SHOT FIRED.

Auckland Star, Volume LXIV, Issue 70, 24 March 1933, Page 8

SHOT FIRED.

FARMER CHARGED. INTENDED TO INJURE? BROTHERS QUESTIONED. (By Telegraph.—Own Correspondent.) PAPAKURA, thie day. "This case hae already been once diemissed. The matter came before the Court here a fortnight ago, and the J.P.'e who presided found that no prima facie case had been made out," declared Mr. F. L. G. West, when Samuel Trail, farmer, of Hunua, appeared in the Papakura Police Court this morning, charged with discharging a shotgun loaded with destructive material, with intent to injure Henry Thomas Siddell Head. Mr. F. H. Levien, S.M., was on the Bench, and the prosecution wae conducted by Detective Knight. In reply to Mr. West, the magistrate said he did not know anything about the case, and had not even read what wae in the newspapers. Counsel suggested that time might be saved if the evidence taken before the justices were read, but the magistrate intimated that he would prefer to eee the witnesses under examination and cross-examination. Giving evidence on similar lines to that given by him at the previous hearing, Henry Head, of Otorohanga, said that when he was visiting his brother's farm at Hunua on March 2 he saw Trail herding his brother's p;gs on the road adjoining both their properties. He did not see Trail drive the pigs further, but some time later saw them in a turnip paddock on Trail's property. His brother, Samuel Head, was entering the paddock also, and Trail, who was on horseback, was warning him to leave. Witness said he saw Trail get off his horse and point a gun and take aim at his brother, at the same time threatening to shoot him. Witness then went into the field himself, with the intention of driving the pigs home, but Trail called excitedly to him to "get off" or he would shoot him. As he'did not immediately comply, Trail pointed the gun towards him and fired a shot, which passed very close to him. He then left the property. Mr. West: Did you think Trail was going to murder you ? Witness: I was worried when he pointed the gun at me, although I thought it was only bluff. The Magistrate: Why did you go on the property to interfere with their pigs? They were doing all right on Trail's turnips, were they not? Witness said that he wanted the pigs back on to his brother's property, although he admitted that at that time he did not know that Trail intended to impound them. Mr. West continued to cross-examine the witness closely for over half an hour. Samuel Broadbent Head gave evidence that when Trail approached him in the turnip field he appeared excited. He got off his horse and pointed his gun at witness. "Here's Your Big Brother." When his brother Harry came up Trail turned his attention to him, with the words, "Oh, here's your big brother, too." Trail ordered them both off his property, and, letting his horse loose, fired a shot at Harry. The pigs were then driven by Trail towards the river. Mr. West: If your brother told the Court that Trail had raised the gun and taken aim at you he was not remembering correctly? Witness: No, if he said Trail aimed at me, he was not correct. Then, if he said also that when talking to you, Trail.had not the reine over his arm, he would not be remembering correctly ?—lf my brother said that he would not be remembering correctly. (Proceeding.)