Magisterial.

LYITELTON. Satttbday, June 7. (Before W. Donald, Esq., R.M., G. Packe, G. B. Parker, L. Walker, T. H. Pofcli.A. Ormsby, J. T. Peacock, J. D. Enys, H. R. Webb, Esqs., and Dr Rouse.) Assavlt.— Walter Hi Pilliet was charged, on the information of Samuel Charles Farr,

for thafc he, on the 23rd day of May, 1873, in Lyttelton, did assault and beat the said Samuel Charles Farr. Mr Joynfc appeared for the plaintiff, and Dr Foster, for the defendant. Prior ;to fche case being proceeded wifch, Dr Foster applied that the other cases might be taken with this one, in order that Mr and Mrs Pilliefc might be enabled to give their cvi- , dence. Mr Joynt resisted the application.^ The Bench decided on hearing each case on its own individual merits. The case of assault was {then proceeded with. All the witnesses for and against [fche^defendant were ordered out; of Court. Samuel Charles Farr, examined by Mr Joynt, deposed : I am an architect living in Christchurch. On Friday, the 23rd ultimo, I was at; Dampier's Bay, a little niter four in the afternoon. I saw fche defendant p-.ss the Rev Mr Fergusson's gate in Dampier's Bay while I was there. There was a lady wifch him. I thought it was Miss Hay, c f Pigeon Bay. They passed about 30 or 40 feet from me". I saluted the lady by nedding. Ih?i been acquainted with Miss Hay before. Nothing occurred between tho defendant and myself at that time. He and the lady passed on towards Lyttelton. I overtook them in front of Messrs Cameron's dwelling in Dampier's Bay shortly afterwards. At that time the defendant and the lady were going in the direction of Lyttelton, and I was coming up behind them. They waited for me. They walked very slowly along until I overtook fchem. On coming up to them again I raised my hat, feeling satisfied that the lady was one of the Hay family. I was passing on the right hand side of the lady at the time, when defendant stepped towards me in front of the lady. The defendant said "Is your name Mr Farr?" I said "Yes; you have the advantage of me." I meant 1 did not know him. He then said his name was Mr Pilliet from Akaroa. He then said — " Did you ever tell Mrs Hay that you saw me drunk on ono occasion ?" I said " No, never." Ho said " Then Mrs Hay is a d d liar, or you are." I said "I only answer for myself ; I don't answer for Mrs Hay." He then said — " I tell you to your face, you're a d d scoundrel." He then struck mo blow on the left side of my head. [Witness described to the Bench where defendant struck him.] It was a violent blow ; so much so as to make the ear swollen and the side of my face painful for 2or 3 days. He evidently struck mo with his closed fist, bscause tho effects of the blow were concentrated in the one spot. I suffered pain immediately I received fcho blow. The defendant's hat fell off, from, I believe, fche violence of his motion. He aimed a second blow afc me. I raised my arm, and felfc a second blow on my arm. I raised my arm in an attitude of defence, and received a second blow on my arm. 1 did not, positively, return either of these blows. Thafc I positively swear ; nor did I make any attempt to return either of tbe blows. I then said to him — " Be you Mr Pilliefc or whom you may, if I say you are drunk now, I shall not be telling a lie." I took it for granted that the. lady was his wife. I also said to defendant — " Your wife is beginning to sip the sorrow that I told her she would before ■he married you." I then turned to Mrs Pilliet and said — " You remember my words." I said — " I shall not remain to talk wifch you ; you shall hear from me in this matter." I then left, and came into the town. I pointed out the effects of the blow on my face to Sutton, Weßtall, and Stinton, and to the Sergeant of Police and Constable Eares on the occasion. I gave Mr Pilliet no provocation whatever by word or deed for his vio ence towards me. I had never spoken to him before in my life. I never had any communication with him^ pistolary or otherwise, prior to his striking me, except by a letter from his solicitor about 6 months previously — in November lost. Immediately after I received the blows, I came up to town, and attempted to have the defendant arrested. I applied fco a policeman to have the defendant arrested. Cross-ex-amined by Dr Foster : I saw tho Halycon lying in the Bay when I was in Dampier's Buy. I did nofc at fche time, from my own knowledge, know whether the defendant was coming from the Halcyon. I did not see the Halcyon come in fco the Bay. The Halcyon was lying in the Bay when I went down to Mr Fergusson's house. I was standing under Mr Fergusson's verandah when I first saw the defendant and lady. I believe I went straight from the railway to Dampier's Bay. I did nofc see Mr Pilliefc until I was under the verandah coming away. I saw the lady's face distinctly when she passed. I thought it was one of the Miss Hays. I observed thafc fche defendant was supporting himself on the arm of the lady. I think he had a shawl or wrapper of some kind hanging over tho left arm. His right arm was in her left arm. Defendant was walking next fco fche fence. The lady was furthest off. I was afc fchat moment waiting for fche servant to answer afc fche door of Mr Fergusson's house. I had rung the bell. I followed them as Boon as I received thafc answer. I cannot say how many minutes . elapsed before I overtook them. One of the builders walked wifch me until I came up to the fence by the bathing shed. He passed round fche corner of the fence as soon as de- ! fendanfc spoke fco me, and went out of sight. I passed on Mrs Pilliefc's side. I passed very [ close fco them. I think I did not touch her [ dress, but; I might havo done so unintentionally. | There was plenty of room to pass without touching. I was passing on, and should not have stopped had he not have spoken to mo. We were both in front of Mrs Pilliet when fche conversation began. She could hear fche whole conversation. The builder who was with me may have heard fche defendant ask me if my name was Farr, but he went directly , away from me. By this time I perceived that ifc was Mrs Pilliefc. Mr Pilliefc struck me , with his right hand. I did not nofcico anything wifch regard fco Mr Pilliefc's apparent; , state of health. I had only Been him once , before. Before that I hadj said nothing to

Mrs Pilliefc about Mr Pilliefc. I feel quite sure thafc I had not addressed Mrs Pilliet before I said " You remember my words." I had not spoken one word to Mrs Pilliefc before the blow. Thafc I am positive of.^ The words " You remember my words " had nothing to do with anything fchafc hod occurred that day. I don't think Mr Pilliet spoke a word after I said he would hear from me. I heai-d Mrs Pilliet say something about " a loving wife," but I heard no more. Mr Pilliet was picking his hat up part of the time I was addressing him. I heard no reply from him. I withdrew from him for some distance, and said he would hear from me in the matter, i' enjoy very good health, indeed. Re-examined by Mr Joynt : I did not follow Mr and Mrs Pilliefc for the purpose of overtaking them. I was following them, because I was going in the same direction, not that I was endeavouring to overtake them. I did not intentionally touch the lady's dress when passing. I had too much respect for her to insult her. I adopted no means of drawing the lady's attention to me except by raising my hat. By the Court : I am clear and positive that all fche observations that were made by me to the defendant or Mrs Pilliefc relative to the defendant being drunk were made after the blow was struck. By Mr Parker : I did not know the defendant when he was passing. I had just seen him once before. His tone was curb, but his mauner in asking me the question if my name was Mr Farr was nofc aggressive or offensive in the least. John Stinson, examined by Mr Joynt : I am a builder, and live in Lyttelton. I know Mr FaiT. I remember being in company with Mr Farr in Dampier's Bay on Friday, May 23. He and I were coming this way from Mr Fergusson's building. We came up with Mr Pilliet and a lady. At least they were standing waiting about for something. When Mr Farr and I came up with Mr Pilliefc and fche lady, Mr PiliYfc Bpoke to Mr Farr. He said " You're Mr Farr, are you ?" I heard that. Ho said his name was JPilliet. I did nofc hear Mr Farr's reply. I did not hear or see anything more. I walked on. Mr Farr was all right before 1 left him. I walked with him from Port down fco Mr Fergusson's and back again until we came up wifch Mr Pilliet and the lady. So far as I could observe, Mr Farr was all right ; there was nothing wrong with him. That was about half -past 4 o'clock in the afternoon. I , saw Mr Farr about ten minutes afterwards. He came running to me, and said " That man knocked me down." He was very much excited, and showed me where he had got a bat in fche ear, and asked me to go for a police, man. I saw that his ear bore fche mark of having been struck ; it was red. Cross-examined by Dr Foster : Farr was between n.e and them when I passed. lam quite sure we were both passing on the same side, and Mr FaiT was between me and them. I didn't hear Mr Farr say anything. Beyond being red, 1 saw no other mark on Mr Farr's ear. I {[shouldn't have been looking afc ifc if Mr Farr had not drawn my attention to it. By the Court : We passed pretty close to Mr and Mrs Pilliet. The four of us nearly took up the whole road. I thought that perhaps they knew ono another. When Mr Pilliefc asked Mr Parr if his name was Mr Farr, I was led fco believe that they knew each other, and I walked on. William Eares, examined by Mr Joynfc : I am a constable in the Canterbury Police Force. I remember Friday, the 23rd of May. I remember seeing Mr Farr on that day. A man named Thomas Sutton came up for me to the station about five o'clock in the afternoon. I went to London street, and saw Mr Farr near the Empire Hotel. Mr Farr informed me fchat he was violently assaulted, and showed me a mark on hia face. He wanted to give Mr Pilliefc in charge for doing so. There was a red stripe on the left side of Mr Farr's face, as if he had got a blow. Mr Farr wanted to give him in charge, and I told Mr Farr I could not arrest him, as the assault did nofc take place in my view. Mr Pilliet was at this time a short distance from where wo wore. I went to Mr Pilliet and said to him in a civil nice manner, " Would you be so kind, sir, to give mo your name and address ?" He said, " I shan't." I told Mr Pilliefc that Mr Farr mado a charge of assault against him, and wanted his name and address. He refused a Becond time to give me his name and address, and said he would report me to tho Commissioner of Police, for stopping him in the street;. I told Mr Pilliefc fchafc if he would nofc give me his name and address 1 would take other steps, and fchafc ho must come with me to fcho station. He then told me his name waß Mr Pilliet, fche Resident Magistrate from Akaroa. When ho told me that he was tho Resident Magistrate from Akaroa, I begged his pardon, and told him he ought to know what the duties of the police wero. He did nofc deny, during tho whole of the conversation, that he had Btruck Mr Farr. Cross-oxamined by Dr Foster : Mr Pilliefc was about b!x or seven yards away when I went to Mr Farr. He could have seen me going up to Mr Farr. I never touohed Mr Pilliefc on the Bhoulder. lam quite sure of that. I would arrest and take to the station any person who refused fco give mo his name and address when a charge of assault was made against him. If one man makes a charge against another for having committed a violent assault upon him in the public street, and if I did nofc see the assault committed and the person upon whom ifc was committed desired me to obtain the name and address of tho person who assaulted him, I should take thafc person into custody if he refused to give me his name and address. That is part of my instructions. Mr Pilliet never said a word about fche assault. Albert George Barsham, examined by Mr Joynfc : lam sergeant-major of armed/police. I remember seeing Mr Farr about 5 p.m., at Norwich Quay. Mr Farr called my attention o a blow that he had received on the side of the head. I looked at it. The lower, or

s lobe part; of the year was red and swollen ; He said Mr Pilliefc had struck him a blow oi ! the face in Dampier's Bay. This closed fche case for the plaintiff. s Dr Foster said he would apply to theßencl I fco reconsider their decision on the applieatior ■ he had made at the opening of fche case, bj : which Mr and Mr 3 Pilliet were shut out fron l giving evidence in the case. He knew officially -j that the Government intended to take officia • action in the matter, and as the decision oi > the Bench, if given against Mr Pilliefc, mighl ' affect his position on the Bench, before > coming to any decision, he thought that Mi i and Mrs Pilliet should be allowed to givt . their evidence. He would therefore apply tc the Bench to postpone pronouncing any de ; cision on the present case until all the cases > were gone into. p Mr Joynt opposed the application. , The Bench said that they must hear all fche > cases on then* respective merits. After some further argument fche Court was . cleared. i On fche Court resuming, Dr Donald infci- ■ mated thafc the Bench had decided to take each case on its individual merits j to record , conviction or non-conviction afc the close of each, but to suspend sentence until all the cases were disposed of. Dr Foster : Then I beg respectfully fco decline offering any evidence for the defence in fckis case. Dr Donald : Then there w.'U be a conviction in this case. ■<-.-. ■ Dbunk and Disobdebly. — Walter H. Pilliefc was charged, on the information of Samuel Charles Farr, with having been drunk and disorderly in a public street in Lyttelton, on the 23rd May last. Mr Joynt appeared for the complainant, and Dr FosLer for the defendant. The following evidence was given : Samuel Charles Farr, examined by Mr Joynt : I was in Dampier's Bay ou the afternoon of Friday, the 23rd May. I saw Mr Pilliet, the accused. Shortly after I saw him he assaulted me. I gave him no provocation for the assault. This was in a public street in Lyttelton known as Simeon Quay. I was under the impression that he was intoxicated, from his speech. He was holding on by his wife, and his voice was thick and guttural. I saw him afterwards in London' street. He was not then with his wife. The general appearance of his face was thafc of a drunken man. When he struck me he nearly fell down. His manner was excited. lam still under the impression that he was intoxicated. Cross-examined by Dr Foster: I laid the information for drunkenness some days after the firsfc information was laid. I don't know why I did nofc lay ifc at fche same time. It was afc my solicitor's suggestion after hearing tho conversation fchafc I laid the information. I never before heard Mr Pilliet speak till that occasion. I don'fc know whether ho has any impediment in his speech. Re-examined by Mr Joynfc : We were both under the impression when we were talking tbgefcher that the police would have prosecuted Mr Pilliet for being drunk and disorderly. Shortly afterwards I received a communication from you stating that the police had made up their minds not to prosecute Mr Pilliefc for having been drunk and disorderly. Ifc was in consequence of that communication that I came into Lyttelton and laid fche second information ; ib was solely on fchafc account I did so. I understood at first fchat the police would proceed with the case of drunk and disorderly. Ifc was never my intention or wish that that case should nofc be proceeded wifch. William Eares, examined by Mr Joynfc : I am a constable in the police force of Canterbury. I remember seeing Mr Pilliefc in Lyttelton about five o'clock on the afternoon of fche 23rd of May. I had a conversation with him. I took notice of his appearance and condition. I have had a good many years' experience of the conduct, manners, and appearance of drunken persons. From my experience I know when a man is drunk and when he is not. Mr Pilliefc was nofc drunk, but fche worse for drink. He was heavy under tho influence of drink, but nofc drunk. Ho was nofc what I call real drunk. I judgtd he was heavy under the influence of drink from his manner and way of walking. He was excited, and in walking on the footpath he turned twico, and had to use his umbrella to steady himself. Ho staggered on the steps going into the Empire Hotel. He appeared to be very much excited when he came over to mo from the Empire Hotel and demanded my name. I got the smoll of drink from him then. Cross-examined by Dr Foster : Ifc was previous to this that he said ho would report me to fche Commissioner. By fche Court : The lady now in Court was with Mr Pilliefc. She went into tho Empire Hotel and left him, and he came over to me and demanded my name. His manner was heavy. ,He staggered on the footpath, and had to steady himself with his umbrella. He appeared to be like a man who was after a hard fib of drinking, and had taken ] two or three nips to recover himself, and they had taken effect on him. Walter Martin, examined by Mr Joynt : 1 am assistant Clerk fco fche Bench afc Christchurch. I was in Lyttelton on the afternoon i of Friday, tho 23rd of May. I know Mr , Pilliefc by sight. I saw him by Kiddy's hotel, , London street, on fche afternoon of May 23 ; I think between threo or four o'clock. ; Constable Eareß was with him afc tho time. I came up fco within three yards of fchem. I could hear what transpired. I took notice of fcho appearance or condition of Mr Pilliet at fche time. I remarked fco Constable Eares : that I thought he was drunk. I think "He must he drunk " were the words I used. That , was my impression at the time. By the Court : I don't know what Mr ■ Pilliefc's ordinary manner is. Cross-examined by Dr Foster : His manner was excited, and he staggered a little, and supported himself by his stick or umbrella. Thiß was fche case for fche prosecution. J Thomas Chad wick, examined by Dr Foster :

. lam a chemist;, 'practising at Akaroa. I was i in attendance on Mr Pilliefc a day or two before he left Akaroa. I saw Mr Pilliefc afc his own house two or three days before he left — 1 about fche 23rd of May. He went aWay, I l think, on that day. For two or three days f before, I saw Mr Pilliefc afc his house. He was i in bed when I firsfc saw him. He was ill in 7 bed two or three days before he left. The 1 night before he left I said something fco him f about coming to Christchurch for medical adb vice. I advised him to go and see a doctor. 3 I accompanied Mr Pilliefc to the Head of the p Bay at his own request. He said he was very 3 ill, and would like me to go with him. We ) left Akaroa about half-past eight o'clock - on the morning of fche 23rd May. We 3 left Akaroa by the steam launch Pioneer, and went to the Head of the Bay. Mr Pilliefc reached the launch in a trap. He said he was i nofc able to walk. He complained of being very ill. I stayed wifch him all the time thafc i he was afc Shadbolt's, and saw him off. He had nothing to drink there that I saw. I did • not think he was sufficiently strong to go i to Christchurch before he did, but I adI vised him to go as soon as he was able. Cross-examined by Mr Joynt: I don't know ! what made Mr Pilliet ill. I first saw him on the morning of the 23rd May, at half-past 8, ' on the pier. He had a little Moselle in tho 1 goods' store at the end of the pier. He had a pint bottle. He did not drink it all then. He L drank it in two or three times oh the way to the Head of fche Bay. Ho complained of ; weakness, and I advised him to do so. He : had no drink at Shadbolt's that I saw. I was with him nearly all the time. Mrs Pdliefc was ■ wifch him. I had not a pint bottle with him. I have no reason to think Mr Pilliet had been drinking two or three days before leaving Akaroa. It is not my opinion that his illness was caused by drink. By Dr Foster : I was at Mr Pilliet's house twice one day. I was at his house more than once on each of the three days. Mr Pilliefc was certainly nofc drunk when I was there. Dr Wafckins declines bo practise. The people of Akaroa usually send for me when fchey are ill. Benjamin Shadbolfc, examined by Dr Foster : I am a licensed publican afc the Head of the Bay. I know Mr Pilliefc, the defendant. I coach tho road from tho Head of the Bay to Pigeon Bay. I recollect Mr Pilliet coming to my house from fche steam launch on fche morning of the 23rd May. Mrs Piiliefc was wifch him. I expected Mr Pilliefc. I had a message from the nighfc previous, saying he was ill and was coming through ; thafc I might bo prepared wifch my trap. I drove. I am not aware thafc Mr Pilliefc took any drink v, hile at

my house. My wife atfcends to the bar. He might or might nofc have got drink without my knowledge. He said he was very ill, and could nofc walk. He appeared fco be weak, and he was looking very badly too. I saw him in the house. I saw him get; into the trap. He got up middling lively. I stopped afc Sheppard's, as usual, afc Pigeon Bay. I cannot say whether Mr Pilliefc took anything there 'or nofc. I did not see him take any drink. Through Mr Pilliet's illness, I drove him on to the jetty. Ho did not appear to be under fche influence of drink after coming out of Sheppard's. He was nofc so lively as usual. I noticed no difference in him after coming out of Sheppard's. I took him down to fche pier. Wo waited half-an-hour at Pigeon Bay for the boat fco go off. By Mr Joynt : I did nofc see Mr Pilliefc take any drink that day thafc I am aware of. I havo no recollection of seeing him take any drink afc my house, on the road, or afc Pigeon Bay. I saw him drink something oufc of a bottle thafc I took to be medicine. I couldn't tell what it was. He took fcho medicino once or twice or three times on tho road. He complained of being worse after he took ifc. (Laughter.) We wore about two hours on the road. I don'fc know whether he shook fche bottle before taking it. Judging by his appearance, I shouldn't have thought that ho had been drinking that morning. lam in the habit of seeing people drink pretty hard. I don'fc consider people tho worse for drink when they are able to stand up at the bar and drink it — of course nofc. (Laughter.) I have no reason whatever to think that Mr Pilliet had been drinking that morning. If he had been drinking, I think I should have noticed ifc. By fche Court : There was no reason to lead me fco suppose that; Mr Pilliefc had been drinking. Ho sat in the back of the trap. I drove very gently. The road was had. Mr Chadwick was recalled, and stated fchafc on the 23rd of May he gave Mr Pilliefc two mixtures — one of quinine, and fcho other for opening the bowels. He ordered him to take wine with fche mixtures, to make it more palatable. He told Mr Pilliefc to take the mixtures every two hours. Most likely he took each mixture every hour. William Davidson, examined by Dr Foster : lam a seaman on board tho Halcyon. I remember Mr and Mrs Pilliefc coming on board the day of the gale. I saw fchem come on board. Mr and Mrs Pilliefc were on deck part of the voyage, and down below part of ifc. Mr Pilliefc was chiefly on board. I spoke to Mr Pilliefc when ho came on board. He told me ho had not been well for some time. He sat down shortly af fceir coming on board. To fche best; of my knowledge, he was sitting and lying on the deck for some time before we got the breeze. He took Mrs Pilliefc down below, and then came up himself. I think we were late in getting in. We dropped our anchor in Dampier's Bay and came ashore in a boat. Ifc was fcoo rough to go to any wharf. I didn't notice what time ifc was when we dropped anchor. I have always charge of the , drinks on board. I served no drink to Mr Pilliefc during the voyage. I handed him a tumbler to get some water for Mrs Pilliefc. I did not see Mr Pilliet take any drink that day. There was nothing in him afc all that day which led me fco euppoßO fchafc he was under the influence of liquer. Cross-examined by Mr Joynt : I am sup« posed to be on deck during the voyage. The crew consists of the captain, the engineer, and myself. The captain steers part of the time,

-' and I steer part of fche time. Sometimes the captain or engineer have the key of fche locker. They might serve out drink without my knowing it. They always tell me if they do. The drink is mine, and I am responsible for ifc. I get fche profits from ifc. I did nofc see Mr Pilliefc take anything oufc of a bottle that day. I did nofc see Mr Pilliet running up and down the deck during the fale. He didn't seem excited. He lost; his afc overboard ; ifc blew off. I did nofc take notice of anything particular about Mr Pilliet while on board thafc day. I did nofc observe him to be afc all excited. He did not behave any differently to anybody else on board. He is always pretty lively, and he seemed to me the same as usual. I couldn't tell you why he lay down on the deck when he came on deck. He seemed fco be the same as usual when the gale came on. I did not notice any difference between him that day and any other day. Re-examined by Dr Foster : I had half-an-hour's conversation wifch Mr Pilliet on deck, and' l had no reason fco suppose during fchafc time that he was under the influence of drink. I have been at sea with Mr Pilliefc as a naval man. He was marine surveyor. I was on board with him about; 12 months. There was no particular danger during fche voyage. Mr Pilliet might have helped but I don'fc know fchat he did. I did nofc see hira render any assistance. John Hamilton, examined by Dr Foster : I am engineer on board the Halcyon. I remember the gale on the 23rd May. As near as I can judge, we landed our passengers in Dampier Bay, between half-past; four and five o'clock. We had to cast anchor and land by boat. I saw Mr and Mrs Pilliefc very shortly after they came on board. I had very little conversation with Mr Pilliefc. Before we left Pigeon Bay I had a little conversation wifch him — nofc much. The man on board the vessel generally looks after the drink for the convenience of passengers. I gave no drink to Mr Pilliet that day. I saw bim take none ,on Board. I saw nothing in him that day fco make me suppose thafc he was under the influence of liquor. There is no public-house between where fche passengers landed at Dampier Bay and Mr Fergusson's horse. Cross-examined by Mr Joynfc : I spoke to Mr Pilliefct just as he was going over the rail. He might have drunk any quantity on hoard without my knowing it, but; he hadn't the appearance of a man in liquor. I took particular notice of him. I could see no effects of liquor afc the time. It never Bfcruck me he was under the influence of liquor. There were a good ma-.iy passengers on board. I assisted the passengers from fche steamer into the boat. The grog kept on board the boat belongs to the man on board. By Dr Fosfcer : I lejfc my cap thafc day. By Mr Joynfc : Mr Pilliefc was bareheaded that day. I have noticed fchat he is generally bareheaded on board. John M'Lean, examined by Dr Foster : I am master of the Halcyon. I saw Mr Pilliet on board on the 23rd May. I served him no drink on board that day. Cross-examined by Mr Joynt : I noticed no particular difference in Mr Pilliet that day, except that he complained of being ill. He said he had a touch of low fever. I was at fche helm all the way from Pigeon Bay until we dropped anchor. I am not aware of any one being served with drink thafc day. Mr Pilliet was mostly on deck, and you may say half of the way with me. talking to me. Dr Llewellyn Powell deposed : I remember seeing Mr Pilliefc on the 23rd of May last, between half-ppsb six and seven in the evening, as near as I can remember. He was suffering from great debility. He was in a bed state of health. I saw him at the Clarendon hotel. I had been sent for. He consulted me on his state of health. Mr Pilliefc told me he had not been drinking to excess, and I believed him, because there were no Bymptoms of excessive drinking, I had a long consultation with him, and I did not see anything to indicate that he had been drinking heavily recently. Cross-examined by Mr Joynfc : There was a , slight smell of drink from him, and I asked him if he had been drinking. He said he had a glass of Moselle immediately before. By the Court : I don't know of my own knowledge if Mr Pilliet is an opium eater or a greafc tobacco smoker. By Dr Foster : Mrs Pilliefc did not tell ma that he had been drinking. By Mr Parker : I have attended Pilliet before — about a year ago. It was partly from my knowledge gained then tbat I asked the question if he had been drinking. This closed the defendant's case. The Court thereupon adjourned until Monday, afc 11 a.m. Monday, June 9. (Before D. Donald, R.M., Dr Rouse, L. Walker, G. B. Parker, T. H. Potts, J. D. Enys, A. Ormsby, J. T. Peacock, and H. R. Webb, Esq.) Dbunk and Disobdebly. — The hearing of the case against Walter H. Pilliet was resumed. Prior to counsel addressing the Oouifc, Dr Donald said : ffhe Bench are very strongly of opinion that there is no case. Dr Fester said thafc under these circumstances he would not address the Court. J£ tho Bench had any doubts in the matter, they could refer to the evidence. Mr Joynfc complained of fche embarrassing position in which he had been placed by fche Bench expressing a voluntary opinion on the • case before it had concluded. He contended thafc he had made oufc a very strong case against the accused. Mr Joynt then proceeded to call the attention of fche Court to fche evidence given in tho case. On the conclusion of Mr Joynfc's address, Dr Donald said: The Bench acqpifc the accused. The case is dismissed. Dr Fosfcer applied for the expenses of witnesses. Mr Joynfc resisted the application, sfcatim that ifc would be exceedingly, hard if M Farr, who acted in the interests of the publi peace, should have to pay witnesses' expense

The Bench, after consultation, refused Dr I . Foster's application. ; Insulting and Abusive Language. — i Samuel Charles Farr was charged, on the information of Walter H. Pilliefc, wifch using , insulting and abusive language towards him :in a public place, to wit — " You are a ; drunken liar " — on the 23rd May last, i Assault. — Samuel Charles Farr was also charged with having, ou the 23rd May, uni lawfully assaulted Agnes Pilliefc, by violently , and threateningly shaking his fisfc before and i close fco her face. On the application of Dr Foster, ifc was : decided fco take both cases together, the cvi- : dence being fche same in each. Walter H. Pillietj examined by Dr Foster : lam Resident Magistrate afc Akaroa. I remember coming from Akaroa on fche 23rd of May. With the exception of half a small bottle of Moselle, I had nothing to drink in the shape of liquor for ten days before thafc. I was very ill at the time. We arrived in Lyttelton about half-past four o'clock. We landed in a boat at Dampiers' Bay. Mrs Pilliet was with me — nobody clbo. My wife and myself proceeded Blowly towards town. Before entering a sort of cutting on the road, I perceived a man passing us, staring at us. I said to my wife, " Who's thafc ?" I was bo weak I could nofc see fche man pass quickly. My wife said, " That's Farr — the man who accused you to me and to my mother of being drunk." I had never seen Mr Farr before. After staring afc us for some time he passed vs — crossed us. We walked on slowly. Shortly afterwards I saw the defendant standing near a house, looking afc us. A few moments later, defendant; passed us again, on my wife's side, turned his head towards us for a moment;, and grinned — laughed, without saying a word. He never saluted or touched his hat afc all. I said — " Is your name Mr Farr ?" in a quiet; tone and in a quiet manner. My right arm was linked within Mrs Pilliefc's loft arm. She was supporting me — helping me rather. When I said — " Is your name Mr Farr ?" he replied, " Ifc is." I said, " I am Mr Pilliet. You are the person who has slandered me some months ago to Mrs Hay and fco my wife before I was married." My tone was quiet and polite, so was my manner. •Farr laugfied — sneered — and said, " Oh, but I have written denying having slandered you, and besides, why ifc was ycur own wife here who asked if I had seen you drunk," or words fco thafc effect. Up to thafc moment Mrs Pilliet had been silent. She replied immediately — " How can you say that Mr Farr ? You know very well that you said ao to my mother and to me of your own accord." Immediately Farr advanced across me towards Mrs Pilliefc. Immediately my wife said fchafc, Farr rushed across fco my wife, and said, " that's a lie," or, " ifc is a lie," and at the same time raised his fist threateningly before her face, and shook it, I think — moved it. I threw myself in front of him — I rushed in front of him — and I said, "you are ad d scoundrel and a d d liar ; stand off." I raised my arm at the time, in the hand of which I carried my umbrella. I think I made a blow at him, but I cannot swear I did. I was very excited at the time. lamof a very excitable temperament. I think I mode a blow at him, but; lam nofc sure. Farr ran away as hard as ho could. (Laughter.) I swear positively that I did not strike him. If I touched him lam not aware of it. If I had been strong enough, I should have struck him. I wish 1 had. I am not conscious of having struck Farr either with my fist or the umbrella. 1 was gidsping my umbrella at the time. I was perfectly sober. After running 'off a distance, Farr stood, and turning round towards us said, " you are a drunken liar ; you were drunk at Akaroa when I said so to Mrs Hay, and you are drunk now." He made use of ofcher abusive language, and ran off — disappeared. Thafc iB all thafc then took place. I never quitted held of my umbrella or of wrappers or shawls I was carrying on my left arm. It was blowing very hard thafc day. The extreme force of the gale had ceased ; and fche wind carried off my hat, which was picked up by Mrs Hoy, nofc by me. I was very weak before the altercation, and the excitement increased my weakness very much ; indeed, I could hardly walk into town. No further abusive language was used by Mr Farr fco me fchafc day, nor any further assault made on Mrs Pilliet. I positively swear I did not soy that Mrs Hay was a d d liar. I can perfectly unconscious of having struck Mr Farr. I was so weak I might have done ■o without; knowing ifc. Cross-examined by Mr Joynfc : I don'fc knowMr Fergusson's house in Dampierßay. The only recollection is thafc wo were entering n cutting when Farr came up. lam porfectly certain that was the first time Mr Farr passed. He did not salute either Mrs Pilliefc or myself. Mr Farr was alone. We wero then going townwards, and he was going in fche opposite direction. From the time I first saw Mr Farr, wo continued to come towards Lyttelton very slowly. The next timo we saw" him he was standing at a house looking afc us. He did nofc salute us. Shortly after that ho passed us again, and turned round aud stared at my wife. I did not know fchafc he was coming until he came up. It seemed to me strange fchafc he should come so close to Mrs Hay. li struck me that he touched my wife — thafc hi brushed past offensively. Mr Farr was alom this time also. When I turned round to fac. Mr Farr, I saw a man behind us crossing tin road towards fche sea. I did nofc see where tin man went, my attention being directed to Mi Farr. I cannot say whether that man was ii Mr Farr's company or nofc. I spoke first. ] positively swear thafc I stopped Mr Farr fo; the purpose of having a friendly pergonal ex planation with him, as I could not understnm how a person should injuro mo behind m> back. I don't; know how long the interviov lasted. I intended to commence th' friendly explanation by asking Mr Far if he was fche person who had slan dered me six months ago. I did so it furtheiance of my desire fco settle the matfcr in an amicable manner, as I had never seei him before. It was when Mrs Pilliet statet

that Mr Farr had told her and her mother that I was drunk, that Farr went over and shook his fist in Mrs Pilliefc's face in a threatening manner. Until he Bhook his fisfc in Mrs Pilliefc's face, and said " Ifc is a lie," I was perfecfcly quiet and polite. His fist was closed, and very close to her face. I didn't think he meant to strike her, but insult her. This was before I raised my umbrella. I said " You are a d d scoundrel and a d d liar," because he had given my wife fche lie direct. Ifc referred to no previous part of the conversation. At the same time, there"waß in my mind a vivid recollection that he had placed my j wife and Mrs Hay in fche position of liars, or fchafc he had lied. I preferred fco believe that Mr Farr had done so. I think Mr Farr ran off as hard he could the distance of the Court-house. He evidently, as I thought, believed I was going to assault him, I was standing still when he turned round. He said : " You'll hear from me ; I'll give you in charge," or words to thafc effect. I don't remember his coming any nearer fco me. I don'fc know what statement of mine he referred to when he said " You are a drunken liar." He went off very fast. He did nofc run. Agneß Pilliefc, examined by Dr Foster : I am the wife of lasfc witness. I remember coming from Akaroa with my husband on the 23rd of May last. Ho was ill, and I came over to attend him. We landed at some rocks in Dampier's Bay thafc afternoon. My husband had been ill for some days previously. He was very weak, and it waa with greafc difficulty thafc he could walk. I know Mr Farr. We were a little on the town side of Mr Fergusson's house when we firsfc saw Mr Farr. He stared impudeatly afc me when passing, and did not raise his hat or solute me in any way. He was on the road, coming from Lyttelton, meeting us. Afc thafc time not a word passed between us. Iglancedround in consequence of what I had said to Mr Pilliefc, and I saw Mr Farr standing at the step of Mr Fergusson's door. He was looking at us. We walked slowly on, and presently I heard a quick step behind me. I glanced over my shoulder, and said that ifc was Mr Farr. He walked on, and brushed against me, staring at me all the while with a half -smile. He did not salute me then, either. Mr Pilliefc stepped in front of him very quietly, and said in a quiet, polite tone — " Is your name Mr Farr ?" Mr Farr said, "Yes," and Mr Pilliefc said, !" My name is Pilliefc. Are you fche person who told Mrs Pilliet and Mrs Hay that you saw me drunk on the wharf at Akaroa ?" Mr Farr said — " Oh, I have already denied fchafc in a letter to your solicitor," and turning round to me, he said, " Besides ifc was you who accused Mr Pilliefc of being drunk ; you asked me if I had seen Mr Pilliefc drunk." I said, " Oh, Mr Farr, how can you say that. You said to me you saw Mr Pilliefc in a 6tate in which no loving wife would like to Bee him, and when I asked you what you meant, you. said you saw him drunk on fche wharf at two o'clock in the day." Then Mr Farr darted to me in a 1 very exciting and threatening manner. He | clenched his hand, and shook it close in my face, aud said " It's a lie ; you know it." I ! stepped back suddenly; Mr Pilliet stepped in front of me. Ho raised his arm, and said " stand off ; you dare to insult my wife." Mr Pilliefc had an umbrella in hia right hand. Before he spoke to Mr Farr he had my arm ; when he spoke to him he let go my arm, and I was a little in the back ground. Mr Pilliefc said fco Mr Farr — " I believe what my wife says, nofc you ; you are a d d liar and a scoundrel." Mr Farr ran away, and stood afc a Bafe distance. He said " You were drunk then; you are drunk now ; you're a liar; your wife can see now that ifc was true what I told her before ; you'll hear from me again." Whilo he was saying that I was picking up Mr Pilliet's hat. His hat came off either with the wind, or by his stepping suddenly round, or both. Ifc blew off before in Dampier's Bay. After Mr Farr said " You'll hear from me again," he walked fast on, and we walked on slowly towards Lyttelton. Two sailors, I think, came up behind. Mr Farr said — "Did you see this man strike me," and they said no. I saw the sailors come round a corner before Mr Farr spoke to them. I think the corner was further than the length of this room from where wo stood. Ifc was after Mr Pilliefc raised his arm to Mr Farr fchafc I saw fcho men come round the corner. Mr Pill iot and Mr Farr were standing close together when Mr Pilliet raised his arm. Mr Pilliet's arm did nofc touch Mr Farr on that occasion. Mr Pilliefc did nofc strike Mr Farr. Cross-examined by Mr Joynfc : I was quite able to see everything that occurred. Ifc was clear daylight ; ifc was late in fche afternoon — about half -past four ; ifc was a cloudy day. I could see persons if they were on the road a little distance from me, I am quite certain Mr Farr was walking down towards Mr Fergusson's house when we Srsfc saw him. I think he was then alone. I didn'fc notice anybody with him. I knew it waß Mr Farr. I had seen him before. Five or ten minutes elapsed between the firsfc time of meeting Mr Farr and when ho overtook us on fche road, and brushed past as I have described. I think ho was alone when he came up to us the second time. I didn't see anyone with him. I fanoy there was a man going towards the bay. I have a slight recollection of seeing a man going towards the bay, but I am nofc quite sure. I had told my husband that it was Mr Farr before he came up a second time and brushed past me. 1 knew fchafc I had told Mr Pilliet that ifc was Mr Farr. My husband never expressed any unfriendly feelings towards Mr Farr. I knew Mr Farr had said what was nofc true about Mr Pilliefc. I cannot say whether Mr Pilliet did or did nofc entertain an unfriendly feeling towards Mr Farr. I did not know that my husband entertained any unfriendly feeling towards Mr Farr at fche time he .iccosted him. I knew there was a doubt, md I knew xay husband wished to ask Mr Farr to settle that doubt. I have known < Mr Farr, but have not been acquainted with bim, as long as I can recollect. I never knew <

that of late years Mr Farr has been an intimate friend of my family. I don'fc remember ever seeing him afc my mother's house, except that day he said he saw Mr Pilliet drunk. Six months ago, we cut; each other in fche street; in Christchurch. I saw Mr Farr when I was was walking with my sister in Christchurch, and he went into another street ; perhaps he didn't see me. If he had saluted me the other day in Dampier's Bay, I certainly should not have saluted him. Ifc struck me Mr Pilliefc was astonishingly polite under the circumstances, when he addressed Mr Farr. He was just as polite as he would be to any other gentleman. I think thafc during the whole of the conversation between Mr Farr and myself, Mr Pilliefc could hear what wasj said. He was close enough to hear ifc. The j interview lasted, I think, about 5 minutes. I didn't see Mr Farr knock his head against anything. They were standing faco to face when my husband raised his arm. Mr Farr was standing with his back towards Lyttelton and my husband with his back towards the Bay. My husband had his right arm mmy left arm when Mr Farr came up wifch us. When he went up to speak to Mr Farr, he withdrew his right arm and left me standing alone. I was standing a little to one side, about one or two paces from fchem. I was an arm's length of Mr Pilliet. I was further from Mr Farr than from Mr Pilliefc. Mr Farr made tracks immediately on Mr Pilliefc raising his arm. I didn't observe Mr Farr's face when he ran away. He ran pretty quickly. When he WS3 at; safe distance he turned round and said what I have already stated. When he put his hand in my face I thought he was going to strike me. His knuckles were perhaps five or six inches from my face. I stepped back, and Mr Pilliefc stepped in between us. I did nofc run away ; I was defended. I was very much afraid thafc Mr Farr would do Mr Pilliet injury, considering the weak state he was in. I considered myself defended by Mr Farr running away, and my husband stepping in between us. Mr Pilliet had hardly time to bring his arm down before Mr Farr ran away. He raised his arm suddenly, but I think he had not time to bring it down before Mr Farr ran away. Ifc was after Mr Pilliefc told Mr Farr that; he was a d d scoundrel and a liar thafc he told Mr Pilliefc that he was a liar. Mr Farr did nofc thrust his fist towards me, or make any motion to strike me. There wa3 nothing fchafc I said to Mr Farr then to account for his violent attitude towards me. I didn't notice thafc Mr Farr was rude when he was asked if his name was Mr Farr. He did nofc answer the question sharply or rudely. When asked if his name was Mr Farr, he said, "ifc is." Dr Fosfcer applied for leave to examine Mrs Hay as to something thafc occurred between Mr Farr and Mrs Hay about six months ago concerning the accused. Mr Joynt opposed the application, which was disallowed. This was the complainant's case. For the defendant's case, fche following evidence was given : — John Stinson, examined by Mr Joynfc : I am a builder, living in Lyttelton. I remember seeing Mr Farr on the afternoon of the 23rd May, I was in fche Mifcre Hotel, when Mr Farr came in. Ifc was about half-paßt three o'clock — about fche time of the arrival of the train from Chrißtchurch. Mr Farr and I went round together to Mr Fergusson'r. We went up on the roof of Mr Fergusson's house, and put a sail up to keep the wet in. That took us about 20 minutes. Mr Farr never went oufc of my sight. When we came down Mr Farr went to the front door. I saw Mr and Mrs Pilliefc come along the road towards me. They were then on the Bay side, coming towards Port. They passed by while Mr Fanwas afc fche door, and went along towards Lyttelton. When Mr Farr was standing at Mr Fergusson's door, I saw fchem afc fche bridge, about a chain off. When Mr Farr left Mr Fergusson's house, I accompanied him towards Port. We walked side by side, conversing, until we overtook Mr and Mrs Pilliefc. We had gone about four chains past Mr Fergusson's house, when we overtook them, about three or four yards past Cameron's gate. There iB a cutting on one side of fche road, and a fence on the other. When we came alongside Mr and Mrs Pilliefc, I was still in Mr Farr's company. As far as I could see, Mr Pilliefc was waiting for Mr Farr or somebody else. He seemed to be walking and standing alternately. Mr Pilliet was on fcho right side of Mrs Pilliet. He had an umbrella in his left hand. He had his right hand in his coat pocket when I passed. He had something on his left arm—the same arm the lady had hold of. A step or so before Mr Farr came up, Mr Pilliefc turned round and Bpoke to him. He said "You're Mr Farr." I did nofc notice the tone in which the question was put. I walked straight; ahead into Port. I thought thoy knew each other and wanted to havo a conversation, and I walked on. Prior, to that I had not left Mr Farr's side. Up to the time Mr Pilliefc spoke to him, I did nofc notice anything offensive or impudent in Mr Farr's manner towards Mr or Mrs Pilliefc. Mr Farr could nofc have brushed past Mrs Pilliefc, because Mr Pilliefc was next; to Mr Farr and Mrs Pilliefc next the bank. That was all I heard or saw. Cross-examined by Dr Foster : I am quite positive Mr Farr did nofc brush past Mrs Pilliefc. If Mr Farr said he did, he is mistaken. I am quite sure he passed on Mr Pdliefc's side. This was the defendant's case. Counsel on both sides addressed the Court. The Bench then retired to consider their decision in all fche cases. After 8o:ae time, fchey returned iato Court, and Dr Donald pronounced the decision of the Court fco be as follows : — In fcho assault cpse, Mr PiUiefc fco pay a fine of £5, three guineas, professional fee, and Court costs. . The charge of drunk and disorderly was dismissed. j The two charges against Mr Farr dismissed, I with professional fee, and Court coßtß. (