JUSTICES' COURT.

Hawera & Normanby Star, Volume XXXI, Issue 3031, 27 May 1895, Page 2

JUSTICES' COURT.

,;.:' . Manaia, 22nd May. (Before -Messrs Stoddart, Young, Crow* idnuittrad A. 0. Milne, Jasiioes.) Harry Stevens was charged on the information of the police with having aged obscene langtwge, at. Raponga on the 26th Maroh. Mr Bennett appeared for the accused and pleaded guilty, bat BBked the court to Seal leniently owing to tbe previous good character ol acoußed. Evidence was taken, and accused was ordered, to come op when called upon daring the next six months, and to pay one- third of the oosts of the witnesses' expenses, the Bame witnesses having to appear in two other oases: Miobael Franklin and W. F. Howard were charged on the information of the polioe with having at tbe same time behaved in a riotous manner. Mr Bennett, for accused, pleaded not guilty, and tbe two oases were heard together. F. Taylor said that be saw Franklin and Nicholson, of tbe Kaponga Hotel, having a equabble, and saw blows, bat oould not say who began tbe row ; Howard was not disorderly. Cross-examined— Did not bear Nioholson threatening to punch Franklin ; heard Nicholson saying to the two aooused that he was surprised that language such as used by Stevens was being encouraged; did not hear him aotually charge tbe accused with having encouraged him. Jobn McDonald said that tbe accused were rather disorderly ; Nicholson came out and asked them to stop their dieorderly conduct and go home. After that Franklin jamped oat of his baggy and struck Nicholson because Nicholson Baid Franklin was urging Stevens on in his disorderly oonduot. Cross-examined— Tbe accused were at Kaponga Hotel about half an hoar, bat tbe disorderly oondact only lasted a few minutes; Stevens' affair led on to the •onduot oomplained of in this case ; saw the fight ; accnsed web not disorderly before the fight ; if Nicholson had not come out there would have been no fight and no one to fight with. Herbert Brunette said he saw Nicholson with his coat off; Howard was in bis buggy and was not, as far as be saw, disorderly. Cross examined — Coald not say what led up to tbe row. Frank Bnlmer said that the accused did not bebave badly at all. There was a bit of a row between Franklin and Nicholson. Howard was sitting in the buggy when the row started and remained there nntil after it was over. Tbe hotel door was pushed open by Franklin. Howard. did not take part in tbe disorderly scene. Cross-examined — The cause of the fight was that Nicholson told Franklin be was surprised at him urging on Stevens. Franklin denied it, and jumped out of the baggy and struck Nioholson. Franklin behaved himself properly until Nicholson cams out ; Stevens then bad his coat off. Franklin told him in a jocular tone to put his coat on, as he (Stevens) was gcod enough for Nicholson with his coat on. He thought this was said to get Stevens into the buggy and away home. Jobn Melville said that Nicholson oame out of the hotel and said to Franklin that be was told in the bar that Franklin bad been urging Stevens on. Witness was dose to the buggy and was sure that Franklin did not urge on Stevens. Thought that both Franklin and Nicholson were equally to be blamed. Howard took no part in tbe row, bat said to Franklin and Stevens "Come on, or I shall go home without you." Mr Bennett contended that in order to prove that the riotous behaviour had taken place, it should be shown that there mast be an intent on the part of three j persons at least to do an illegal aot in a tumultuous manner. He said that tbe evidence shows that even disorderly conduct bad cot taken place by tbe 'aoonsed. He argued that in any case there had been strong provocation on the part of Niobolson against Franklin. The oase was dismissed agaiust both of tbe accused on the ground that there was absolutely no evidence against Howard ; and although there seemed to be a little disorderly oonduct, yet Franklin had had considerable provocation, and was really trying to get Stevens away.

A plain and' fancy dress social is to be held on June 6th in aid of St Joseph's Church and Schools.