GREYMOUTH MAGISTRATE'S COURT.

Grey River Argus, Volume LVII, Issue 10312, 20 June 1899, Page 3

GREYMOUTH MAGISTRATE'S COURT.

(Before Messrs Matheson and „••■■■- --^ M'Breartyy JP's.) Monday, June 19th. Two drunks pleaded guilty. One was discharged with a caution and the other fined 5s without costs. „' T Spencer vJ. AWUson, charged -with abusive language at Jacksons, which was calculated to provoke a breach of the Peac«. Mr Guinness, for plaintiff and Mr. Hannan for defendant. Mr Guinness said the information was made under the PoliceOffencea Acfc and called C A Piper, district railway manager at Greymou f th, who said he received a report from Mr Fraser, station master at Jackson, Ythat. abusive and obscene language had been used on the railway platform, Jackson, on March 20th. He passed the complaint on to tha Public Works.Department; but heard nothing more, of .the matter. He met Mr Wilson since and he admitted having ago at him (Spencer.) . - To the Bench—Had the complaint been against another besides Mr "Wilson probably he would have prosecuted him. In ,: this, case he did not do so because the charge was laid as having taken place on the Midland line. There was no different :, laW;fdr.civil servants than for common laborers. From the information he had at.the time he did not have sufficient "evidence to warrant a court case. , By the Bench —Mr Wilson said he had a reason for waiting till he got co the Bfcation.-before using the language. ]j G Spencer said he was in the employ of Government as assistant engineer- at Jackson,.during''.•the year. Mr Wilson was tse chief. He was employed on the railway works on March 20th when Mr Wilson used abusive language to him on the Jackson railway platform. Wilson gaid"." t see you have got your walking and "I thought it was about time.'V,;(Qbssexie language that we co^d.'jipt print yfka then given.) Those in the carriage 1 and on the platform ,001x1(1 hear; what Wilson said. He gave . no provocation for the abuse. He thought Wilson desired to cause a breach of the peace.! Thejnformation was not laid be-

fore owing to an enquiry having "been held and he expected the Public Works Department to take action or the Railway Department. By Mr Hannan— On the day this 'abuse occurred Wilson accused him of reflecting on his integrity and dealings with the contractors and accused him of sneaking a level from his (Wilson's) office. He kept tk copy of the letter he sent to the Minister of Public Works and sent one to Mr Wilson (Mr Hannan then wished to examine witness and produce a copy of the letter sent to the Minister of Public Works. Mr Guinness objecbed. The bench, after hearing argument by counsel allowed the letter to be read ) In the letter, which Mr Spencer admitted- having written, there were various charges against Mr Wilson, including one of grossly overpaying; the men on the railway line. It moreover said that the men looked upon the measurements as a lottery. He took the level for the purpose of testing it only. The level was for the use of tbe use of the staff. - There was an enquiry afterwards and Mr Wilson admitted using the language excepting one word. Mr Haye from Wellington conducted the enquiry, the reresult of which- was nob communicated to him. His complaint was posted before he got the notice of dismissal. School children were within hearing distance of the language used. John Frazer, station master, Jackson, gave evidence as to the abusive language having occurred. He corroborated Mr Spencer's evidence as to the epithets used. He (Fraser) told Wilson he could not use such language on the railway platform and ordered him to move along. He reported the fact to his superior officer. . By the Bench — After he told Wilson to desist he. (Wilson) used other abusive words. J R Recce BaicL he was present when the abusive language was uttered. Two or three men and two or three girls were on the platform and could hear the remarks. Mr Fraser asked Mr Wilson to desist. J Momsey gave evidence as to hearing a parfe of the abuse complained of. R J Thompson, railway guard, said ho heard high words' pass between Spencer . and Wilson and abusive remarks. This was informant's case. Mi* Hannaw said ib ivas imfjoss'ible For the defendant to be convicted as the information was bad. The Court could not convict under the section in which the charge was made unless a breach of the peace had been occasioned through the use of the words complained 0f... Moreover, they were charged- with using abusive language in a public place. The public had no right to walk on a railway platform according to the section under which they were charged. If the Court convicted he would have his remedy. He was willing, if Mr Guinness was, to have the jnatter referred to the Magistrate or to some one skilled in tho reading of the statute. Mr Guinness in reply said the subsection under which, the information was laid had a double Keaning and his client could succeed whether a breach of the peace had occurred or not, if the language was calculated to cause a breach of the peace. He said the question as to what was a public place wanted to be considered in the light of common sense. Any one would say that a railway platform was a public place when it was not fenced off. He pointed out that the railway office and post office were in one building surely that was a public place. - : . The bench found that Me Wit oil was guilty of the charge. Seeing the position • accused held the bench inflicted a higher penalty than would otherwise have been the case, which was that he be fined L 3 and costs L 6 4s. They found that the railway station was a public place, as there was a post and telegraph office there too. Mr Hannan gave notice of appeal and asked the bench to fix the security, which was set down at L3O.