STRUGGLE ON FARM

Sun (Auckland), Volume III, Issue 687, 12 June 1929, Page 11

STRUGGLE ON FARM

ASSAULT CHARGES FAIL DISPUTE OVER WATER RIGHTS (From Our Ou>n Correspondent) HAMILTON. Tuesday. The case in which Neils Theodore ’ Larsen, aged 54, and John McKay j Smith. aged 35. were charged before : Mr. Justice Herdman in the Hamilton Supreme Court today that with intent i to do grievous bodily harm they- did grievous bodily harm to John Appleton; that with intent to assault Apple- , ton, they did cause actual bodily harm: and that they- assaulted Appleton, concluded this afternoon. Both men were found not guilty on all charges, and were discharged. John Appleton, farmer, Oparure. said he occupied a farm next to that owned by Mrs. Larsen. Larsen and Smith worked on this property. A dispute arose between witness and the Larsens concerning road access and water rights. On March 2 he went to Larsen’s place to discuss the matters in dispute. Smith intervened, but witness told him to mind his own business. and that he wanted to see Larsen. Smith again interfered and witness swore at him. whereupon Smith rushed i at him with his fists. STRUCK FROM BEHIND Witness said he dodged him and Smith again attacked him. Larsen pushed witness from behind and witness then received a severe blow from behind on the head. Witness picked up a stone and threw it at Smith, but he did not hit him. He was pushed to the ground by- Smith, who had his arm round his face and was trying to throttle him. Witness’s teeth were broken. Larsen threw the stone which injured his head. Witness said he was able to struggle home and a doctor came out the next day. He was in hospital for seven weeks. To Mr. Strang witness said he had threatened to cut the water off Larsen’s property because Larsen had not granted him leave to have an access road dedicated. Larsen did not inform him that Smith had an interest in the property. “DOOMED TO DIE” Hr. Zedric Walter Isaac, of Te Kuili, said ho examined Appleton on March 3 and found him suffering from shock and loss of blood. He was suffering from a fracture of the skull. Witness took him in to the Te Kuiti Hospital and operated on him that evening. The injury was very serious, and witness considered he was doomed to die. The police were informed and his depositions were taken. The man’s head looked as though it had been struck by a jagged stone, such as the one produced in court. Constable Muir said that on March 3 Smith informed him that Appleton called him a lot of offensive names and rushed at him. Smith said he threw Appleton over his shoulder and Appleton must have struck his head on a stone. Neither Smith nor Larsen threw a stone. Sergeant Fernley said Si. ith told him he accepted full responsibility for Appleton's condition, and declared that Larsen had nothing to do with it. Smith said Appleton had abused him and a fight had taken place, in which Appleton was, thrown. Larsen and Smith were men of good character. ACCUSED’S STORY Smith said he heard Appleton tell Larsen he was going to cut off the water supplying Larsen’s farm. He (Smith) intervened and said that it Appleton did that he would advise the Advances Department, Wellington. Appleton then became abusive and Smith ordered him off the farm. Appleton questioned his right to order him off and became still more abusive. Witness said he jumped over the fence which separated them and blows were exchanged. Appleton picked up a stone and threatened to hit him with it. He then caught Appleton and threw him over his back. Appleton fell on a rock which caused the injury to his head. , _ Smith denied that a stone was thrown at Appleton either by himself or by Larsen. No part m the scuffle was taken by Larsen, who twice intervened, and asked him to let Appleton go. Witness did not realise at the time that Appleton was seriously hurt. The other accused, Larsen, said he had been farming at Oparure for -0 vears. He corroborated Smiths stor>. ~ After a brief retirement the jury returned a verdict of not guilty on all counts and both prisoners were discharged.