RESIDENT MAGISTRATE'S COURT. AHAURA.

Grey River Argus, Volume XIV, Issue 1698, 13 January 1874, Page 2

RESIDENT MAGISTRATE'S COURT. AHAURA.

Friday, January , 9. (Before C. Whitefoord, Esq., R.M., and F. Guinness, Esq., J.P.) William Donovan was charged with being . drunk and disorderly, and with using obscene and insulting language towards Constable Dprris, at Half-Ounce, on the Ist January.' The constable said he was passing the hquse of the defendant, in the upper township at Half-Ounce, and the defendant, who was jutting at his own door, sang out, " Thore goes; Dorris, and the coat on his back belongs to me." He drew the attention of a bystander, named Bilby, to the language of Donovan, but this man was n&w at Reefton, and he could not be produced as a witness. He (the constable) was afterwards standing in the street wheitai the deferidantfcame cut of an hotel, with a glass of liquor in his hand, and said — ''Here is to Dorrii, but any one seen talking to the b y scoundrel is outside the pale." He (witness) waß afterwards standing at the

draper's shop of Jacob's, when the defendant came staggering \ip the street, and accosting Colin Algie, said—" O ! ho ! here's a combination : a Government tool in a Jew's rag shop." Mr Algie begged of him to go home, and he went, after giving him (witness) more abuse. Cross-examined by the defendant : You were sitting at your own door, in your own chair, when you claimed my uniform jacket as your property. I was perfectly sober at the time, and J have seen disturbances at Half-Ounce of which I was not the cause and promoter. I did endeavor to prevent the Christmas Sports taking place at Half-Ounce, and if the Police Ordinance had been applicable, I would have summoned all the parties who were throwing the stone in the narrow street, to the danger of the inhabitants. I took the names of the competitors down, and intended to bring them before the Magistrate, but I found the law did not give me the power. 1 consider lam responsible for the safety of the people. I am aware that Constables Jeffries and O'Meara always took part, and were competitors in similar sports, bit I would bo very sorry to follow such examples. They may have been a credit to the cloth they wore, and they may have been gentlemen ; but lam a police constable. I did not flog a woman through the streets of Half-Ounce. Colin Algie said he saw Dr Donovan on the occasion when the remark was made at the draper's shop, but he thought the defendant was " chaffing" Dorris, and that was the reason he advised the doctor to go home, because he considered that any one who attempted to make merry at the expense of Constable Dorris was treading on dangerous ground. He did not consider the defendant perfectly sober, but he was not drunk, neither was he abusive, he was merely facetious. By the defendant : lam aware that you were almost a total abstainer for the last eight months. lam not aware that Dorris was planted among the barrels and packages under my verandah on New Year's eve when the band was parading the town, but he often has been there. I have heard groans given by men, women, and children for Dorris on New Year's day. In his defence, the defendant said the charges were trumped up against him by the constable, without any just reasons. For eight months Dorris had been trying to get a claw upon him (the defendant), and provoked him to commit a. breach of the peace on several occasionu, if he, the defendant, had not controlled himself. ■Dorris practised a most offensive system of espionage on him, and any man could be made a thief or worse if spies were constantly placed to watch him. The presence of Dorris was a blight on the district, and he hoped the time was not far distant when his superior officers would confer a blessing on the inhabitants by removing him to some other locality. Several witnesses were called for the defence, one of whom said that when Toner and Carrell, two competitors, were going towards the ring to wrestle, Dorris interfered "to prevent a breach of the peace," and very nearly caused a serious one. Inspector Goodall closely examined the witnesses for the defence to show the existence of an animus towards Dorris on their part, but this they distinctly denied. After consultation, the Bench dismissed the cHarge of drunkenness, and fined the defendant 20s with costs for using the language complained of. The amount of the fine and costs," about L 3, was subscribed for the defendant, but he refused to allow it to be paid, and was removed in custody. He was subsequentlj liberated and " ovated." O. W. Anderson was charged with a breach of the Licensing Ordinance by allowing his licensed house to be kept open at five minutes past five o'clock in the morning of 28th December. Con- • stable Dorria said he saw the bar of the defendant's house open at the time named on a Sunday morning. He went iuto the bar — there were two barmen and . a crowd of men in front as if drinking. He cautioned the parties and the door was shut, but it was opened afterwards as if it was not properly fastened. Crossexamined by Mr Staite for the defendant : Had complaints before about Anderson's house, and made out summonses, but Mr Goodall refused to allow the cases to be brought on as he considered they were of too trivial a nature. Had received complaints from other persons who are rivals of Anderson in business, that in consequence of the superior attractions of Anderson's establishment no other house could do any business. Refused to give the names of his informants. When Anderson was about to apply for a renewal of his license recently, he intended to oppose the application, but on giving his reasons to the Magistrate and Mr Goodall they considered the objections would be frivolous, and he did not bring them forward. The disorderly conduct consisted in people dancing at unseasonable hours. Did not see Anderson on the occasion complained of. Alfred Borgenson was in charge, and requested him (Dorris) not to say anything about the matter because Anderson would be vexed. Witness slept that night in a butcher's shop opposite Anderson's. Mr Staite said the defence was simply a denial of the charge. It was

in the middle of the busy season, and the hotel was full of people, when Anderson went to bed and left Boigenson, a friend of his, up to mind the house, with strict injunctions not to open the doors until the proper time. At the time complained of, a. band of jovial roysterers who had been parading the town, as is customary at the season, came to the house, pushed the door open, and entered by force. At this moment Dorris popped out of his lair and charged Anderson's barman wi+h opening his house, when the door had actually been forcibly burst in. If the constable had, as he alleged, so many complaints made to him about the disgraceful proceedings in Anderson's house, it was remarkable that the only charge he could bring against him was that of keeping his house open for five minutes, illegally, in the middle of the holidays. The fact was that the police knew that his client conducted his house in a strictly respectable and legitimate manner, and although it was notorious Dorris was continually prowling about seeking for information on which to base charges, he could not get a feasible excuse to bring one against the defendant before. He would take that opportunity of again bringing under the notice of their Worships the great frequency of the trivial and most vexatious charges Constable Dorris was continually bringing before the Court. The conduct of Dorris was such that as it had been aptly remarked his presence was like a " blight " on the district, and it was. high time he was removed. He was evidently a nuisance instead of a benefit or protection to the place. The conduct of constable Dorris was calculated to bring the police force into contempt, for it was not within his (Sir Staite'sjT recollection that Dorris had ever brought one genuine charge before the Court. It was no light matter for parties to be dragged all the distance from Half-Ounce to Ahaura to answer frivolous charges which their Worships almost invariably dismissed. The expense of coming to. defend these trivial/ paltry, contemptible trumped-up charges was ruinous, and the subject really called for an admonition from the Bench. Their Worships saw the spectacle to-day.of a number of most respectable witnesses come forward voluntarily and testify one and all to the unbearable conduct of the constable, and it was time the Bench interfered, for no constable or any officer ever could incur such odium by merely doing his duty. He trusted the Bench would devise some means of finally settling the differences between the police and the people of Half-Ounce, for affaiw were coming to a climax, and a remedy would have to be applied. Mr Staite called a number of witnesses in support of his statements, one of whom said Anderson cautioned him not to open the house, as Dorris was planted somewhere about. The Bench eventually dismissed the charge. The other cases were withdrawn. Jas. Hughes was charged with destroying certain property of Alexis Foldi, at Half-Ounce, •on Ist January. The complainant did not appear, and the case was Btruck out. Subsequently both parties came before the Court, and the complainant said that as the defendant had apologised and offered to pay LI to the Hospital, he was satisfied. The money was paid, and the case was dismissed. CIVIL CASES. Wakefield v. Edwards, and Edwards v. Wakefield, were cross cases arising out of a dispute over a transaction in horse flesh. Both parties obtained verdicts for the amounts they claimed, and everyone on all sides seemed to be satisfied.