R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4227, 24 September 1892, Page 2

R.M. COURT.

MASTI!)RTON,-FRIDA.Y.

(Before Colonel Roberts, R. M.) ABSAULT, John Tetley was charged that he did, on 15th of October, assault Charles Wragge at Mr Blkitiß* farm Masterton, and solicitation was made for the defendant to be bound over lo keep the peace. ~w Mr W. G. Board appeared for M Wrag»e, the plaintiff; and Tetley who said that ho had expected Mr bkipper to defend him, elected, aa thai £,-itleman was absent, to have the case p-oueded with under his own condu t. The defendant pleaded not guilty, Mr Beard briefly indicated the nature of the charge, and said that the fact of the two being fellowworkers at MrElkins'farm should necessitate the defendant's beititfc' bound over to keep the peace, otherwise the plaintiff, being in fear of attack, might have his employment made unbearable,

Charles Wragge deposed that lio was gardener to Mr Elkins. Defendant fed the pigs und milked the cows on tho same form, On the 15th October the defendant came into the garden and he, witness, greeted him with "Good morning." Tetley then asked him where be had put the barrow load of' green stuff for the pigs, He answered that- he had put it where Mr Elkins it to go. Defendant rejousd tliut he (WroggcJ was ab— I —,'and (hat he had let the pigs out. This he (witness) d-.aied, and told Tetley lo leave the grxden, He then went on with bis work. Tetley made' use oE objectionable language and accused him of having charged the defendant with taking eggs to his sister from Mr Elkins' farm, He told the defendant that he did not think he had made such a statement. Tetley, after Borne more words, hit him a frightful blow on the nose and eye while he was kneeling down to weed, He stuck to bis work, but the blood ran down his clothes, Tetley challenged him to come outside into the paddock. He (plaintiff) replied that if ho did he would knock him (Tetley) down with the spade. Be went on with his duties, but he was bleeding from nine o'clock in the morning until five o'clock at night and in great pain. The doctor Bent him directions for relief. The defendant said the same night: " You b— old b—jiUve you had enough?" Unless he got protection he was afraid of further injury, He had no grudge againtt the man, By defendant: You (Tetley) did not say to me " Gardiner; do not put the rubbish where I havo cleaned up"; nor did you offer to wheel it out yourself, if it was 100 much trouble for mo to properly stow it, I did not tell) ou to clean up after me if you were dissatisfied. I did not say " Go out of the garden , or I'll knock out your heart with the b—• spade." I did not attack you with the spado. I said you bad no right in the garden. I only received one blow, There had been no previous quarrel. Grace Wragge, wife of theiast wituess, corroborated the laser's statement as to the extent of injury, and deposed that the defendant, when questioned by her, raid he had given

her husband " What he b— well -1 deserved," jfl Defendant stated that he was not prepared with the witness forAJs defence, having been unable toJlcure the attendance of Billington, a fellow- . employeo, who was cohvorsant with . Bomo of the facto.

Hi 3 Worship said that if an adjournment was desired, the defendant must pay solicitor's costs, one guinea ; but he would point out that there had already been nmplo time to arrange for the attendance of witnea- ' ses.

The defendant decided to let tho case proceed, The defendant then qare evidence

on his own behalf, Ho stated that he went into the garden to pans through to the cows, as usual, and noticed rubbish put where lie had* cleaned up. He had already com* plained to Wrtggo of tliid tbrco tiroes before, and had offorcd to wheel tho stuff out himself if tho plaintiff would leave it for him to do bo. The plaintiff thereupon told him to clean it up, if he did not like it where it was put. He rejoined that Mr Elkins did not pay him to clean up after plaintiff, He then asked tho latter whyM had told Billington that ho (defendant) was taking eggs from Mr Elkins' farm for his sister. Ho denied having done so. He (witness) said, " Come to Billington, and he will prove you said it." Wragge Baid ho would not, and threatened that if he (defendant) did not leave the garden, he would chop his b—- heart out with the* spade. The plaintiff then ran at him with tho spade—made a rush in an excited manner. To defend himself, he caught the spade, struck Wraggo one blow, and walked out of the gar* den. He did not say that what ho had given plaintiff served him right. Ho had never had a row like this with anyone before. The plaintiff was so terribly excited that anyone would think that howaß going dean through him, The Bpade was projooted against bis arm. By Mr Beard: Ho had always been on the beet of terms with Wragge previously, Ho had no time to get away, and had to jump a leave the garden. He did not if he had not struck the blow, he would have been able to get out, He * only struck one blow in self defence, and which was more sovere through plaintiff rushing at him, It was the statement about tho eggs whioh led to tho trouble. His Worship said that it was clear a blow bad been struck, but the%idenoo as to tho circumstances was conflicting. The defence was that plaintiff had run at defendant with a spado, and under tho necessity he had naturally enough protected himself, ■ Having regard to the facts elicited, Jie would dismiss the case, Mr Beard, solicitor for tho plaintiff, remarked that he should certainly lay a fresh information against the defendant, a course which was quite open to him. « His Worship said that course waa permissible.