AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 355, 12 December 1879, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Monday, Dec. 8

(Before Wr Tosswill, A. C. Knight, and -' H. H. Fenton, rfsqs., J's.B.) * ' ' INSULTING BEHAVIOR.

•Luke Perham, Joseph Bates, and one Rees wore charged with having, in Lavaud "street, Akaroa, used insulting language to j females on Friday, the sth day of Dec. I current.

Mr Joyce, solicitor, Christchurch, appeared for the defendants. Sergeant Willis, on Ihe part of the police, wished to withdraw.; the charge as against Bates and Rees. W ; " • " Rees wished to state that" he left the Court without any reflection on his charac ter as having anything to do with the matter. He knew nothing whatever about the charge before the Court, and he objected to the form of the summons in being charged along with the other defendants. His defence-was different from theirs. It was a distinct denial. He also objected to the form of the information as being too loose. Neither time, place, nor persons were specifically set forth. As 1 the defendant was not before the Court, he was stopped in any further remarks. ■ ,'.'■' ; ■'' ■•

Mr Joyce, in 'appearing for the defendant Perham, stated that he believed the proceedings before the Court - had been taken quite properly, and in the interests of the public. They had excited a considerable deal of local interest, and it wasi at the greatest possible inconvenience to himself;that he .appeared there that day. Perham had expressed the greatest possible contritiohfor what he had done* and-' was willing to make any public apology, and give £5 to the Burnham Industrial School treat. Under the Act the Justices had the power to,,withdraw the information, and he was sure if .'his, suggestion was acted upon in this case, it would-be justice tempered with mercy. Perham had been Very quiet sinee 1 liis last appearance at that bar, and it was only his coming over'to a friend that bad got him into trouble. He was sure that if the course he had suggested was carried out by the Bench it would be. a turning point in, the man's character. If the' case was 'dealt with in the way suggested, the gentleman laying the information- would, not .compromise himself in any .way... It was perfectly right that the information shquld be laid in the interests of law and' justice, and that females walking along the street, whatever their position in life, sliould< not be insulted.

Mr J. Aylmer asked to be allowed to make a statement to the Bench. He said he originally put the-law in motion —not in his official capacity, but as a private citizen, and he would have done so no matter who thei'ladiesTwere. The information was laid by the police, and as far as he was concerned he had no objection to the course/suggested by Mr Joyce, but at the same time he did not wish to inter ■ fere in any way ; he would let the law take its course.

Mr Joyce wished to supplement his remarks by saying that there were many similar cases in New Zealand treated in the way he had mentioned, and he. was sure he would not come here again to defend him in these quasi-criminal matters.

The Bench said if the Sergeant of Police thought fit to ask their permission to withdraw the case,it was Jstill a question for the Bench to decide if the ends of justice would be met by such a course. If the police did not withdraw the case, tho Bench were unanimously of. opinion that they should hear it. ■ Sergeant Willis would notj take the responsibility of withdrawing the case. The Bench then decided to hear the evidence.

J. Aylmer called stated that on Friday evening last he was. sitting under his verandah, and was attracted by the sounds of ladies,' whose voices ! he' recognised, about 30 yards from his house. On going to the place indicated he found the defendant sprawling about with his hands amongst' the ladies, who were flying in every direction. He neither saw nor heard he did anything else. He thought his legs were not steady enough, so he had to guide himself by his hands. He was actuated by no malice against the defendant ; he simply took the proceedings in the interests of the public, and as an example to the young larrikins whom he regretted to see growing up amongst us. By Mr Joyce: Witness was quite 30 yards away from the place where the ladies were. What happened was prior to his arrival there. The defendant apologised to him on his way to the station, but when he got near the Bank of New Zealand he ran away.

The police said that was all the evidence they had to produce.

Mr Joyce submitted that the information against his client was bad, as it did not accurately disclose the offence, nor describe the person. There was no offence known to the law as insulting a female. There was no such word as female in the Act, and as the Statute was a quisi-criminal one, it must be answered strictly.

Sergeant Willis asked that the information be amended, and contended that it competent to do so. Mr Joyce objected, as the case for the Crown was closed, and no amendment could take place on the motion of the police. The Bench indicated an opinion that a case could be amended before judgment was given. Mr Joyce: If that is your Worships' ruling, I would ask you to state a friendly case for an appeal. The Bench held that the original information was good. Mr Joyce then stated that according to the evidence adduced there was nothing to call for any special proceedings, and asked the Bench to divest themselves of the fact that the defendant was Luke Perham, and look upon him as Smith or Brown. He thought the case would be met by a fine of 10s or 20s as a case of drunkenness-

The Bench, in giving judgment, agreed to a great extent that the present was not a very bad case. -For the reputation Perham had got he himself was practically to blame. The Bench did not wish to deal hardly with the case, but this sort of thing must be.put a stop to, and they hoped the case would be a warning to the defendant. The Bench would not take any notice of the £5 ; the defendant was free to deal with that as he liked. The sentence of the Court would be that the defendant be fined-20s and costs, or seven days' imprisonment. The defendant was understood to object to give the £5 as proposed by Mr Joyce.

1 At the rising of the Court, Mr Joyce | made an appeal to the public present on J behalf of the Christmas treat to'the children at the Bumhain Industrial School. Subscriptions would be taken charge of by Sergeant Willis. , The Court then, adjourned. *~; . ," PIGEON BAY' /

The monthly"meetingiof, held at Pigeon-Bay on Safiitdss,Decssjl f Present—Messrs T. 0, / J. Budua, T. M'lntosh,' Jl' Pircaithly, % ahd G. M-Kay. The minutes of the previous meeting were read and confirmed.

' ' - -* \ "i- r : '' ■" / ' i Letters were read— ' • From A. I. M'Gregor, offering to make up the rate roll for the ehsuTffg year. Resolved to let the matter stand, over for the present. . ' ■' ; ; ' ■ ■ - ' ' > From the Treasury Office, Wellington, advising pay men? of subsidy for half-year ending Deo. 31, 1879. ** "' ' Ifrom Bank of New Zealand," acknowledging receipt of "same.- ' /> f l From C. and C. Marshall, in reference to stubbing g'orse offlhe road, and thejrj having leased { their .property to * 'Edward Haines. * '

From Mr Montgomery, M.H.R.,-Btating that he had forwarded to the' Board another copy of the Harbours Act.

From Ooodsworth and Holloway, requesting the Board, to pass the upper 25 chains of their contract in M'lntosh Bay, according to agreement.

From Bank of New Zealand, with receipt: for £15 2.5.7 d for the Board's credit.

From J. H. Mehzies, withf cheque" enclosed for rates. ■ : j 1 From the Chief Surveyor, with plans and particulars of survey to be made through property?, with'?jthe;view of forcing a road through under the Public Works Act, 1876. .

From H. M'Hale,. requesting payment of 30s for work done oh the M'lntosh Bay Road.

/ From the .Engineer re the finishing of Wobdiil's first contract, also Riptoh's contract, and Donald's Road to Holmes' run. Proposed by Mr Pitcaithly and seconded by Mr" M'Kay, that' the specifications in Woodill's first contract be strictly adhered to. Carried.

Resolved: That the Engineer's advice be adhered to in Mr Woodilfs second contract. ■•■'■■: ; ' ' - ' ; ''

Resolved : Not to pay Ripton up to 75 per cent, on his contract. Proposed by Mr Budua and seconded by Mr M'lntosh, that the Engineer be authorized to re-grade Donald's road as soon as possible. (Jarried-

Resolved: To accept Mr Gillespie's offer re stonewalling between his stockyard and the bridge.

Mr M'Kay drew the Board's attention to. the manner in which the saw-mill proprietors were drawing logs on the road.

Resolved : That they be stopped.and requested to repair the damage done,'and in future to draw their logs,on a sledge.

Agreed;: That there be four culverts put in on the road' between A. White's and Giliespie's,'"where decided "on by Messrs Budua and M'Kay.

Resolved : That if the surfaceman wants assistance at any time he get the' same as required.

Agreed: That the monkey be brought up from the Heads and examined whether worth mending or not.

Resolved : That the Chairman have the cemetery bridge put in such a state ot repair as meet immediate requirements. Rqsolved : iThat as soon as the surfaceman with M'Kay'sjroad he* commence'with the Akaroa'road.

A letter was here handed in from the contractors of the Pound, requesting' that the Board appoint some one to pass the work as soon as finished, and grant certificate of payment. x .

Resolved : That the Engineer pass the work, and on his certificate the Chairman settle with the contractors. ; Tenders. The following tenders were then opened :— "' ; For the construction of the upper J end of the Port Levy road—From Barclay's to the Wild Cattle Hill : Brongh and. 'Perham,, £676; Peter Shadbolt, £1098 Is; Henderson and Marshall, £574 12s ; .J. Woodill, £633 15s ; D. O'Shea, £736 7s 6d ; Peter Kuster and Co., £499 3s; Jas M'Hale, £481135. Proposed by Mr Mcintosh and' seconded by Mr M'Kay, that the, tender of Mr, M'Hale be accepted. '; ' ■ ' ■■> _

Accounts to "the-amount "of £208 Is 6d were then passed for payment, and the Board adjourned. ' ', »