INTENT TO DISABLE

Northern Advocate, 3 May 1933, Page 4

INTENT TO DISABLE

FARMER ACCUSED,

DISCHARGE OF FIREARM,

(Special to “Northern Advocate.”) AUCKLAND, This Day.

Charged that, with intent to disable, he discharged a firearm loa'ded with destructive material, Samuel Trail, aged -to, a fanner a Hnnua,. rvas placed on his trial at the Supreme Court yesterday afternoon before Mr Justice Smith. Air Weston prosecuted on behalf of the Crown and Mr West appeared for accused, who pleaded nt guilty.

Mr Weston said the evidence would show that the accused had a property adjoining that of Samuel and Henry Head. On the afternoon of March 2 the Heads had visitors, and on going outside the house to do some work to a van, Samuel Head saw* Trail driving about 30 pigs belonging, to Head to-a turnip paddock belonging, -to, -aeettsß.ff. Samuel Head saw the pigs go through a gate giving entrance to Trail’s turnip paddock and went over to drive them back. Trail then appeared, leading his horse and carrying a gun under his arm. He said to Head: “Get off my property or I’ll shoot.” Samuel Head turned to go and then heard Trail say: “Oh, your big brother is here, too. Well, get off, oi’ I’ll shoot yon too.” These remarks were made to Henry Head, who had apepared. Putting the gun to his shoulder, Trail fired at Henry Head. The latter “ducked,” and mounting his horse Trail moved away. Next day an empty cartridge was found in the paddock near where Trail was alleged to have’ fired at Hoad.

Samuel Broadbent Head, in evidence, said Trail raised the gi'm to his shoulder and deliberately fired at witness* brother. The brother ‘•' ducked * * down, then rose and got outside the fence. The pigs had scattered and Trail rode after them. He shouted out: “I’m going to pound these pigs; this Is where I get my revenge; every dog lias his day.’*

To Mr West: He had never seen his pigs going on to Trail’s turnips nor had he ever heard they had done, so, Trail had deliberately driven the pigs on to the turnip paddock. There was a hole in the fence, but witness had not troubled to block it up. At this stage the Court adjourned.