MAGISTRATE'S COURT.

Marlborough Express, Volume XLIII, Issue 143, 15 June 1909, Page 5

MAGISTRATE'S COURT.

(Before Mr T. Scott-Smith, S.M.)

ALLEGED INSULTING LANGUAGE

A case was heard this morning in the Magistrate's Court- wherein Maud Eccles was charged with, <m the 9th June, at Blenheim, that she did use towards Ada Redwood insulting language, wherefore the said Ada Redwood requested that the said Maud Eccles be ordered to enter into recognisances to keep the peace. Mr Conolly appeared for the informant Ada Redwood, and Mr McNab (instructed by Mr T. M. Wilford) appeared to defend. Mr McNab said he was going to enter a preliminary objection under section IS, sub-section 1, of the Justices of the Peace Act. He objected to- the information in the first place. The whole • proceedings must be instituted by complaint, and there was no complaint at all. There was no power to issue a summons on an information; it must be clone on a complaint. Ho quoted Mi' Justice Johnstone in support. Mr Conolly, in answer, said it was always open to counsel for informant to have the information or complaint altered by striking out or inserting words. He would ask that the word "informist" be struck out and the word, "complainant" inserted. No such objection had been taken in the previous case. An adjournment was given because service had not been made. Where anyone was charged with using insulting language it was only fair that the matter be adjudicated on as soon as possible. Mr McNab objected to the alteration. If his friend proceeded with the case ho would do so. at his own peril. He would ask < his Worship to take note of the objection. His Worship consented to the alteration, and took a note of Mr McNab' s objection. Mr McNab then objected, to the mode of service. Last Friday the information (not complaint) _ was laid, and a summons issued. His Worship allowed the information to be withdrawn and a fresh information was issued. The summons was served on a servant in Mrs Eccles' house, she being away in Wellington, and the question arose —had she received sufficient time? She had had no means of knowledge till yesterday in Wellington that she had been summoned. _Mr McNab then quoted law decisionsbearing out his contention that reasonable notice must be given. Counsel went on to say'that his original application for an adjournment to Friday was fair. Considering the positions of the parties it was only a question of £ s. d. in keeping Dr Ltllico here. There could be no fear of the costs not being paid, if the case was won. -

Mr Conolly said that after his eloquent speech his friend should be quite capable of cross-examining the two witnesses he wished to call. He could do. that and let them go away. It was most inconvenient for the doctor to stay here till Friday. He would ask that these two witnesses be heard. Mr Wilford, for whom Mr McNab was acting, had the excuse that he could not get away from his Parliamentary duties, being Chairman oi: Committees. It was only, a subterfuge, to gain time. Mr Wilford could have easily come over. 'His Worship said that he could sea ri-o reason, why tli3 : ' adjournmentshould not bo granted. Dr Lillico, on being asked, said that it would be very inconvenient to him to wait till Friday. -He wished to catch a boat for Melbourne.

Mr McNab said that the prosecution were working a scheme. They withdrew one information and issued another and did not issue it. properly. Mr Conolly: I beg your pardon. The summons was served at Mrs Eccles' house on Saturday afternoon. Mr McNab: It is only a question of payment. The doctor would have to be paid for stopping, and he would be paid. If he mixejl himself up with these rows, he Mr Conolly: He did not mix himself up with rows. He simply heard the insulting language. His Worship agreed with Mr McNab's contention that there had not been sufficient notice given, and he would' adjourn the case until Friday Th* Doctor: I must go to-morrow. 1 have to catch the boat on Saturday. His Worship: I can't help that. The case is adjourned.