A NEIGHBOUR'S QUARREL.

Wairarapa Daily Times, Volume XII, Issue 3841, 25 June 1891, Page 2

A NEIGHBOUR'S QUARREL.

ASSAM.! Willi INTENT.

In che R. M; Court this morning, before Colonel RobertSi R. M., Augustus Johnston was charged on the information of Christian Carlsen with that he did. on J line 18th un-. lawfully and maliciously wound the informant with intent to do him grievous bodily harm; that be did maliciously wound hioi by striking him with in eidzej ind that he did unlawfully assault him.

MrPownall appeared for, the infor mant andMr Beard for the.defendant

Mr Pownall explained that the case had arisenout of (rneighbour'sdispute as to fencing, and was not very complicated-, although it was . serious. ■ Spencer ;F.: Beard, sworn, stated : : I am a m6dto.»l. practitioner residing in Mastorton. The prosecutor (Carlson) came tome on the.l9th to attend some injury to his head. He had two injuries which appeared to be produced by a sharp instrument on the left side of his head. One was a small I cut about half an inch long on the crown and the other was a cut on the forehead about two inohes in length. I noticed a little clotted blood on the side of the cuts. If two men were facing, I should think the wounds were inflicted by the right hand. Thej were the result of two blowß. By Mr Beard: The cuts were superficial and might have been the result of coming into contact with a sharp instrument. The result of the cuts are hot likely to be serious. Christian Oarlsen, settler, residing at the Fernridge, deposed : I am in formant' in this case. I remember Thursday last, the 18th.. Oii that date I saw the accused. I asked the accused to take his cattle out of my place. This waß between eighjb and nine o'clock in tho morning. The accused made some indistinct reply, and . appeared' to be excited. We had for . iwo years previously been disputing over the fense. After I had spoken to him I walked about cbains away and commenced tp put postp. The accused aftpr wards cape along with Lis cows and-drove them just beside me. He then came rushing at me anil called me a rqgueand a Danish t}iief. He also stated, he would teach me he was not afraid of me. IJe begqn jumping about and pulled me by the coat, Jle struck a{. me and-we'had a scuffle. He then took up the adze, which was lying alongside the fence -where Ii had been working. I pretty nearly got the best of himi when he picked up the adze and struck me with it on the top of the head. When ho struck me he was Bwearing as if he was mad. He afterwards threw the adze at me aji4 s'aid, "I'll ki|l you "yet." ; I got hold of his arm, or lam certaiflf he. would have brained me there and then. He struck me twice with the adze and would have struck me again, bat I escaped. I was almost blinded with the blood from the wounds.' The cuts were not done accidentally, but were, caused by wilful blpwß frouj. the accjisfi^' By Mr 33eard: ®he accused jrepently gave nje notjge io fence niy boundary line, Oh the morning of the 18th I wont up to the accused and said, ' Will you take your cows, or I shall?' Rose was present at the time. X could nothear the reply of the accused. The accused started to drive the cattle out. When he called me a thief .and aroguelsaid I waS I did not strike at him when he came lip' with tjie'&ttle. ' J bad"often been threatened by him. ' )ie came up I bad an axe and saw in roy hand. I did not kick him and brandish the ue over his head. I threwthe axe away. The accused, picked up the adze which was about twelve yards away. I did notsee him do it. The | wound was not eausedf by iny. coming

into contact wicn the ate which in my hand, I might havo him names, but I hardly Knew was Baying after I received the ''. 1 told him ho was a bigger rogue nie, and whs trying.to take character. After the struggle IweMlifc on with my work, butafter remaini4flfr| about half a» hour< I had to go and wash the wounds. Before I wapM: struck with the adze we werp ling about " for nearly ten " minaKa/f'f Ou the following morning 1' went; aea Mr Pownall, and afterwards wenjt'X, to see the doctor. > i V| :By Mr. Pownall: At the time ofi".. the row the fencing business had beefr . - settled. ' . By the Bench : The struggle took place on iny land, ' , Albert .Rose, a farm band working / on the Fornridge, deposed that be * was present, with Oarlsen when the latter spoke, to Johnston; and told him&s to take his cattle off his- laafi* Johnston replied, telling him 'to utte them, off himself. He said Carlson's - time was t up for erecting the fence and he • ought to take them ' off. Witness then saw' Garlsen resume bis work.

For the defence Mr Betid' con» ■'. .tended that the object of the three informations was to^HmrraM,. 'worry, and annoy the aeoused,. ind showed clearly its weakneas. - • He; ■ would show that. there was tiot i the

slightest grounds for the'informations so far as the indictable offences were ' concerned. The suggestion .of " the v informant was that the accused hqd committed a murderous assault, he would adduce evidence wjiich would absolutely contradiot that of the infprmant. Augustus Johnston, sworn, deposed t am the aooused in this case. About nine o'clook on Thursday,; the 18th, Cat'lsen came along -with a young man . named Bose. He sang out, "Will you come and take those,cattle away from my paddocks ?" I replied; "I will." He told use. of his paddock as a' ' night paddock. I then . went, and- fetched the cattle off. Thecattle hadstrayed through' his feace not being up. In taking the cattle off the-ground I bad to pass by where Oarlsgn was work" ihg. I halted when*oppositeto speak to him, when he acousedme of keeping my cattle t>n his He called me a Swedish: rogfe* I think. I called him' something similar back. H« then took;-Qp a small crossout Baw and brandished it about, - saying he would do some* thing, to md. He threw the saw. down and came andmade a blow at me, s ril stepped back and evaded it. I made a blow at him and missed him'also..He took tip the aye and lield'it over, me; at the same-time kioking me. ! ~< ifell down, but got up a 8 quick,«*ipossible and triod to . take the kxe/from him* We were. struggling for. fully* minute. and at last I gqt.theaxefrota him and threw it down!,. X tb<sjj|tV two or three specks of .blood oiTkhe left aide of his face, but I : cannot say hoV they were caused;; • I did not mean to I did not make a blow.withthe or any other inatruuent.i'.X vnevoii saw an adze, and am certain I:. did not use one on that .day.? After'l had wrested the axe from'him.he; ?ent behind a log and threw piecesof wood at me. He called me' a few names. I called him the same, and-1 then took away my cattle* and we both went to work; It was a good hbnr; l>4fore ' Oarlson went to dinner.,. 1., saw.him [ at work the B&tne afternoon..: ,■ else took place between us., ; v . At this stage the Court adjourned till two o'clock,' , < i • I " .