RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1960, 17 August 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before James Fulton, Esq., 11. M.) DRUNK AND DISORDERLY. Alexander Smith, for being drunk, was lined 20s, or 48 hours’ imprisonment. C’HARIi E WITHDRAWN. Alexander Dickson, charged with stealing a bridle from a person named Frew, was discharged, the police not being in possession of sufficient evidence to sustain the the prosecution. PETTY OFFENCES. John Leckic, and Arch. Gibbs, for being at a distance from their cabs, were lined 10s each, and costs. Patrick Lee, for a similar off. nee, was fined a like amount. W. Colburn. charged with riding on the footpath in Castle street, said he did so, but did not believe the police would see him. He was fined 10s and costs.— A charge against Robert Croshaw, for neglecting to keep a lamp burning at a hoarding in Princes street, was dismissed.—Tuomas Hill, for driving without lamps, after dark, was fined 2s Gd and costs. (Before James Fulton, Esq., 11.M., and John Bathgate, Esq., J. IJ.)l J .) INFORMATION UNDER THE JUSTICES OF THE PEACE ACT. Fish v. Hutchison.—Mr James Smith for the complainant; Mr Barton for the defenclant. Mr Smith stated the case, and said that the information was laid iinder subsection 3 of clause 8/, of the Justices of Peace Act, woich empowered Justices of the Peace to require persons charged on oath with using language or exhibiting offensive wn ings or objects to the annoyance of Her Majesty’s suojects, should they be of opinion' it was likely to be repeated, to require such persons to enter into recognisances, with or without sureties, to avoid such conduct in future. He then detailed the circumstances under which the charge was brong it and cal ed, Mr H. S. fish, who said that op Saturday morning he was walking in Princes street with Mr VVilkmson with the intention of going into his shop on business, when opposite the Bank of New South Wales he saw M r Hutchison coming in the opposite direction. The latter stopped Mr Wi kmson, and said “ Here’s a man who has got a newspaper ennta ning damaging statements against A, K. Smith, which he reiuses to leo me see or publish.” He saw from the excited state in which Mr Hutchison appeared to be tliat it was his intention to have a public quarrel, and not wishing to have any such thing, he walked towards Mr Wilkinson’s shop. He heard Mr Hutchison say, “ Here’s a man who has got a Newcastle newspaper, containing damaging statements against Mr A. K, Smith, ■which he refuses to let me see, or to publish.” Mr Hutchison said “Ho was a d—d low blackguard.” He was then eleven or twelve feet distant, and he returned and asked him “ What is that you say, Sir?” Hcjrepeated, “You area d—d low blackguard, and I will give you a d-d hiding the first time I catch you.” He said, “ All right, sir, I shall make you answer for this.” He then went into Mr Wilkinson’s shop, put down the words, and called Mr vViikhison's attention to tln-m. Cross-examined by nr Barton: You say you thought from Mr Hutchison s manner he intended t<> nave a quarrel with you ? lie said what I have stated. And so you heard him say “He is a d—d low blackguard arc you sure he said that ? —Quite positive. Did it strike you he meant A. K. Smith i —No, because when 1 went back But before you went back, did it not strike you those words were a reflection upon Mr A. K. Smith?—No, 1 am sure they were not. He must have meant you?—\es, I am sure of it. Do you think that Mr Smith’s character stands higher than your ?—I do not know that it does. Did it not appear to you very odd, even for a Fish, to go back deliberately to pick a quarrel with a man, for you say “I saw from his manner he intended to have a quarrel" with you.—No, I do not think so ; it was the only natural way; The Magistrate said he would not allow the witness to be addressed by counsel in the manner in which Mr FBh was spoken to Mr Barton held that ho ought to be allowed the usual liberty of cross-question-ing the witness as seemed best to him. The Magistrate declined to allow the witness to be addressed in a disrespectful manner

Cross-examination continued. Did you not go back in a threatening attitude?— No. You swear positively you did not?— Most positively. You were perfectly cool? —I am not alwavs cool.

You saw that he intended to have a quarrel with you, why did you back ?- There is a limit to every one’s forbearance, and I thought to give him an opportunity of withdrawing his words, which, as a gentleman, he ought to have done. In what re-pect were you afraid ? —I did not apprehend he would assault me at the time; but, from his words, I thought he would do so at some future time.

A great big fellow like him, and a little fellow like you ?—I do not think it respectable to enter into a fisty-cuff engagement at anv time.

Vour counsel says you laid this information from a sense of public duty, but 1 add from a sense of bodily fear? —I’he two feelings combined. Are you afraid he will commit an assault upon you? —No, I am not afraid; and should he commit an assault on me, I hope I should be coo! enough n >t to assault him. You have no personal feelings towards Mr Hutchison, and no wish to do him harm ? None at all.

Did you refuse to let him see a public newspaper ? No, I had never seen him. Did you see a person from his office ?■—Yes, but he made the request on his own behalf. Did you not know he was the representative of Mr Stephen Hutch 1 s m?— I thought ho was the representative of Mr J. \V. Hutchison.

Mr Smith objected to Mr Eisb’s being examined about the newspaper, and the Magistrate ruled that it was not relevant to the issue.

Mr Wilkinson on being called, after detailing the circumstances of the affair pretty much as Mr Fish stated them, said he could not I’ecollcct hearing Mr Hutchison say “He would give him a d—d good hiding.” He might have said he deserved “ a d—d good horsewhipping ” or “ hiding,” or he might have said “ He would like to give him a d—d good hiding ” He thought that was it. He would not say Mr Hutclvson did not say what Mr Fish ; slated but he agreed with the words Mr Fish read to him from his note book, though be did not see them when wTUten. Mr Hutchison did not appear at all angry ; he appeared a little jolly over it. He himself told Mr Fish it was d—d nonsense, and to take no notice of it. Mr Barton addressed the Bench in a humorous speech, and thought the case ought never to have been brought into a court. In taking that step he thought Mr Fish had proved himself an odd fish. He called Mr 0. Burke, who was present, who substantially gave a similar account to what had been stated before, but who did not hear the whole of what took plac *, as he had no desire to be mixed up with the affair. MrS. Hutchison was allowed to make a statement, and said :—A our Worship, as already stated, I was proceeding down Princes stree with Mr Colman Burke, and I met Mr Wilkinson and Mr Fish. I took Mr ' ilkinson a little on one side, and said, “ What do you think of a man who, having received a paper brought by one of our ships, which it is alleged contains damaging accounts against A. K. Smith in his connection with the Gas Company at Newcastle. will not let ns see the paper or know its co tents ? Especially as he has been offered L 5 to he given to the Benevolent Asylum on condition that lie allows it ? A man who would do that is a low blackguard. Mr Fish came up and said what is that you have been saying to Mr Wilkinson ?” I said “ I called yon a low blackguard,” I cannot swear to the words, but I think I did say “ You deserve a good hiding,” hut I had no intention whatever to proceed so far as to attack a man whom I do not consider in my own position at ad. Mr Fulton said, “ The Bench could come to no other conclusion than that insulting and pxovoking language had B en used by Mr Hutchi-on, and they could not do otherwise than bind him over to keep the peace ; for if that were not done, there would be no protection again t insulting language, especially addressed to those in pub ic offices. Mr Fi hj had acted throughout iiT a very straightforw ird manner. 'The sentence of the Court was, that Mr Hutchison should enter into his own recognisances in LSO, to keep the peace towards Mr Fish and all Her Majesty’s subjects for three mouths. INFORMATIONS lIV INSBEOTOR NIMON. In the adjourned cases of J. D. Hutton and IS others, charged with keeping pigs within the • ity bmxn -ary Mr Ward appeared for Hutton and Paveltich. It was represented that in most instances, where possible, the pigs had been got rid of. Paveltich was ordered to get rid of his lot before Thursday. John Ker, for a nuhanoe on his premises, was lined 2s fid and costs.