NEIGHBOURS' QUARRELS.

New Zealand Herald, Volume XXIX, Issue 9037, 16 November 1892, Page 3

NEIGHBOURS' QUARRELS.

At the Police Court yesterday •■ morning, before Dr. Giles, R.M., an assault case, arising out of a quarrel between two residents of Birkenhead, was heard. A large number of witnesses were examined, the case occupying a considerable amount of time. •

Benjamin Tapscotb Hawkins was charged with having, on November 10, 1892, unlawfully assaulted Herbert Jones ; and Herbert Jones was charged with having assaulted Benjamin Tapscott Hawkins. Mr. O'Meagher appeared for Jones, and Mr. S. Heaketh for Hawkins.

Herbert Jones, fruitgrower, of Birkenhead, deposed that his land adjoined that of Hawkins. There had been some trouble between them as to the impounding of certain cattle. He was ■ standing at his owu gate on the morning in question, when Hawkins came along the road. Witness told Hawkins that it was mean of him to have the cattle impounded after witness had agreed to the erection of the fence required. Hawkins said he would impound witness's cattle whenever ho came across them. As witness turned away, Hawkins gavo him a brutal, violent kick on the leg. A rough-and-tumble fight ensued, both parties falling together in the mud. When Hawkins got up, he shouted for assistance, and his sister came. Hawkins then said, " Strike me now," bub witness declined the invitation. . Witness did not strike Hawkins first, nor did he says, " I'll kill you." Fully a dozen blows passed between them. Mrs. Jane Jones, wife of the previous witness, deposed that she was close by her husband, with her boy, when Hawkins came up. She corroborated the evidence of her husband. Witness tried to separate them, and succeeded.

William Jones, son of Herbert Jones, also gave evidence. Dr. Walker deposed that; he had attended Hawkins. Ho was suffering from injuries to his ear, his temple, and bis mouth. These might have been caused by blows. Benjamin Hawkins, fruitgrower, deposed that, on the day in question, he was passing Jones, with parcels in both hands. Jones came up with his coat off and sleeves tucked up, and said to witness, " You impounded my cows." Witness said "Yes," and immediately afterwards Jones struck him on the temple and knocked him down. He struck witness several times. Witness was knocked down again, and Jones got on top of , him and- continued striking him. Jones said he would teach witness to impound his cows, and threatened to kill him. Mrs. Jones eventually pulled her husband off. Jones said to her, " You saw him strike me first." Witness gave no provocation, but ho kicked Jones during the struggle. James Randall Gascoigne deposed that he knew the parties concerned in the case. Ho heard some noise and shouting, and proceeded to the vicinity of Jones. He saw Hawkins there in a bad state. He was covered with mud, and looked as though he had been knocked about.

Robert Patterson deposed that he saw Hawkins and Jones fighting. Hawkins was backing and Jones was following him up. Both fell over, Jones striking and Hawkins kicking. Mrs. Gascoigne, William Chayter, Mrs. Senni, William Nicholson, and David M. Heron, also gave evidence. The last witness stated that Jones had informed him that he had given Hawkins a good hiding, saying that Hawkins had nor- put up his hands at all, bub kicked him. Witness told him that Hawkins would bo laying an information against him, but ha said he would lay one against Hawkins first. Dr. Giles said that there was a great deal of contradictory evidence in this case. The question was who began the assault. lie did nob believe that Hawkins began the assault, notwithstanding the evidence of Jones, his wife, and his child. Dr. Giles thought that Jones had committed a violent and unprovoked assault. The charge against Hawkins was dismissed with costs. Jones was fined 40s and costs, or, in default, 14 days' hard labour, and was required to give his own surety of £25, to keep the peace for six months.