Neighbors' Troubles.

Poverty Bay Herald, Volume XIX, Issue 6894, 15 June 1892, Page 3

Neighbors' Troubles.

TWO SHEEPFARMERS IN COURT.

Godfrey Francis Druce, of Waimata East, shcepfarmer, was charged before Mr Booth, R.M., at the Police Court tiiis morning with assaulting S. M. Mackley, another sheepI'anner, on the coast. Mr Jones appeared for informant and Mr Finn for defendant, who pleaded not guilty. Informant gave evidence that on June Ist he met Druce. Ho had a fence between Mr Seymour's propurty and his own, and a portion of the fence was left open at the time of fencing. He thought the sheep had got out of this opening, and weut up to put up some bars to prevent the sheep escaping on to Mr Seymour's land. Whilst he was fixing the bars, Druce came up with a couple of horses. Druce had agate which was locked which led on to his property. He called out "What are you doing there?" Witness replied that he was making up the fence, and that there was no road through there. He got off his horse, left the two horses ten yards below, unlocked his own gate, and came to witness. He said he would go through the gap iv the fence and went back for his horses, but they bolted. He then rail up to witness and threw him down. Druce was foaming at the mouth like one insane, and knocked him down several times. When witness told him that he would sue him for assault, he said, " My oath's as good as yours. You have no witnesses." He (Mackley) weut for one of his men to be present, as Druce had promised to return and chop down the fence. The bars were put up, and then Druce came back, and after a struggle iv which accused kicked him in the breast Druce scrambled over the fence, and threatened to throw a piece of stove pipe at him if he did not clear out. He threw the pipe, and witness put up his arms to ward off the blow. The pipe cut a deep gash iv his arm. Cross-examined : It was not possible for Druce to leave his property for the road except at the point in question. There was another way for him to get through without trespassing through the gap in witness' fence. Witness was putting these bars up to bar Druce getting through his land. Did uot challenge him to fight, and did not take up his rails to strike him. Went away for a witness, as he thought Druce might assault him again. There was no ground for saying that lie brought the proceedings, because Druce told the Inspector that his sheep were uot clean. The space in the fence had been left open for the convenience of Druce for twelve mouths previous, and he gave him no notice that he was going to stop the gap. Charles Stewart gave evidence, but told little that was new. Mackley told him to stay in the bush about a chain and a half away, so that he could see what would happen, without Druce seeing him. He did not see Druce throw the stove-pipe, but saw him pushing it over the fence. Mr Featon, of the Survey Department, put in a plan. # His Worship considered that informant having elected to take the second alleged assault, he considered that there was no assault, but informant had been injured in resisting Druce pushing the stove-pipe over the fence. He considered from Mr Featou's evidence that Druce had committed trespass, although he had previously had right of way through that corner of Mackley's property. The information would be dismissed.