A JOURNALIST IN TROUBLE

Bruce Herald, Volume XXI, Issue 2178, 27 June 1890, Page 3

A JOURNALIST IN TROUBLE

We learn from the 'Northern Courier,' published on the North«east coast of New -South Wales and not far from the Queensland border, that amoogst the cases called at a recent sitting of the Police Court was one affecting a former resident of Mil to n. It was that of Harold Treatt v. Joseph Mackay.— Charge of using insulting language calculated to c-iuse a breach of the peace, by saying the words " Yon brat." Mr Mackay objected to the summons, stating that as there was only one solicitor on the Bellinger he could not get a lawyer, but be had referred ihe summons to MrGiifillan, at K'-mpsey, and Mr Gilfillan told him the summons was worthless, as the offence was not fully set out. Mr Gilfi lan pooh-poohed the case, and said lie (Mr Mackay) could call a man what he liked and it was no crini •.

The Bench decided to go on with the case.

Plaintiff (swon-) stated : He had just passed Mr Maekay's office in F^rn-in-nnnt, when Mack iy askmi if certain subpoenas, for which he had applied the previous day, had been s-rv.-d Told him he did not know, but thought th^re was only one nerved as there waa lOd to pay. Mackay offered him Is, but told him he h-id better corae up and attend to the business himself, or else get him th*- lOd and he would take it. At tint Mackay caught his bridle and held his horse, and called his son out of the office to witness the refnsal to take the shilling. Told him to let g) the bridle, bub he would not. He then spurred his horse, to ride on, but Mac kay held him too fast. He could not remember all was said, but could distinctly remember Mackay using the words " You brat, you."

To Mr J. Mackay : Refused to take the Is, as a former transaction with defendant was unsatisfactory. Was in the C P.S. office at Boat Harbor the day before, when defendant asked what would be the cost of four subpoenas. They told him they did not know ; but thought it would be about 2s, but his father would be back in a few minutes. Defendant theu put clown the 2s and left the office.

J. W. Gregg, saddler, Pernmount : Remembered the sth inst., his attention bemg attracted by loud tones in which Mackay was speaking. Went to the door, and saw defendant holding Treatt's horse by the bridle and speaking angrily to him. He then let go the bridle and called his son Robert. Treatt at the B'tme time started to ride on, and when there was about four or tive yards betwpen them, defendant walked up quickly and Seized the bridle again, and held on till his sou cime oub ol the office. He could not hear all th it was said, but heard defendant say "You brat, I have a good, ruiad to smack you." Joseph Mackay, for the defence, stated: Went to MrTreatt's office on the morning of 4th inst., and Mr Treatt was absent, as he had been on the last three occasions. The plaintiff was in the office, and he understood that he was an assistant bailiff. Asked him what was the cost of getting out four subpoenas. Plaintiff said 2s, and he took out a purse full of silver, and paid down the money, and if he said 4s he would have paid it.

The bench at this stage of the proceedings objected to Maekay's rambling statements, and after a time got him to start about the morning on which the offence was committed.

Defendant (continued) : Saw young Treatt on the morning of tbe sth, and asked if the subpcßnas had been served. Was told that only one was served, as there waa lOd short. Offered plaintiff ls, and he took it out of his hand, and then handed it back again saying, "Mr Mackay, business is business, give rae the lOd and I will take it." His whole demeanour was insulting and offensive, and enough to anger any persou Witness said — " A brat of a boy like you to attempt to teach me business ! after being 40 years iv business and old euough to be your grandfather." The plaintiff then attempted to start on, but witness said, " wait please until I call a witness that you refuse to take the Is." Called his son Robert out of the office, and plaintiff rode his horse fair at him, and tried to run it over him. He then caught the rein to protect himself.

Samuel Mackay (sworn) stated: Was nearly 14 years of age, and knew the nature of an oath. Was standing on the door step of the office, while the altercation between his father and young Treatt was going on, but could not hear much of what was said. His father called Robert out, he called bim twice. Treatt tried to ride his horse over his father, and he caught the bridle rein. When Robert came out he let the rein go. To tbe Bench— Was not told what

to say when he came to Court. His father only told him to come to the Court. As the case of Harold Treatt v. Joseph Mackay, for assault, came from the same trouble the Bench decided to hear the evidence in that case too, before giving their decision. The witnesses were re-examined, but excepting that the defendant and his son were a little more certain that the plaintiff deliberately designed to ride over the defendant, and the plaintiff and Mr Gregg were a little more certain he had no such design, there was no fresh evidence forthcoming. Mr Rowley was satisfied in his own mind that his client had the preponderance of evidence in that given by the plaintiff himself, and tbe independent testimony of Mr Gregg, as against the evidence of Mr Mackay and his " welltutored son." who was brought forward in lieu of his son Robert, but why he did not know. Mr Rowley was called to order by the Bench for referring to the witness as a well tutored one. . The Bench fined defendant £2 12s 8d; imprisonment in default. Defendant : I have committed no crime in the Bight of God. I'll take it out. Mr Muf-hews : Very well ; itwill be seven day , in each case cumulative, that will be 14 nays. Defendant: All ri-^ht. (Aside): Yo*i can make it 14 months if ytin like. Mr Mackay wan then taken to the cells aud the Court closed. •Suits quent ly Mr Stele complained of the inconvenience nf having a lodger for such a lengthened p nod, and asked if Mr Mackay could not be sent to JlCeu>p>ey g*ol. The Court was then rr-opf-ned, and Mr M -ckny ordered to »|>pi-ar a^ain. Mr J. mes : Mr Mnck>y refu-.es to apical* before the Court again. Mr Matthews : B< ing him in. Constables Jones and S eele then left the Courtroom, and sh rtly after appeared, accompHuied by Mr Mackay. MrM.ckayrl refused to come in again, but I was compelled to. Mr Ma thews : Yea, I know ; we told them to fetch you ic. The Bench then committed Mr Mackay to Kempsey Gaol for 14 days. Mr Mackay left for Kempsey Gaol in the custody of Constuble Jones.