A NEIGHBOUR'S QUARREL.

Wairarapa Daily Times, Volume XVI, Issue 4923, 11 January 1895, Page 2

A NEIGHBOUR'S QUARREL.

At the Masterton S.M. Court this morning, before Mr T. Hutchison, S.M., Joseph Billington sought to have Robert McGuire bound over to keep tho peace, Mr W. G. Beard appearing for complainant and Mr 0. A. Powuall opposing. Complainant stated to the Court that one day while working in his garden, McGuire came up to him in a state of intoxication and asked him to light, stating that he (complainant) was starving. While McGuire was threatening witness, defendant's wife came and took him away. He had been threatened upon several previous occasions, and dare not leave his wife and family at homo by themselves, as MoGuiro had shewn great animosity towards them. Had never given defendant any provocation for so doing, aud did not think his family had either, Wm. von Koisenberg, on affirmation, stated that he was living next door to Mr McGuire at Makora. Remembered the evening of Boxing Day, when he saw McGuire standing next Mr Billington's gate, and heard him use bad language towards the complainant and threaten to punish him. Witness was standing outsido his own gate, and about three chains from where the altercation took place.

b A son of the former witness gave ■ evidence as to hearing the defendant call Mr Billington a hound and a I our, aud asking him to come out and , fight. Complainant did not strike at r McGuire, but simply closed tho gate ' upon him, the closing of which | knocked tho defendant down, - Edward L. Leeks, sworn, related ; how, upon hearing a dispute going • on in the vicinity of his house, he | went outside, when he saw the de- , fendaut throwing his armsab out in ! a very excited manner. H rdceri tain bad words used by the d e fendant ; towards tho complainant. Could ] not say whether defendant was excited by intoxication or not, Lived i near defendant's house, and went | inside during the dispute to prevent , being inked up it it. I Annie Billington, wife of tho comt plainant, gave corroborative evi--1 dence, Was afraid to bo left at home alone, fearing the defendant would renew his attacks upon her- , self and family, This concluded the evidence for i the complainant. : Robert McGuire, sworn, stated ho was a gardener residing, at Makora, On the 25th December, his wife and himself went up town, and upon returning found that during their absence Billington's children had quarrelled with his. Next morning he found part of his garden strewn with stones and bottles, damaging his onion beds very considerably. Saw the complainant and went up to him and complained of tho annoy ance caused by the children, and received tho answer that the children could say and do what they pleased, whereupon he called complainant'a cur. The gate was closed so suddenly upon him that he was overbalanced by it. Bore no malice towards complainant,and did neither strike or use bad language towards him. Did not attempt to strike the complainant, who stood within the gate.. Believed the evidence of mist of the other witnesses had been mado up to do him an injury. Was not intoxicated upon tho day in ques-l tion,. but may have had a drink. Janet McGuire,'wife of the defendent,atated that she saw her husband at Billington's gate, and heard him tell him about the annoyance received at the hands of complainant's : children from time to time. Com- ] plainant informed her husband' that • his children had every righiftodo and say as they wished. Was sure I that her husband was not intoxicated : that day, as'lie had 'drove; his family. * tp and from the picnic. Romembered herhusbnmlcalled complaihantalow •

cur, also saw complainant strike at Levhusband. His Worship said there was sufficient ground for binding McGuire over to keep the poace,and he would have to find a surety of £lO, and be bound over for six months.