A SPOILT GAME OF FOOTBALL.

Auckland Star, Volume XXXVI, Issue 304, 21 December 1905, Page 5

A SPOILT GAME OF FOOTBALL.

MOBE EVIDENCE ABOUT THE PEA- | RIFLE. Mr Justice Edwards and a jury of four eontmued yesterday afternoon the trial Of the action of Kawana Karaka, I Te Poke Maori, against Tiriipthy Kenealy, formerly botelkeeper at °Te Puke, for £ 500 damages for injuries sustained on the football ground from a bullet alleged tp have been discharged i from "a pea-rifle by the nirie-year-pld son"of Kerieaiy in July of 1903. '.' "", A witness named 'Te Potene ! corroborated tie evidehe? of the shoqtirig incident, and said that he , afterwards spoke to" the boys and asked j them why they shot the< man. One of ' the boys said, fWe didn't' shoot "him." ! "Who "did." then?* A boy named Carter replied, >-Sonriy" Kenealy," and 3aid that he warned Kenealy, without success, "not to"fixe direction. Kenealy afterwards said he fired iat a bird. A boy named Waldron and | a younger brother of Kenealy were also with" themu' r: '" -. Mrs Raymond, wife of a Te Puke contractor, said she saw the boys shooting at birds in a willow tree near the football ground at the time, of the accident. Leonard Kerr, a blacksmith, of Te Puke, said that less than a fortnight previously the "window"of the smithy was smashed by a rifle bullet close to where his brother had just been working. Witness ran out and found young Kenealy, to whom be said, *i l See what you've done." Kerieaiy replied, "I didn't do it. I fired at a fowl." Witness fetch- i ed Keriealy's'father, who J said,' *?JXA they do that?" Witness 5 father, who was very angry, said, ''This win have to be stopped. It isn't "good enough." Before this, witness had seen the boys shooting at a tin near witness' place, arid he warned them to stop. Kenealy senior had once said (»rice"rriing this rifie , that he had sent a bullet through an inch board and for a considerable depth into s tree at the back pf.jt.' TO-DAY'S PROCEEDINGS. Peter Grant, a Te Puke settler, formerly employed at the hotel, said Mr. Kenealy and his boys used to use the pea rifle to kill fowls. ' The boys uwd to take the rifle whenever they wanted it, and had done so in the father's pre: sence. Witness heard the altercation tween Kenealy and Kerr over the shot that broke the smithy window. Kenealy then promised to put a stop tp it. On another occasion witness' own boy Joe was nearly shot by "Sonny 3 ' Kenealy with this rifle, the bullet stirikirig a post 'at his" side. Witness told the boy Kenealy to take the gun inside, but he refused to go, so witness fetched Constable Eccles and reported the occurrence tp him, and showed him the bullet-mark in the post. The constable said he would have to deal with the matter. Later in the same day witness saw a younger Kenealy, aged about sis or seven, running ' down ' xhe garden with the gun. Witness sang out to him to take the gun inside, but he "scooted" off down" the paddock. Witness had heard Mr Kenealy speak admiringly of the capabilities of the rifle and of "Sonny's" skill with it. Kenealy once remarked that the rifle would kill a dog dead at 100 yards. Witriess heard Constable Eccles tell Mrs Kenealy that if she did not take charge of the rifle he would have to do so himself 7"; $fr Earl, at.tbri.clfce.ef his-caso, asked His "Honor to amend the statement of claim by adding after the words (relative to the boy's possession of the rifle) "with the' knowledge arid sanction of the defcnd&iit,'' the words "or by reason of the ntgligence of the defendant." <. Mr Cotter objected on the ground that this was a complete change of front, which he had not -had an opportunity of meeting during his crpis-examinatioh of I the plaintiff's witnesses. His Honor allowed the amendment, reserving to the defendant the right to ask ■ for an adjournment to obtain further ■ evidence on the point. Mr Cotter then asked for a non-suit on the ground that there was no evidence to show that the pea rifle in the possession of Donald Kenealy-just prior to the accident to Kawana was the property of the defendant; (2) that there had,been .no evidence to show that the pea rifle at the time of the accident in Donalds possession got into his possession with any consent or knowledge of the defendant, or owing to any negligence of his; (3) that no evidence had been produced to show that the rifle iri Donald Kenealy's possession at the time of the accident was, when it left the control of the defendant, in a dangerous state. His Honor reserved his decision on the point. Timothy Kenealy said his son Donald (or ".Sonny") was 104 years old at the time of the occurrence. He was a good shot with the rifle, and had been using it twelve months prior to the accident to'the smithy window. The firearm with | which he had sent a bullet through a board and into a tree was an ordinary rifle belonging to John Warrel, used for shooting wild cattle. After the incident at the" smithy -witness locked the pea rifle up in a cupboard, and he had no knowledge of his son ever -having it in his possession, except when in his father s company to shoot fowls The rifle would scarcely carry more than 100 yards. To- Mr. Earl: After the shooting of Karaka, witness' son was summoned by .the police for carrying firearms. He pleaded guilty,-and was dismissed with a caution. No mention was made of Karaa during the case. The case was heard before J.P.s, and (as Mr. .Ban put it) everything went off very quiet* ly. Witness admitted that be owned considers He property at Te Puke, and that his wife was a popular woman. It was true that be had pointed out the pea rifle to his friends as the rifle thai was supposed to have shot Karaka. He believed that one of his sons must have got possession of the key and taken out the rifle without his knowledge. Constable Eccles gave formal evidence, and the ease was adjourned -till 7.30 this evening.