RESIDENT MAGISTRATES COURT.

Temuka Leader, Issue 2258, 24 September 1891, Page 2

RESIDENT MAGISTRATES COURT.

Geraldine—Tuesday, Sept. 22, 1891. [Before C. A. Wray, Esq., R.M., and H. W. Moore, Esq., J.P.] ALLEGED ASSAULT AND ILLEGAL SEIZURE AND RESCUE OP CATTLE. George Cross charged J. D. Jones with illegal rescue of cattle, and also with assaulting him on 27th August, and asked for sureties of the peace. There was a crossjiction in this case of two charges preferred by J. D. Jones, one against Mary Cross for illegally taking possession of cattle, and one against George Cross for assault. The Bench decided to take all the cases together, as they arose from one cause. Mr J. Hay appeared for Mr Cross and Mr J. W. White for Mr Jones. George Cross, sworn, said that he was a farmer living four miles from Geraldine. Mr Jones occupied land adjoining his. They had been neighbours for about six years and a-half. On the 24th August last he had occasion to go away from home to work. He returned on the following Sunday. His wife reported something to him, and he went down to Jones’ house. Saw Jones’ wife on the road. He asked to see J ones. Jones came out on the road, and he told him how his wife had told him that he threatened to brain his son Edward, and had taken away a beast the boy was impounding, and he asked why witness came over, and witness replied that he wanted to see if he was going to continue doing such unneighbourly things while he was away from home. Defendant said he intended impounding plaintiffs cattle whenever he got the chance. Defendant shortly after called him a liar, and witness was walking away when he got struck on the side of the head, and on turning around received a blow on the face. Witness said to defendant, “ You have struck me twice, but I don’t want to fight.” Witness then walked backwards. Defendant caught him by the waistcoat and tore it away, and tore his scarf in two. Witness never struck any blows. Defendant then tried to jump into him, and got hold of his whiskers and dealt him two blows on the face. Witness then tried to pull his hands away and in going back ' stumbled and fell on the broad of his backDuring the scuffle witness struck two 'blows at defendant in defence. When he fell defendant kicked him , on the left thigh.: Got on top of him and struck him on the forehead and afterwards caught him by the throat saying, “ I’ll strangle you you b . Witness then called to his wife. He then saw his wife held by Mrs Jones (defendant’s wife), around the waist. Witness’ wife was screaming “Murder.” Afterthat Jonesgot up and went away. If his wife hadn’t called “ murder,” defendant, he believed, would have strangled him. He afterwards saw the doctor and gave information to the police. He was bad for nearly a fortnight after with the sores inflicted by defendant. He was in fear of defendant as the latter had threatened before on several occasions to strike him. Defendwas a man who had been before the court before for assaulting someone! When defendant’s cattle strayed on witness’ land he always sent them back. The only time witness had impounded anything was about one month ago. Witness had returned stock about nine times, whilst defendant had impounded witness’ cattle aboqt ten times.

To Mr White: Witness had never been before the Court before for assault. He had been on the Waitohi Flat at one time and the only times he had been before the Court was for abusive language, when the case fell through, and other cases which fell through. He believed Jones to be a dangerous man. Although cautioned by his wife, he still went to defendants house, but he took his wife with him, because defendant, he thought, wouldn’t strike him when anyone was present. He thought it his duty to go for the protection of his children. Defendant had him down about five minutes. Witness saw Mr Herlihy, the poundkeeper, on the day of the row, and told him that Jones had assaulted him, and never said anything about being hit by a stick. He saw a man named Collie, but had never told him that he would give Jones a beating. He knew George Loach, of Orari, and George Batty. He had never them that he took off his coat and wanted to fight Jones, at one time. He had never waited to fight defendant at any time.

Mary Cross, wife of plaintiff, deposed that while her husband was away Mr Jones’ beast strayed into their property, Mr Jones had impounded some of their sheep before. While she was at breakfast she heard that Mr Jones’ steer was eating “ Cherry’s ” food. She went to the door and saw the steer eating the food, and sent the boy to drive it away, She told the boy then to take it to the pound. The steer could could get through the boundery fence easily. Mr Jones had repaired the fence since. She had spoken to Jones, and said “ Why are you always hanging about our gate withfcgorshakuife V’

and he said he would “ do for Cross someday.” She had seen him waiting about the gate several times, and fearing hia intentions were not good, had always gone out to meet her husband. She was present at the altercation between her husband and Jones. She heard Jones call her husband a b liar. She saw all that took place. She saw him with her husband on the ground and thought Jones was running a knife into him, and • she called out about it to Mrs Jones. Mrs 1 Jones said “ Don’t kill him Johnny, don’t kill him.” Her husband was hardly recognisable when the scuffle had ended, he was so bruised and bleeding. To Mr White: She had said to hi* when he was taking away her husband’s sheep to the pound, “ Oh, I suppose you’ll be able to get another five bob for a dress I for your wife,” and he replied that he would like to thrash her. She was" not ■ afraid of defendant during the daytime, ■ but was at night. Dr Fish, deposed that when Cross came to him he was bruised about the forehead, across the nose, on the left ear, and his J eyes were blackened. He complained of pain under the throat and in the neck and head. There was a slight bruise on the ; left thigh. Had Cross been nearly strangled he would have thought to see some marks of it on the neck, but did , not. : Margaret Cross, daughter of the plain- • tiff, deposed to finding the steer'in her ' father’s paddock. Edward Cross, son of plaintiff, gave - ' evidence of that he went to take the steer : to the pound, and had got about threequarters of a mile when Mr Jones came up and galloped the steer back to his own place. Mr Jones then came back to witness and held a stockwhip over his i head and said he would knock witness’ brains out. John Cross, son of plaintiff, gave evidence coroborative of that given by the previous witness. Joseph Loach gave unimportant evil dence. Constable Willoughby was put in the - box to give evidence as to the defendant i being before the Court on other oc- ; casions. This closed the case for the prosecution, and for the defence Mr White called i John Jones, who deposed that in coni sequence of what he heard went on the 27th, about 7.15 a.m., and watched Mrs Cross, who had a tin bath at the crossing. She was beating the bath. At last the . caff went over to her, and a young boy . got over the fence behind the calf, and the calf went through the fence into Mrs Cross’s. The other boy then attempted ; to drive the calf off to the pound. Witness t went after him, and said he would give ; him in charge for stealing cattle. The > boys stopped driving it, and the calf went . back to his own paddock. He did not I threaten the boy in any way. Didn’t , raise the whip over the boy’s head and l say he would brain him. When Cross l came to him on Sunday morning and ) said “ You have insulted my wife; you r put my sheep in the pound and tied their I legs, and you have threatened my boy,” i witness denied all the charges except i putting the sheep in the pound, which he considered he had a perfect right to do. He then said “ I know I’ll have no peace , with you until I give you a perfect , hiding. Joe Loach, at Orari, told me I’d » have to do it if I wanted peace.” Witness l replied “Is that what you came here this > morning for?” Cross said “Yes,” and i accompanied the “ yes ” with a blow on • the cheek. Witness then returned the . blow, and both took off their coats and ; they had a good fight, and Cross got the . worst of it. < ! To Mr Hay: He could not say how i they got the calf through the gap. It i seemed to fall with its head down and ' slip through. He did not attempt to ' drive the calf back. It went back itself after the boys stopped driving it. He did not kick Cross on the thigh, and did i not seize him by the beard. Never . heard anyone call out. “ Murder.” To the Bench: He never attempted to strangle Cross or catch him by the throat. Esther Jones, wife of previous witness: Remembered seeing Mrs Cross at the creek rattling an old tin bath, on the morning of the 26th. Mrs Cross was trying to decoy the calf into her property. With regard to the scuffle on the Sunday witness gave evidence similar to that of her husband. Timothy Herlihy, poundkeeper at Geraldine : Remembered a conversation with Mr Cross about the trouble between him and Mr Jones. He said Jones struck him with a stick. To Mr Hay ; He might have mistaken Mr Cross, who might have meant that he had been hit some other time with the stick. John Collie: Had a conversation with Mr Cross about the fight. He said “ they had a fight and Jones knocked him down.” He considered that Mr Cross was a peaceful man. He could not tell whether Mr Jones was- a man addicted to fighting. He heard that Cross had taken off his coat to fight Jones. ' George Batty, farmer: Remembered Cross saying to him some time ago that he went to Jones, and took off his coat to fight, but Jones went away. * . . - ! < George Loach, farmer: Remembered Cross saying some time ago that he lost his temper about some pigs, and threw off his coat to Jones, but did not say that he fought him. He believed Cross to ba a very peaceful man. He told Cross ha did wrong to throw off his coat, and Cross; said he was sorry he did so. James Simpson, farmer, gave unimportant evidence. This closed the case. The Bench considered the evidence to be of a very extraordinary contradictory character. It was quite apparent that both parties could not have told the truth. It was a case of oath against bath, and a very difficult one for them to decide. As far as the fight was concerned they thought Jones’s story was probably the true one, but with regard to the rescue of the steer it was difficult to decide. Under the circumstances the only thing they could do was to dismiss; the whole series of charges; each party to pay their own costs. The Court then rose.