RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XII, Issue 715, 14 September 1859, Page 4

RESIDENT MAGISTRATE'S COURT.

Cheistchurch—Sept. 3. (Before John Hall, Esq., Resident Magistrate.) BEGINA V. W. H. PEECIVAL. Adjourned from 30th ult. Charge of causing a crowd to collect, and of conduct likely to provoke a breach of the peace, aud using abusive and insulting language in the presence of a police constable. Police constable William Bolton, sworn—On Friday last, about six p.m., in accordance with a request from Mr. Ballard, I proceeded to the Golden Fleece and cleared the house. The accused was there, and called all the parties who had come out of the house round him. I asked them t» go away, and he called them back. Ho then addressed thorn, commencing in this way,**' Englishmen and brothers—What have these men got to do with us, if we liko to go into the house?" and at this the mob cheered. I requested accused to «-o away and also to let the others go. He spoke of My. FitzGerald, his Honor, and Mr. Olliviev, as bringing immigrants out to lower the price of wages, and then there was another cheer. I requested' accused to go away a second time, and the mob round him cheered a«mu

Accused afterwards spoke against the police, calling out that they were interfering and not doing their duty, and afterwards following mo into the road said, " I could have a bloody row." I can swear ho said this.

Cross-examined by accused—The provocation to the bieach of the peace for which I have accused you was made by your calling the mob round you when I requested them to go away. I can swear that you Baid you would have a bloody row. I did not hear you say that we must obey an order, and that by taking it temperately we should get redress. I did not hear you call upon the parties inside to obey an order, quietly. There were 30 to 40 p er . sons present. The thoroughfare was obstructed by your calling the mob round you. I will not swear that three bullock teams could not have passed on that occasion. I have had no complaint of the thoroughfare having been obstructed by you. I did not ask a man named Ward at the White Hart whether you had said that you would take a party to the Fleece on that occasion. I was not told outside the Fleece that I had no business to interfere with you, and that I was doing an illegal act in so doing. I saw no blow struck nor anything bordering upon a blow while I was there. A man named Hayes was taken into custody from the mob round you. By the Court—The parties were collected upon the path in front of the verandah at the Golden Fleece, aud the accused was standing underneath the verandah. John Frederick Ballard, sworn—Owing to a dis-

turbance on the 26th inst., in the evening, I sent for the assistance of the police, to clear my house. The police turned the parties out into the verandah, and I could hear accused haranguing them outside. I heard him say, ""This may be law, but it is not justice, to refuse men drink in a public house," and every now and then I could hear the people outside cheering at his observations. I then went away. Cross-examined by accused —I did not hear the people ordered out by you. I was not in. the room. By the Court—There might be about 20 persons outside. •

Albert Weippert—l saw accused and several others inside the Fleece on Friday evening last. There was some disturbance and I went outside. Accused was urging the parties present to make a noise. I did not hear any abusive or insultinglanguage made use of. By accused : I was not present when the persons in thVroom were ordered out by the police. I did not hear, you use any abusive or insulting language. I did not hear you call the mob back when you were outside. -I do not think you could have called upon the persons present without my hearing you. :I did-not see you cheer, nor call upon the persons present to cheer. I heard no complaint from any one of being unable to pass by on account of the crowd. You were on the footpath when you were addressing the people. I saw a person taken to the lock-up while you were there. Ido not know what for. I was" subpoenaed to give evidence in thiscase.

John Younghusband tfwbrnY I remember on Friday last as I was going to the Fleece seeing accused in the taproom, but some tinie after that the police had cleared the room. I know nothing of the occurrence referred to. This closed the evidence on the side of the prosecution. For the defence the following witnesses were called:— William Gosling: I saw accused outside the Fleece on Friday evening, with from seven to ten persons round him. There was no disturbance while he was there; there was, however, afterwards, when accused was not present; I saw a constable put his hand upon accused while he was speaking. I did not hear him call upon the men to cheer, nor did I hear of the thoroughfare being obstructed in any way. By prosecutor: I heard no cheering while I was there. ■ ' " -.':

By the Court: I did not see a second constable present. There might have been one. I heard no cheering previously, and nothing drew my attention until I was close to the Fleece. I did not see or hear accused behave himself in any way likely to provoke a breach of the peace. I did not see, bat I heard that a person had been taken to tli& lock-up. John Mills sworn: On Tuesday evening, between five and six o'clock, I saw the police go into the Fleece, and shortly afterwards the people inside came out with Mr. Perceval. I heard him say that they had better obey the laws, and from what I could judge, accused's behaviour tended to keep peace and quietness rather than anything else. I did not see or hear any disorderly conduct while I was there. There might be about twenty people1 outside, but there was no disturbance. I saw a man taken to the lock-up, I suppose for being tipsy. Accused, I should consider, had had a glass, but was not the worse for drink. Luke Judge sworn: I was passing the Fleece about half-past six p.m. on Friday, I saw accused there addressing the people outside, telling them that they must obey the Queen and the laws. By prosecutor: I should think there would be about thirty or forty persons there. George Hannah deposed to seeing the accused at the time and place referred to, but saw nothing approaching to disturbance or breach of the peace. Henry William Kead deposed also to the same facts as the former witness for the defence.

Thomas Burns stated that he saw the peopleturned out of the Fleece and heard them complaining rather loudly at being so treated, and that Mr. Perceval held up his hand, and called to them as Englishmen and brothers to respect the laws and keep quiet ;_that they did so, with the exception of one or two people so drunk that they were past control. Accused left about five minutes afterwards, taking the most unruly away with him to pacify him. By prosecutor: There were about the same number of persons around Mr. Perceval outside that there were inside the house. Accused did not after the disturbance return inside the Fleece. By the Court: I saw a man taken away to the lock-up. This closed the evidence on both sides, and accused replied at considerable length. He contended that on the evidence for the prose* ration itself the charge must fall to the ground, and that although he could confidently expect that; enough had been stated without calling witnesses for the defence to warrant the Bench in dismissing the case, yet he wished to place his innocence of the charge beyond the possibility of a doubt; and that this had been attained the*evidence of the witnesses he had brought forward placed beyond the slightest contradiction. He wished to call the attention also of the Bench to what he considered to be an unwarrantable interference on the part of the Sergeant of the Police, when one of the witnesses for the defence was about to commence his evidence, namely, that .the Sergeant addressed the Bench with—' Please your Worship, this man (referring ! to tha witness Hannah) was brought before you for drunkenness the other day." He, the accused, wished for the opinion of the Bench ns to whether it was a fair thing or not that the witness should have been interrupted in the manner he had been, with an .attempt to prejudice the Court against a witness whose evidence they had not yet taken. The Court stated that they had no 'difficulty whatever as to the decision that they ought to conic to. They should dismiss the case, and they considered the evidence for the prosecution bad failed to establish the charge; that the constable in whose hands the condaot of the charge was had shownj 10

p C! whatever in procuring any evidence to sub-. ! s itiate his information. As to the remark made •I I the Sergeant of the Police, to which accused had ? s jially called attention, the Bench could not but | s that it was an irregular and,improper remark. 1 he case was therefore dismissed. ; BEGINS V. KENNEDY. ; 'risoner was charged by police constable Martin ! (h with frequenting the premises' at the Fleece a at 12 o'clock the previous night; and with being, i ble to account for his sodoing. I 'risoner stated he was innocent of tho charge, f a that he had come to the Fleece for a bed, owing | the Royal Oak being full. fi !ase dismissed with a caution. i I September sth. | (Before Joseph Brittan* Esq.) I Villiam Stewart was fined £I'for drunkenness' a attempting to break open a door of a house in (ombo Street, and in default of payment to be c miitted for 48 hours. September 6th. (Before John Hall, Esq.", R.M.) Thomas Casey was fined £2 for drunkenness," bng the second offence within the time mentioned i the ordinance. [here was a second charge also against this persi of wilfully damaging the lock of the cell door ■ a the police station. A constable here produced tl look in question. The prisoner stated in ans 3r to the charge that "he did not know what he ws about. Convicted, and fined £3. September 7th. i i.n application was made to-day by Thos. Dunn, ! li snsed proprietor of the Royal Hotel, Timaru, for \ a sransfer of his license to William Allen. The a] )lioation was considered by John Hall, Joseph \ Bittan, and Thos. H. Potts, Esqrs., Justices of. tie Peace for the province, and the transfer granted.. I T September Bth. | (Before John Hall, Esq., R. M.) | r James. Simmons was brought up in custody, and I charged with having been found, in the house of [ jjrae'3 W. Fuller in Colombo Street, at a late hour j in'the evening. I /J. W. Fuller stated that on his return from | practising with the band, he ibund prisoner in his i house, and upon his being unable to account for his ! being there, he took him down to the lock up. Witness had missed nothing from his house. Prisoner appeared to have been drinking but was not drunk at the time he was taken off, as he asked for his cap. i Prisoner stated he had had a glass or two, and I knew nothing of having been inside any house* i The Court severely cautioned the prisoner, and i fined him lOs.'for drunkenness.