POLICE COURT.

Bush Advocate, Volume I, Issue 79, 6 November 1888, Page 2

POLICE COURT.

1 DANEVIRKE, NOV. 6. (Before Messrs W. F. Knight and M. Henderson, Justices.) BREACH OF THE PEACE. T. McGrath and George Balsillie were charged with fighting, in a public street on Nov. 1. Defendants pleaded guilty. Eined 10s each and costs, 9s. ASSAULT. William Hay nes Barrow was charged with assaulting Frederick William Butler on Oct. 31. Defendant pleaded guilty. F. W. Butler, sworn, stated that on returning home on Wednesday evening last at 6 o'clock he saw Messrs Barrow and Wilson talking outside Mr Bargh's office. • Mr Wilson spoke to witness and then Barrow* took a step forward and struck him, felling him to the ground. He used rather strong language also. g ' • ■ To the Police : Gave Barrow, no provocation whatever. Leonard Wilson, Auctioneer, stated that on the evening in question he was talking to Mr Barrow and Mr Bierre in front of Mr Bargh's office. They were speaking about some goods which Butler had seized for rent from Barrow and removed to the auction room. Barrow was intensely excited. Witness might explain to the Bench that he went to Barrow's house to pay the distress warrant, and found the goods had been removed. Saw Butler coming down the street and stepped up to speak to him, when Barrow came up and knocked Butler* down. To the Police : Barrow was absent from home when the goods were removed. The whole family were upset. To the Bench : Was not at Barrow's house when the distress was put in. Told Barrow that the fact of Butler removing the goods without leaving an inventory was illegal. > Mr Butler : If the previous transaction is to come before the Court I should like to say a few words. I refrained from referring to anything beyond the assault. \ The Bench said previous matters had nothing to do with the assault. J. A. Burmester deposed to coming across the road and finding Butler lying on the road. He had a black eye. and was groaning horribly. Picked him up. It was sometime before he could stand. Took him to witness' store. He afterwards got into a dray and was driven 'home. Did not see the. assault committed. W. H. Barrow admitted striking Butler, and expressed his regret for the occurrence and tor having taken Butler at an apparent disadvantage." But before he struck him he gave him ample warning that he was going to do it. He was carried away by his feelings at the mean way Butler got into his house after professing friendship. He met witness half way on the road to Danevirke, and asked him to return to the hotel with him. Did so, and after they had had a drink together Butler said he had something private to say, and as that was not the place to say it they had better' go over to his house. He agreed, and when he got in Butler seated himself on the sofa and handed out the distress warrant. Witness felt that he had got over him. Told his wife he would go and see if the thing was legal. He met a friend who agreed to pay the distress, but when he got home again Butler had removed the goods. It was opposite Mr Wratt's house where Butler was struck, considerably more than a pace from where they were talking. It was some satisfaction to him to strike Butler. He had left his wife under great excitement, and not only that, Butler was sitting on his (witness') sofa drinking beer in the presence of his wife, which he thought very unpolished. If Butler had come as a bailiff he would have humbled himself to the law. The Bench thought that was irrevalent and asked if he told Butler he was going to get the monrey.— Witness replied that he did not. Mr Butler said he regretted that the matter of the seizure should have 'been brought forward, but he could say a great deal on the other aide. He was much grieved at having to do what he did. He had tried all he could to persuade his client to stop execution, and it was only when his client was going away from his office to get someone else that he consented to execute the warrant. Be told Mrs Barrow that he was willing to forego all the costs in the case if the money were paid. The Bench retired for a few minutes and on returning said they had carefully considered the case. It was a clear case of assault, and defendant would be fined 40s a.ncl costs, or 14 days h.a.r4 labour. The money was paid.