DAMAGE TO PROPERTY.

Daily Telegraph (Napier), Issue 4888, 14 April 1887, Page 3

DAMAGE TO PROPERTY.

John Kelly, on remand, was charged that he did on the 7th April last, at the Spit, wilfully and maliciously commit damage to and upon a certain fence to the amount of 10s, the property of John Gibson Kinross. Mr Logan appeared for the prosecution, and Mr Cornford for defendant, who pleaded not guilty. ' John Gibson EJiuxoss deposed he yim o,

merchant carrying on business at the Spit. Knew town section 524. There was on the

7th April a fence dividing sections 524 and 525. The fence did not exist along the whole section of tho boundary. There was a small gap, a cottage being just alongside. The fence was put up in August, 1885, by himself. Saw defendant on the evening of the 7th April. Saw the defendant cutting

down the fence ; the fence was barbed with

wive. Told him the fence was his (witness's) but he did not stop cutting the fence, and he consequently went and fetched a, constable and had the man arrested.

To Mr Cornford : Warned defendant before he commenced cutting tho fence. It was his (witness's) fence, as also was the land on which it stood.

Mr Cornford put the question whether the witness had tho title to the land, and Mr Logan said the question of title was not involved.

To Mr Cornford: Mr Carlile had the deeds of title. Could not remember what the deeds contained. Ho (witness) sold the land for tho benefit of Daniel Munn's

creditors. Prior to that there was a conveyance from Munn to witness himself and a man named Stewart. Stewart died shortly afterwards. That was in 1559. Had a conveyance of trust for sale. The land was sold to Mr Tiffen by himself, at auction, and Mr Tiffen sold it to Mr Brooking, and from Mr Brooking it was handed to him (witness) by agreement, and then it was mortgaged. Did not know that Stewart was rated for the land. There was a little excitement at the Spit on that occasion. Ho had four men helping him. Remembered having told tho four men if any one was to cut the fence to hit him on the head. The cottage was shoved over on section 521 by his men, aud they had his authority.

Both counsel for defendant and witness were at this stage pretty well excited, aud the witness replied if lie (tho counsel) came on that property he would break his head. Witness continued: The constable refused

to arrest the man, but then was compelled to do so, as he (witness) was a Justice of the Peace, and tho constable was ordered to arrest tbo man.

To Mr Logan: The defendant was actually cutting the fence when he was arrested. Constable Hiir.'ey deposed he knew town section 521. Was there on the night of the 7th April. Also saw defendant there. Saw him hammering away at the barbed wire on the fence, Sir Kinross was inside the fence at the time. Mr Kinross warned him not to interfere with tho fence. He did not stop, and Mr Kinross said, " I give this man in charge as a Justice of the Peace." The man still hammered away at the wire. Consequently took the man in charge. To Mr Cornford : Had been in Napier about twelve years. There was a building on that section, which Stewart was living in. Did uot know how long the building had boon standing, but knew that Stewart had been living in the building for about eleven or twelve years. Knew a man named Merritt, who lived also on the same section. Ho had been living there for about four or five months. Remembered having seen a fence being erected all round the section. Merritt's cottage was on the ground before the fence was. put up, so there were two people in occupation of tho section before the fence was put up. There was a large crowd of people at the Spit on tho night in question. Remembered words being used to the effect '' If anyone touches ! the fence hit him on the head," and heard > afterwards " If anyone touches the fence, | cut his fingers off.'' Mr Kinross used those . words.. There were four men with Mr I Kinross, James Mcßride, John Roach, aud : two others. Mr Kinross asked him (wit- | ness) to take Kelly into custody. , Constable Shannahnn deposed he was at j the Spit on the same night. Saw defendant there, who was cutting away at a fence. Mr ) Kinross was also there, and cautioned the t man as to cutting the fence. The defendant j did not desist, and was taken iv custody by ) Constable Harvey. " ! To Mr Cornford : Could not say under I whose directions Kelly was acting, when he I was cutting down the fence. ) Counsels argued the case at some length. \ James Heron deposed ho claimed part title in town section 524. Had seen"the house on that section for many years. Had bought from Mr Stewart part of the section. On the afternoon of April 7th, Kelly and some other men came to him and said that they had been told that he wanted a cottage pur on that section. Told them that he did, and they said they would rent the cottage from him. He agreed and they had his authority to do what they did. About nine o'clock that night they came to him, and told him that the cottage had been all smashed up, and was lyinsr on tho section. They had instructions from him to knock down the fence to enable them to get the houso on the ground, but the fence was to bo put up again afterwards. When he purchased the land he had no idea that Mr Kinross had any claim to the land. Michael Thompson deposed he remembered seeing Mr Heron ou the day in question. They made arrangements to shift the house on to the section. Heron told him he would get further information from Mr Stewart (the late Mr Stewart's eldest son). Saw Stewart, und he told him what to do. With regard to the fence, Mr Heron had told him to put it up again after they had put up the house. They were interfered with, and tho man Kelly was given in charge. The R.M. dismissed the case.