THE J.P. & THE BAKER.

Dominion, Volume 5, Issue 1336, 13 January 1912, Page 6

THE J.P. & THE BAKER.

AN AIRING IN COURT."A BEAUTIFUL J.P." "IF YOU POINT A REVOLVER AT ME-" Yesterday, William M'Alpine, J.P., an elderly grocer of Tinakori Road, asked tho Magistrate's Court to bind over Harry Brown (of Brown bakers) to keop the peace. It was alleged that, for somo time, Brown had used insulting and provoking langnago to M'Alpine. Mr. H. F. O'Lcary, who appeared for the complainant, quoted tho iollowing as a sample of tho language attributed to Brown: "You rogue! l'ou dirty old scoundrel! You a J.P.' A fool J.P. you are!" "Wo hold," said Mr. O'Lcary. "that that is insulting language liable to provoko a breach of tho pcaeo, and thorofcro wo ask that Brown bo bound.over to keep the peace. This man has never missed a chance of persecuting complainant, and even since the summons was issued, ho has not ceased to annoy him." In the course of evidence M'Alpine said that, on tlie date of tho information. Brown had addressed him in the presence of a boy, as follows:—"Hallo, old Mack! When are you going to pay up your debts? You aro an old scoundrel, an old rogue, and you are a fool old J.P." Brown had then slapped him on the face. Mr. O'Lcary: Did you reply to that? M'Alpine: No, but after a while I coolly addressed him. I said that, on ono occasion, tho family was in need of the services of a J.P., and they came to me, and 1 fixed up the papers for them regarding a fire. Mr. 11. E. Evans (counsel for defendant): Do you owe any money to the defendant .'—"No." Did his firm recover judgment against you ? . , The reply of tho complainant, gnd some subsequent statements, were not regarded as direct answers, and M'Alpine was repeatedly requested, to answer "Yes," or "No." His Worship tendered a little advice on tho answering of queries, and then Mr. Evans asked: Has not defendant on many occasions asked you for money owing by you to the firm regarding a broken window? Tho answor was not cloar. M'Alpine remarked that Brown had offended him by calling out to him in the street about the alleged debt. Mr. Evans: Didn't you say that yon had, a revolver upstairs, and that if he didn't keep quiet you would shoot him? -"-No." Have you ever thrown stones at him ?— "No, I have not." . Have you ever made insulting gestures in the street by putting your fingers up to your nose?—" No. He has done that to me." s There i 9 a passage-way near your shop? —"Yes; that is whore he has insulted me on many occasions." Do you know a young man named Moxam? —"Yes; that is a young man I only spoko to when I asked him why he always made a noise when passing my door. , , Did yon throw a bucket of wator over the fence at him?—" No." Did you say to Brown: "Have another fire and get .£200"?—'"No." Did you ever use such remarks to him as "Go and live among the Maoris—that is your place"?—"l did not." Did you call him'a murderer?—"l have calldd him little things for my own safety. Ho has threatened to como over from tho other side of tho road and smash me." Did you call him a murderer ?—"Anything 1 fiver called him—" Yes or no? Did you-pver call him a murderer?—'"Any little thing I have called him hns never been done with malice." Mrs. M'Alpino deposal that she heard Brown." say to M'Alpine: "You a J.P.! A fine old J.P. you are! I will smash your face! You ought to be in Porirua!" She did not think that her husband provoked Broun. Brown Jiad annoyed her husband for two years, and she was always afraid that something would happen. TheTe was every chance oif tho annoyanco being continued. Mr. Evans: Did not. Brown say: "If you were a younger man I would 6mash your face"?—He may have said that, but afterwards he said; he would not soil his hands on him. Harry Brown, tho defendant, stated that M'Alpino had owned his firm £3 15s. for three years—"since he committed a breach of tho peaco by breaking our window." Almost every time that they met defendant asked him about paying the debt. On tho occasion in question, he asked _ M'Alpine about the debt, and M'Alpine turned to a boy and said: "Don't you think that he is fit for Porirua?" M'Alpine also said: "Go and have another fire and get .£200." Continuing his evidence, defendant said: "I then called him a dirty old scoundrel, ah old fraud—and I believe he is—and a beautiful J.P. .. . Once, when I asked him for the money, ho called mo a dirty beast. He also said: 'I have got a revolver upstairs, and if you don't go away I will shoot you.' I said: 'If you point a revolver at me, I will half murder you.' After that he has called me a murderer." Defendant had never had auy intention of using -violence on M'Alpine, and had no such intention as regarded tho future. Defendant was 2-1 years of age. In giving evidence, a brother of defendant said that M'Alpine seemed to think that all the annoyance which he got. from children, etc., in the neighbourhood was inspired by the Browns. Tho magistrate said that there waa a great discrepancy in the ages of the parties, and, although M'Alpine may owe Brovm money, there wero means under .the law of dealing with that matter. Brown ought to have known better than address an old man as he had done. Taking them physically, M'Alpine could have no chance of dealing with Brown, bo the latter was quite safe. Brown was bound over to keep the peaco I for six months.