ALLEGED ASSAULT.

Wairarapa Daily Times, Volume XVI, Issue 5141, 27 September 1895, Page 3

ALLEGED ASSAULT.

» • A NEIGHBOURS' QUARREL. In the Masterton ij.M. Court this morning, before Mr T. Hutchison, S.M., William Keisonberg was charged with assaulting Robert McGnire, with intont to do grievous bodily burin on the sth instant, MrR. K. Jackson appeared for the informant and Mr Beard for defendant. Jn opening the case Mr Jackson said he would not be surprised if the evidence disclosed a still more serious charge. Robert McGuire said lie was a carpenter and resided at Makora road. The accused was his neighbour on one side. He also occupied twoacres, Uiß accused living between tho two properties, At ten minutes to three on the day on which the assault was committed, witness was proceeding to repair a fence at the back of his pi operty. His little girl and hoy were with him, the latter following to where the fence was broken. On passing the back of the section where accused lived, witness saw accused comingupthegardou. He(accused) crossed the fence into Elkins' property, about ten feet away from where witness was standing. Accused told his childron, who wero with him, to remove some wood, saying, " Or those people will tako it away." Witness asked Keisonberg if it was him ho meant. Accused replied " yes." Told him we did not require his wood, having plenty and a horso to fetch more. Accused said witness was a liar, and witness replied," you are a liar." Told him he was no man to stop in tho house and send his wife and family out to beg for him. This was all the conversation that passed, when the accused took a step forward and cut witness on the neck with a knife. The knife was in his hand when witness first saw him coming. It was a knife like the one produced, but could not swear it was the some. The accused than ran away to his house. Witness' boy called, " Daddy, your neck is all bleeding." This brought witness' wife to whero he was standing. The accused was not then prosent. Witness then laid an information. To Mr Beard: I did not need to go to Mr Elkins' paddock for wood. I had no permission to go on Elkins' property. On the day in question I was in Elkins' paddock before either Keisenberg or his girl were there. 1 was only going through Elkins' paddock to niond the fence ou our boundary, I am sure tho exact words used by tho accused wero: "Take bhat wood, or them people next door ivill take it." He was addressing his children, who were sitting on the fenco. I did not call the accused a 'Dutch pauper." I did not make my remark to the accused about the inife, but was watching it. I did not touch tho accused, and did not bow I had been struck till the boy said the blood was flowing. I did :iot strike tho accused orputmyhaud jn him. The accused did not put up his hands to ward off the blows from mo. I had no quarrel with the icciißed, and had not spokoii to him since March last, Tho accused was in a threatening attitude, and I was watching the knife from the timo I saw it ill his hand, Thoro is a clear view from my house to where we were standing, I have not tried to settle this charge, but agreed for the sake of his wife and family not to ippear against him if the expenses were paid, No one spoke direct to mo about settling the matter. I was some time ago bound over to keep tho peace for an assault on Mr Billington, and on anothor occasion fined for assault and threatening language, I have been fined for drunkenness, By tho Bench: The appearance of the accused frightened mo; I noyer saw a man more excited, and I was afraid something would happen, The accused came quickly up the garden towards me, The suggestion as to a settlement, came from others, not from me. Spencer P. Beard, medical practitioner, gave evidence that McGuire had consulted him about a cut on tho left side of tho neck, He found a clean incised cut, the contre being almost throe inehos under tho ear, Tho cut was superficial, rather over three and a-balf inches long. Tho out was inflicted by anupwardskolce, Thero was no danger in tho wound itself, but one part of it was not far from the jugular vein. Any ordinary knifojwould inflict the wound, By Mr Board: The wound was not a stab, The depth of tho wound was practically tho samo all through, It appeared as if the cut had been caused by a man putting hjshandsfoiv ward to protect himself as much as byadeliberatethruit, pjdngUhiiik 1

there would be any difference in the cut whether it was caused by a scuffle or a thrust. Edward McGuiro aged eloven years last August, on oath stated that bo was a son of the informant. ' Was with his father and sister on 1 tho sth of September, and was going ' over to tho paddock with them to fix a fence. Saw Mr Koisenberg I come up, Mr Keisonberg spoke tbo 1 first word, but witness did not hear ■ exactly what it was. Mr Keisenberg called witness' father a liar, ■ and his father called accused a liar i in return, and said he was a beggar fc who sent his wife and children out to beg. Koisenberg then ran at witnoss' father and cut him with a knife. Tho two men were face to face about one step apart, Witness corroborated the evidence of his father. [Lkft Sitting,]