A SEQUEL TO THE ABOVE.

Greymouth Evening Star, 13 March 1917, Page 6

A SEQUEL TO THE ABOVE.

COUNTER-CHARGES.

MADF .BY FITZUKHALD. Aubrey Houston was- then charged, on the information of Maurice James!. .Fitzgerald, with (I) having used obscene language, and (2) with refusing to leuve the informant's licensed premises when ordered to do su by the informant on the 10th February, the morning after the incident above referred to in a Post Office Hotel bar parlor. Mr. Joyce appeared for the informant and Mr. M. Htwnan for the defendant, who pleaded not guilty. Mr. Joyce stated that the defendant and Wright went out- to plaintiff's . hotel and attempted to incite plaintiff to fight, and in doing yo used the language complained of in the open bar of the hotel, which counsel stated was a "public place" in accordance with the latest amendments of the Act.. His Worship, after perusing the information, said the words' alleged to have boon used by defendant were not obs/cwu!.

THE EVIDENCE. Maurice James Fitzgerald said the defendant and Wright visited . nt* hotel about 11 a.m. on the morning of February 10th. Defendant said, "You're Fitzgerald, the leader of uio lied Feds-" "Witness said, 'I don't know what you mean; I presume you are conferring an honor on me." Defendant then said, "You are a b red b d: 1 have n ear, come out and fight me." Witness refused to go out to fight, whereupon defendant repeated the language. Defendant then called for drinks; these witness refused and ordered him to leave the premises immediately, also staling.his language would not be tolerated at Billingsgate. Defendant took a bottle from the counter and struck an altitude as if lie were going to strike witness, who placed his. face over the counter, remarking, ''Oh, you are a bottle-throwes—fire away." Defendant then said, "No. you don't, you would have me then.'" Defendant's friend then, came in and used objectionable language to witness, and ultimately induced the defendant to go away. To Mr. Ilannan : He could not say if there had been any need for defendant to Hay ''You're Fitzgerald" after the encounter of the night before. He denied that he had said he was at a disadvantage, in having had a glass in his' hand when struck by defendant the 'night before. He would deny telling a man named McKay, on the morning of the 10th, that he was looking for defendant and would follow him from the North Cape to tho Bluff. Defendant, on the 10th, said, "Come out, I've got a car," but did not say he (defendant) had been told that witness was looking for hitu Witness said he had acted according to the instructions of his .solicitor in laying the present information a month alter tiro police had taken up the charge of sedition against Robert Mclntyre, carter, was at the informant's hotel oil the morning of the 10l.ii. He saw the defendant and Wright there together. Houston ''iMsd language that one would not hear in the bush.'' Defendant asked Fitzgerald out to fight. To Mr. Hannan : Hoihttoii said Fitzgerald was. a mongrel. Mr. Hannan pointed out that it was Wright who was said by Fitzgerald to have used that word on leaving the hotel, but witness said he had not heard Wright say anything. Witness did not hear Fitzgerald order Houston off --'j

premises* Andrew Quinlan, barman at the plaintiff's hotel; saw the defendant and Wright e<aii« into the bar. They asked for a shandy »nd then for Fitzgerald. At soon a» Fitzgerald* came Houston put down his business card and wanted to right.. Heutfton said, ''J hear you are the leader of the Red Fed*; if you are, you aro a 1, d." Fitzgerald did not r,eply. Houston used strong language and asked Fitzgerald out to light, Houston put his. hand on u buttle on the counter, but did not raise it, although he assumed a threatening attitude,

To Air. Hannan: Witness had known why Houston went to thoiiolel. lie had heard "f the row the night before, Houston tsiid ho would take Fitzgerald in the street or away in the ear to light. Fitzgerald refused to goin reply to his Worship, witness said Wright gave a haul in the tail talk, but defendant gave the parting shot.

William Williams, poller at the hotel, said lit; was cleaning bray» in front of the bar counter when defendant and another came in. Fitzgerald said, "You are my opponent." Houston said, "You are nothing but a I) Red Fed b d." Witness saw lloitiiton raise the bottle, picking it up off the counter, while Fitzgerald put his face forward and Houston put the bottle down again. Wright, in go. ing out, used the word mongrel. Defendant al;i<> passed an insulting remark on leaving. They had had drinks and each paid for their own. The;,- asked, for a second drink, but were not served.

To Mr. ITannan : The defendant and his mate wei'e -served with drinks and had time to consume them before Fitzgerald came on the scene, the latter being down the passage. Defendant auid he had heard that Fitzgerald was* looking for him, George Webster, tnotorman, took defendant and Wriglit to the informant's hotel Un the tuoi'ning of the 10th, Defendant asked for Fitzgerald and handed the latter his curd. Fitzgerald siirca.-iticnlly complimented Houston on the way he had attacked him (Fitzgerald) the night before. Witness had his drink and then went out of the hotel. To Mr.' llallium : The words used by Fitzgerald were, "J must congratulate you on the manner in which you attacked me latit night."

This concluded the evidence for the plaintiff. His Worship said the evidence had not borne out the fir.it charge. The words alleged to have been used were not obscene, Had the information been laid under the Justice of the Peace Act, in that the words used were calculated to provoke a breach of peace, it would have been proved. The charge of obscene language was therefore dismissed.

The charge of refusing to quit licensed premises was then proceeded with.

The defendant Houston, called on the- second charge, said he had been told that Fitzgerald was looking for lam. He went to the bar, and on Fitzgerald coming forward said, "1 understand you were not satisfied last night and Uiat you are going to follow me around and fight me." Witness offered to give Fitzgerald "satit,faction" any time he liked, but Fitzgerald said he would not tight, also that' he did not know witness. Witness replied that if be (Fitzgerald) had a spark of manhood in him he would vindicate, himself and at the same time offered him out to fight. He had not known the night before that Fitzgerald was a Bed Fed, and admitted calling the informant a 1, d." Witness called for a second drink, but Fitzgerald told his; barman not to serve them, but did not order witness to leave the premises.

To Mr. Joyce: He knew nothing about the telephone story of Fitzgerald. Witness denied using oaths. To his Worship: Witinetis was not ordered to leave, he was simply re* fused drinks and was not in the hotel more than ten minutes altogether. Wright' also gave evidence and de* nied that either he or defendant were ordered to leave the hotel.

His Worship said that even assuming that defendant had behaved in such a manner as to induce tins licensee to order him off the premises, the statement that the defendant had been ordered to leave the hotel waij not borne out by the evidence, and the information would therefore be dis* missed.