some very filthy language being used, and he dressed' quickly and went out into the yard. He ssw his wife with her hand over her eye. Marris was then in his own yard, using very filthy language to witness' wife. He looked as if he had been taking part m some trouble. He was "holding forth " Plaintiff's eyes were verv red. and had garden mould in them. A neighbor from the other side came and bathed the dirt away, but was not able to get it all'out, and witness took hj» wife to Dr. McCleland.

Mr Bennett said the defence would be a denial of the assault; but if the assault was deemed proven the amount of damages would be contested- It was, in fact suggested that plaintiff had rablied dirt in her own eyes for the purpose of bringing this case against.Marris. Defendant, who said he was a laborer, stated that on the day in question he was home having dinner when- he heard trouble outside. He had had trouble with his neighbor on several occasions. He saw his own boy and a boy named Johnson quarrelling near Mr Cameron's window, and he hurried to shift them so that Ihey would not disturb Mr Cameron, who he believed was asleep in the room. He came at such a speed that he was not able to stop himself, and went right through the fence. The boy Johnson ran away to his own place. Witness saw Mrs Cameron, who said: "How dare you come into my yard!" Witness replied by saying "that all the trouble was caused by Mrs Cameron backing up the boys to fight under Mr Cameron's window and so making a.disturbance. Witness then went back, and when no had nearly readied his own door heard Mrs Cameron call ont: "Now, here's Mr Cameron; come and talk to him like x <yenilenian." Witness came hack, but "couM'not get a word m edgeways." Mrs Cameron's language was t.'.o bad to repeat. She referred to witness' wife as ,i. prostitute and called the children bastards Cameron s.-ij he, had had no sleep for three days because of witness' children fighting in the yard, Witness said it was a d lie, to. which Cameron responded by call in:; witness a b—- liar. Mrs Cameron then tried to throw pieces of l>r .'•-■n pnling at him.'. He never threw anything at Mrs Cameron. He had had a lot of trouble with Mrs Cameron previously

To Mr Fitzhereert: He was not on bad terms with the Camerons. He always passed the time of day with Mr Cameron, and on one occasion had read a. telegram in the street for Mrs Cameron, which'she had iust received from the Defence Department. After having' been ar-ouscd of annoying Mr CamciVn he did not want his boy to i-anse trouble. Mr Flt'/.herbert: You believe then, that Mr and Mrs Cameron have lied m thenevidence, and that your story is the true one

Witness: .u'v at or • .; r? i.za a..: it is possi!,!,. io hj-.' In reply to furti.-.r q-.-.esfions. witness slated he believed plaintiff had rubbed the dirt in her own eyes in' order to bring the case against Tiim He natl not seen her with'her eves much inflamed. He had not seen her since that day until outside the court Mr Fitzherbert: And then you pul vour finger to your nose at her?—No, I didn't. Mr Ts«{ von did. Elizabeth Marris, wife of defendant stated she was in her dining room at the time of the incident The window was open, and she had an "excellent view" of al! that hanpened. fsbe caw the boys fiehting. and she al'o heard the men exchanging oaths- She did not See her •Tmohnnd nick up anything and throw it «t Mm Cameron. She heard Cameron MO "111 «w if I can't get you shifted."

Plie had had no trouble with neighbors on the other side of her In fact the lady there had said that she could hardly credit that witness had five ctiidren, there was such a little noise about the place. Ciias Henry Marris, son of defendant, also gave evidence. He said the fighting arose through the boy Johnson, who was on Mrs Cameron's washhouse, calling him a "cocktail." Witness did not "cheek" him back, but went after him. He never saw his father "go through the fence," or throw anything at Mrs Cameron, or anyone else-

In giving judgment tor plaintiff, the Magistrate s'lid he was disinclined to believe that she had rubied dirt in her. own face. He believed an assault had been committed, and assessed the damages at £l.

ages at £l.