Magistrate's Court.

Bruce Herald, Volume LIII, Issue 67, 27 August 1917, Page 5

Magistrate's Court.

i ~. —— (Before Mr Acheson, S.M,). This Day, CIVIL OASE. Alex. Campbell, Ltd, v Patrick Hogan. Claim £9 10s. No appearance of de* i endanfc. Mr Thomson asked for j udgraent, which was given by defaut, with Court costs JGI 4s 6d. Bichard Moffat v John Wellman. Claim £4 lis 83, Mr Rutherford applied for an adjournment until next sitting,—Granted. Vi CONTEMPT OF COURT, George Andrew Lilburne was charged that on 23rd July he was guilty of wilful contempt in the face of the Court. —Accused entered a nlea of nrovooation.

which the Magistrate accepted as one of not guilty. Constable John Fox gave evidence of service of the summons, reviewed the evidence of the previous sitting, and gave particulars of accused's behaviour on the occasion in question. The accused, in cross-examining witness, denied telling the Magistrate he oould do what he "jolly well liked," qualifying his remarks to the extent that he said " His Worship could do what he liked," proof of which waß that the Magistrate asked him if he wouldn't like to add a third word, Aocused said he did not take his coat off for the purpose of resisting arrest,

but merely to put the collar away from a boil on his neck if he was going to be pulled about. The Magistrate: Do you want to give any evidence ? Accused; Tea, I would like you to review the evidence at last sitting, and then you might be able to see it as I do, When you were examining the ranger you asked him if he knew Mr and Mrs Lilburne; was this her husband ? The ranger said he supposed so. The Magistrate: I have recollections of reproviDg the ranger for suggesting a doubt. Accused objected to the ranger saying j he was too fast, as another meaning might be supplied. Constable Fox and his Worship held that the words used were " too smart." Constable Fox; Did it not occur to you that after the interval in which you were allowed to collect yourself was the most suitable time to make a complaint about the words used. Accused stated that he had not an opportunity, as the Magistrate did not ask for any explanation. He had no told anyone before coming to the Court that there was going to be some fun.

Constable Fox : Has not your experience in the Court taught you that hearsay evidence is not admissable ? Aooused: No; anything might be done in Court as far as he oould see, He had been fined £1 and costs when he was away in Southland shearing, without having a summons served upon him, The Magistrate: In my opinion you have been guilty of very gross contempt of Court, which has been aggravated by your explanation tosday; further, you actually had the temerity to take off your ooat for the purpose of resisting arrest in the face of the Court. I have been twelve years on the Benoh in dis» triots largely populated by Maories and Austrians, who might not be expected to know any better, and have never wit« nessed such a disgraceful exhibition. You were given half-an-hour to collect yourself, as I recognised, you were heated- No other Magistrate would have been so lenient, as the oustom is to impose a fine or a term of imprisonment on the spot. Your attitude to-day, after having a month to consider your posi* tion, is little better than it was. You are convicted, and ordered to pay £5 and costs 7s, or in default seven days imprisonment in Dunedin gaol. Aooused asked for time to pay until after the New Year, but was granted one month.