SEQUEL TO A QUARREL. MAGISTRATE AND COUNSEL.

Evening Post, Volume LXXXII, Issue 64, 13 September 1911, Page 8

SEQUEL TO A QUARREL. MAGISTRATE AND COUNSEL.

On remand, two young men, James Stellin and John W. Coliins, appeared i before Mr. VV. G. Kiddell. Jj.M., to-day, j Hiafgrd with having on tha 9th ittaL ' nstid threatening behaviour in Custom- i house-quay, whereby a breach of the peace was occasioned. Coliins had pre- 1 fiously pleaded guilty but M«llin, who was reprinted by Mr. WiHord, denied j the allegation. Constable Soott said that at 8.30 p.m. on the- 9th inst. he noticed Stellin and Collins quarrelling in Customhouse-quay. Stellijti was holding Collins, but he released him when he (the constable) spoke to him. Subsequently blows were exchanged, and witness took the m«u into custody, Henry Morrison, of Boukott-street, Wellington, who was present at the time, deposed to hearing Stellin make a remark to Collins., and on its being repeated Collins kicked Stellin in the groin. Stellin then struck Collins, and a fight ensued. In outlining the defence Mr. Wilford said that Coffins had masqueraded as a -clerk of Stellin'g, and as such had ac--cepted a wager in Stellin's name. COBlir>.« asked Stellin to back him up, but Stellin refused, aiid later oil outside Barrett's Hotel Collins itsed some filthy language to Stellin, and Stellin knocked him down. Stellin then walked away, but Collins followed, threatening to ttse * bottle. Near the post office Collins threw a piece of concrete at Stellin, and also kicked him. Stellin. held him «. off, but released him when the constable ■appeared. Collins theft savagely, kicked Stettin in the groin, and after a mte-ttp both were taken in charge by the constable. Counsel concluded with tho remark that if Stellin had not retaliated when. Collins used the language, which Was of a Very filthy nature, he Was not the sort of man that 1 he (Mr. Wilfotd)' Would have defended. Evidence was given by Jame* Stellfa and Richard Lewfe Woodhottse.. an importer. Both witnesses swofe that Collins was the aggressor, and that StelliA. had tried' to avert tronbl* ifc Custom-home-quay. His Worship : Frotty'tho whole of the evidence it seems to me that Slcllin could liave got out of the way of Colflirts if he ' wished to. Each must be ' convicted. Stellift will be convicted and filled lfc. * :': ' ' Mr. Wilforil : Surely, sir, you are not going to enter a conviction' against Stellin on the evidence. His Worship s That's what I have done. / Mr. Wilford : Well, sir, it seems extraordinary. Won't you give him a chanc» to appeal by increasing the fine. His Worship 1 You can appeal on law. Mr, Wilford ; There are no law points involved. His Worship : I consider that Stellin should have got out of Collins's way or .placed him in the hands~of the police. Mr. Wilford : When the whole of the 'evidence ,is that Collins followed ' him. There was no evidence that Stelirn struck a blow, Surely to*" goodness a man who is followed and attacked by another man is not to be convicted of fighting. Let me appeal to you, air, bhat- the decision seems to me to be abeolutety out of all reason. At© you going to allow such a decision that a man cannot defend himself to stand. I appeal to you, sir, in the name of justice and equity, to reconsider the whole matter or reopen the case. His Worship : You can apply for a rehearing, Mr. Wilford : Let me go to the Supreme Court. You are not afraid of your decision being reviewed. His Warship : Certainly not. Mr. Wilford : Any one is liable to make a mistake. His Worship : I do Hot think that •the evidence warrants the fine being*in•creased. Counsel then made a further appeal and ,«aid that Stellin could have, his services in the Supreme Court free. His Worship • Since you have appealed so strongly I will give you an opportunity. The fme will be increased to £5 I#, in default twenty-four, hours' imprisonment. Security for appeal Was fixed at £10 10s. Collins, who< had a record, was mulcted in a penalty of JS2, with two ■witness's expenses (12s).