RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XVII, Issue 1307, 25 January 1889, Page 2

RESIDENT MAGISTRATE'S COURT.

Akaroa : Wednesday, Jan. 23,1889. Before W, B. Tosswill and A. I. McGre-

gor. Esqs., J's.'P. NEIGHBOURS QUARREL,

Henry James Pease charged John Ryan that be did, on the 18th January, in Gre r han Valley, use insulting language towards him and his wife, and that as he jvas in bodily fear of the said John Ryan, asked he might be bound over to keep tha peace. Ryan was further charged by same complainant with using indecent language in a public place. fir Potts appeared for complainant, and Mr Henning for defendant.

Mary Pease, wife of defendant, remembered the night in question. She and h«r husband were in the garden picking some fruit, when Ryan began abusing him from the road. He called out ber husband was a liar and a thief and a spy, and he would put a fire stick in tho house. He further said that the Condons were no good : they were transported to the colonies. Ryan was on the road, and bad a stick in his hand, with whioh he hammered the gate. He called on her husband to come out. Witness was much frightened for fear Ryan should come to the house.

By Mr Henning—Mrs Ryan tried to get Ryan away. Mrs Ryan accused me of killing ber fowls and stealing her eggs since this—on Sunday last. My husband did not use bad language to irritate Ryan. Mj husband is afraid Ryan may do some harm to us. We bave used a road by Ryan's to go to town. We thought it a right-of-way. Never heard my husband abuse Ryan's children. By Bench—When Ryan asked my husband to come out. he said •« Come out Pease till I kill you." He actually threatened to kill him. Henry James Pease, bootmaker, sworn, said—That laat Friday evening Ryan came up the road, called him a mean dirty thief &nc \ a b——r, and said '• Come out or I'll kill you." He and his wife were picking raspberries. Ryan stood at a gap in the fence and said witness was transported, and the Condons were no b——y good, and that old Condon was transported. Ryan was very violent and abusive, and, fearing he would come to the house and do damage, witness went to tbe police. By Bench—Defendant threatened to burn tha place. By Mr Henning—l am af rai A of damage being done to the place, and my sal f and .my wife also. 1 have tried lo be a good neighbour to Ryan. Have had no complaints from defendant as to loss of eggs and fowls I have told Ryan's children to keep out of ray garden. I have been obliged to. I have never used abusive language toward them. Mary Ann Magee, sworn, said—Heard a disturbance on Friday night at Grehan Valley. Ryan called Mr Pease to come out, saying he was a robber, and be would kill bim. Want inside after this. Ryan was on the road, and witness was in the garden of ber own house. Never beard Pease address Ryan's children. Was not aware Peasa and Ryan were on bad terms.

By Bench—Did not hear Pease answer Ryan. For the defence,

Joanna Ryan, sworn, said—l am wife of defendant. On the 18th I sent Ryan op to accu* _ Pease because he had killed a fowl of mine, and taken 16 eggs. My husband said, " Come out you snobs ? you're only old lags." Mr Pease annoys my childien very much. One of the children came into the house one day quite terrified. This was about a week ago. Pease called the boys " By Irish pigs" one morning as he was going to wjrk. Mr and Mrs Pease are bad examples to my children. I told Ryan to come home after the altercation with Pease.

By Mr Potts—l was angry at the fowl being taken, and told my husband to accuse Pease of it. I did not hear my husband threatening to burn the place, or wee him hammer the gat. with a big stick. I did not hear my husband use bad language. He never swears or uses bad language. He said ''Come out hero, soapy-faced Pease. What's the last letter you've written to Mrs Waßcoe ?" The stick was a bit of willow one of the boys had been riding for a horse. John Ryan sworn, said—That Pease had killed a fowl and chicks that were by his houße, and when his wife told him it made him indignant. He went to complain and $aw Pease sitting with bis wife in the garden and said " Come out you soapy faced Pease." Never threatened to kill Pease or to burn the house and never used bad language. His life was a constant source of worry to him with these quarrells. Living in Grehan Valley was as bad as being in a fair at Bally Hooly wid their rows and their factions. Faith, their worships would belave bim when he said that the whole affair was not worth " the schmoke of a tobbacky pipe." It was hard indade to have such neighbors, he had tried to be good friends but it was no good, Pease bad told other children in the street not to play with them «' b— y Irish pigs " meaning his children. Had let Pease have the use of his property to ! go to town. Pease had taken fat and other things. Instead of Pease being frightened of him it was he who was terrified at Pease. (Witness told precisely same tale of the altercation bb bis wife.

By Mr Potts —Pease told me he would kill all my hens and chickens, My land goes right to his house. Timothy Ryan, son of defendant, and twelve and a half years of age heard a row between his father and Pease. His father called Pease soapy faced but did not threaten to kill him or burn the hou&e. When Mr Pease met him and his brother be called them by pigs.

By Mr Potts—Heard his father say " Come out soapy faced Pease." Heard him call Pease a lag. He asked Pease to have a chat when his mother tried to get him away from him. By Bench—Was quite sure he did not hear his father either threaten to kill Pease or burn his house.

This concluded the case,

The Bench said before tbey gave judgment they would hear tha charge of using indecent language.

Mr Potts said the evidence would be precisely the same as that given, and called attention to certain parts of same.

The Bench said that in that case they would dismiss the information for using indecent language the weight of evidence being in Ryan's favor, he, his wife and son declared it had not been used, and they had only the evid .noe of Pease and his wife against it. With regard to the other case of using threatening language the weight of evidence was against Ryan. Mrs Magee a di-int .rented person confirming the 5t.... . .. .:. >!f and Mrs

Pease. Ryan would therefore be bound ovetlo keep the. peace as prayed for Six momhs, himself in £10 and one surety of £10.

The .Court then rose,